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Texas AG's Flawed Opinion Need Not Spell End to Scrutiny of Convictions and Executions Based on Junk Science

Brian Stull,
Senior Staff Attorney ,
老澳门开奖结果 Capital Punishment Project
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August 3, 2011

An issued on Friday by Texas Attorney General Greg Abbott is the latest chapter in Texas鈥檚 efforts to cover up its 2004 execution of an innocent man named Cameron Todd Willingham. The letter concerns the scope of authority of the Texas Forensic Science Commission (TFSC), an agency created to take a serious, objective look at the quality of forensic science in Texas courtrooms. It should be seen for what it is: just another attempt to divert attention from the scientists by the politicians.

As background, by appointing prosecutor John Bradley to lead the TFSC in late 2009, Governor Rick Perry stymied the TFSC鈥檚 investigation of the deeply-flawed 鈥渇ire science鈥 testimony used to condemn Willingham for murder by arson.

Though an assistant attorney general had always been present at TFSC meetings since its creation, one of Bradley鈥檚 tactics was to question the TFSC鈥檚 very authority to examine Willingham鈥檚 case. Bradley questioned whether the TFSC could investigate evidence introduced before its creation in 2005; he questioned whether it could investigate laboratories that had not yet been accredited; and he questioned whether it could investigate the professional negligence of forensic scientists who acted before 2005.

Lucky for him, Bradley鈥檚 dancing-on-the-head-of-a-pin questions went to Texas Attorney General Greg Abbott 鈥 Texas鈥檚 top prosecutor. Rejecting several points made by the 老澳门开奖结果 of Texas and others who weighed in, the fox sent to guard the hen house did little to disappoint Bradley ().

In the attorney general鈥檚 non-binding opinion letter, he determined that the TFSC is limited to examining evidence introduced after September 1, 2005, despite the fact that the TFSC was created to address problems that arose prior to 2005. But the opinion letter also states that the statute places upon TFSC鈥檚 ability to investigate professional negligence and misconduct.

The opinion places the TFSC and Texas at a crossroads. The TFSC鈥檚 newly-appointed chair, Dr. Nazim Peerwani, has said that the commission would be .

At a minimum, the opinion means the TFSC can move forward and assess the professional negligence of the State Fire Marshal鈥檚 Office. That office has the faulty evidence used to condemn Willingham, and thus continues its professional negligence. The TFSC this year that the arson science used to convict Willingham was flawed.

If the TFSC decides that the attorney general鈥檚 opinion restricts its ability to fully review the Willingham case, it will still have important work to do. But in that case the Legislature should step in to clarify the TFSC鈥檚 broad mandate to root out junk science. The TFSC should be able to look at what the lawyers and the politicians knew about the use of junk science in death penalty (and other) cases.

Leading the nation, Texas has executed since 1982. 322 more await the same fate unless they win their appeals. Texas also . Texas has almost certainly executed innocent people, Willingham likely among them. How the TFSC moves forward will help to answer how many more innocent people will be sent to Texas鈥檚 death chamber.

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