(10-04-09) City report on arson probe

State panel asks for city response in Willingham case

By Janet Jacobs

The City of Corsicana is calling foul in the latest review of the Cameron Todd Willingham case by Craig Beyler.

Although Willingham was found guilty of the 1991 murder of his three toddler daughters and executed in 2004, the case has been picked up by the Innocence Project as an example of misuse of the death penalty. At the Project’s request, the Texas Forensic Science Commission hired Beyler to reexamine the case for any mistakes that might have been made in the original investigation. Beyler wrote a scathing account of the work done 17 years ago, focusing on the trial testimony and where he claims the investigators ignored scientific method in favor of outdated wives’ tales about fire.

On Friday, the City released its response to the report, suggesting Beyler is an advocate for Willingham, and accusing him of misrepresenting the facts.

“It appears as if Dr. Beyler grossly misinterpreted some of the testimony to make some points,” said Terry Jacobson, Corsicana city attorney. “There’s evidence for a jury to have found (Willingham) guilty of murdering his kids.”

On Friday the Texas Forensic Science Commission was scheduled to question Beyler about his report, but some last-minute appointments by Gov. Rick Perry forced the cancellation of the meeting.

Prior to the new appointments, the commissioners asked Corsicana Fire Chief Donald McMullan to examine Beyler’s report and make an official response.

This is not the work of an independent, objective person, the response states.

“Given some of Dr. Beyler’s distortions of the trial record, as described below, it may be that he has assumed the role of an advocate,” the response states.

Among the many points in the city’s 21-page response:

• Beyler overlooked Willingham’s inconsistencies. According to witness statements, Willingham said that he fled out the back door; that he searched the house for the children before fleeing out the front door; that he kicked down the front door (he told some people he kicked it down from inside, others that he kicked it down from outside); that he was awakened by his daughter Amber coming into his room; that Amber’s screams woke him from another room; that he told Amber to get out of the house; that he tried to grab Amber but she evaded him and fled; that he crouched below the smoke to go into the children’s rooms to search for them; that he stepped over the baby gate in their doorway, both coming and going; that he tried to reenter the house after escaping, and that he didn’t try to reenter the house because of the fury of the fire. In all, the city points out 27 discrepancies in the Willingham stories to various witnesses and the investigators.

“Dr. Beyler’s reliance on Todd Willingham’s testimony and statements is puzzling because Mr. Willingham gave materially inconsistent accounts of what happened,” McMullan’s response states.

• Beyler is dismissive of the testimony of Johnny Webb, a fellow inmate in the Navarro County Jail, to whom Willingham allegedly confessed. Webb told the jury that Willingham started the fire by pouring lighter fluid in an X pattern on the children’s bedroom floor, a pattern which matches the diagram in the fire marshal’s report, and is included in Beyler’s report. Interestingly, the city points out that Webb was the first to testify and did not know about the diagram.

• Beyler also credits Willingham’s claims that the fire was electrical or gas-ignited, although investigators looked for electrical and gas-related causes, and eliminated those.

• Beyler ignores the testimony of Doug Fogg, the Corsicana Fire Department investigator, regarding the pour patterns and what could have caused them, and Beyler also quotes Fogg as saying that plastic toys don’t melt, and that latex paint doesn’t burn off wood, which he did not say.

“Dr. Beyler also mischaracterized much of the actual testimony, for reasons known only to him,” the city’s response states.

• The city does agree with Beyler in two counts: That Vasquez could not read Willingham’s mind; and that the local investigator should have taken samples of the concrete porch for analysis.

The city’s response is signed by McMullan, but Jacobson said he reviewed the trial records and police report and helped craft the response. The fire department no longer has a Willingham file, or any photos and videotape. In addition, the case took place before McMullan was hired in Corsicana, which hampered the city’s response.

The city recommends that the commission go back and retest the samples taken from the house, using 2009 techniques, and go further than the Beyler report for its facts.

“I encourage the commission to read the trial testimony and police report (with witness statements) to establish the actual testimony,” the response states.

The Beyler report is perhaps most critical of Vasquez, who worked for the Texas Fire Marshal’s office before his death about 15 years ago.

The fire marshal’s office is also preparing a response to the Beyler report, said Jerry Hagins, spokesman for the Texas Department of Insurance, which oversees the fire marshal’s office.

“We stand by the work of our investigator,” Hagins said. “With that said, we’re open to the current review, and we stand ready to assist the Forensics Science Commission in any way they need us to help them. If this new report sheds new light, we welcome that, but the case is 18 years old. While we welcome the scrutiny of the (Beyler) report, we do stand by our work.”

Hagins said the fire marshal’s report wouldn’t be made public until the commission asks for it. John Bradley, who was appointed Wednesday to be the new chairman of the commission, has not rescheduled a meeting yet.

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Click here to download the City of Corsicana's response to the Texas Forensic Science Commission.

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Click here to e-mail Janet Jacobs.

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