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Innocent, but Executed
Sunday 30 August 2009
by: Barry Scheck | Visit article original @ The Huffington Post
Cameron Todd Willingham in his cell on death row in 1994. (Photo: Ken Light / The New Yorker)
In his final hours on death row, Cameron Todd Willingham and his attorneys tried frantically to show the governor of
During his trial, he refused prosecutors' offer to give him life in prison instead of the death penalty. He told them he was innocent, and he wouldn't agree to any deals. As he was strapped down in the execution chamber, just before the lethal injection began, he proclaimed his innocence one last time.
An extraordinary new investigative report in the New Yorker shows that Willingham was telling the truth. He was innocent. David Grann's report, in the September 7 issue, exhaustively deconstructs every aspect of the case and shows that none of the evidence used to convict Willingham was valid. Since the reinstatement of capital punishment in 1974, Grann's report constitutes the strongest case on record in this country that an innocent man was executed.
Willingham was convicted of murdering his two young children by arson. He spent 12 years on death row in
The state forensic commission in Texas is still finishing its work on Willingham's case, but David Grann's New Yorker article examines the entire case, including the jailhouse informant who plainly gave false testimony and the circumstantial evidence, flimsy in the first place, that was not what it appeared to be to the jury. After reading Grann's report, fair-minded people will know beyond a reasonable doubt that an innocent person was executed
So what now? Whether our criminal justice system has executed an innocent man should no longer be an open question. We don't know how often it happens, but we know it has happened. Cameron Todd Willingham's case proves that.
The focus turns to how we can stop it from happening again. As long as our system of justice makes mistakes - including the ultimate mistake - we cannot continue executing people.
At the same time, the problems in the Willingham case are not limited to people facing the death penalty. The Innocence Project has found that forensic science problems were a factor in 50 percent of all wrongful convictions that were later overturned with DNA testing. A recent report by the
It's not just possible to improve forensic science in this country - it's imperative. If Cameron Todd Willingham's case teaches us nothing else, it should make improving the reliability of our criminal justice system a top priority nationwide. It's not enough to feel bad that an innocent man was executed; we must use this moment to do better.
Barry Scheck is co-director of the Innocence Project.
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"The master class has always declared the wars; the subject class has always fought the battles. The master class has had all to gain and nothing to lose, while the subject class has had nothing to gain and everything to lose--especially their lives." Eugene Victor Debs
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