Opponents of the death penalty are working to clear the name of Cameron Todd Willingham even though he is long dead, executed more than six years ago.
Willingham was convicted of setting the fire that killed his three young children in 1991. The prosecution relied heavily on the testimony of a deputy fire marshal, who pointed to “evidence” that the fire had been deliberately set. Since then, several investigations by independent experts have concluded that the fire was accidental, and the deputy’s testimony against Willingham was “misinformed.”
The question of whether an innocent man died by lethal injection should be a top priority in Texas, which leads the nation in executions. In a state that executed 24 in 2009 and 17 in 2010, the possibility of condemning an innocent man is a powerful argument against the death penalty.
But death penalty supporters are reluctant to concede the fallibility of Texas’ system. So it is not surprising that prosecutors opposed the inquiry by appeals court Judge Charlie Baird into whether Willingham was wrongly executed. Last month, a county district attorney’s objections stopped the hearing with the claim that the judge is biased against the death penalty.
The Texas Court of Criminal Appeals, which halted the Willingham inquiry, has also stopped another court’s hearing on the constitutionality of death penalty. Lawyers for a man accused of murder sought the hearing after DNA evidence raised doubts about the execution of John Edward Green Jr. in 2000.
If either court finds that an innocent man was executed, it will raise the question of whether the death penalty can be fairly administered. That’s why the guilt or innocence of John Edward Green Jr. and Cameron Todd Willingham remains a matter of vital interest to all of us.
— Questions? Comments? Contact Managing Editor Nick Cowenhoven at nickc@journaltribune.com.
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