Texas governor accused of covering up innocent man’s execution

By Daniel Tencer
Saturday, October 3rd, 2009 -- 7:02 pm
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rickperrytxgovernor Texas governor accused of covering up innocent mans executionThe head of a Texas anti-death penalty group has accused that state's governor of scuttling an investigation into a possible wrongful execution for political reasons.

"[Texas Governor Rick] Perry saw the writing on the wall," Scott Cobb, president of the Texas Moratorium Network, told CNN. "He moved to cover that up."

The "writing on the wall" Cobb was referring to was the investigation by the Texas Forensic Science Commission into the execution of Cameron Todd Willingham, who was put to death in 2004 for the 1991 arson deaths of his three daughters.

Forensic investigations done since Willingham's conviction have found no evidence of arson. Nonetheless, Perry refused to grant Willingham a stay of execution in 2004, even though credible questions had already been raised about Willingham's guilt.

On Wednesday, Gov. Perry ordered the removal of three members of the forensics commission, and instituted a "political ally," as CNN described him, to head the committee. That ally is reported to have ordered the investigation into Willingham's execution delayed indefinitely, saying he "couldn't begin to guess" when the commission would reconvene.

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As CNN's Randi Kaye noted, since Willingham's conviction, "three forensic investigations found there was no evidence of arson. None."

What's more, as RAW STORY reported in August, Gov. Perry was informed before Willingham's execution that the claim of arson made by fire officials and the prosecution in the 1991 trial was likely unfounded.

Put together, those facts may make Gov. Perry "the first governor in history to preside over the death of [a known] innocent man," CNN stated in a report aired Friday.

"Critics suggest he's trying to delay or maybe even derail the state's own investigation" into the Willingham case, CNN's Kaye stated. And the reasons for it may be quite obvious: The commission's final report would likely have arrived weeks before the primary gubernatorial election Perry faces next year.

Asked about the removal of the three commissioners, Perry stated: "Those individuals' terms were up, so we replaced them. There's nothing out of the ordinary there."

But, as the Fort Worth Star-Telegram notes, some of those removed had already had their terms renewed.

CNN's Kaye noted that Perry "declined to make the time for an interview" for its report.

ACLU: 'EXTREMELY SUSPICIOUS' TIMING

"Gov. Perry said that the change was 'business as usual,'" the ACLU wrote on its blog Friday. "Unfortunately, his words ring all too true. Willingham is not the first likely innocent person executed by the State of Texas. Others include Carlos De Luna and Ruben Cantu. But the state has never acknowledged any of these tragic mistakes. Business as usual, all right."

The ACLU statement described the governor's timing for the removal of the three commissioners as "extremely suspicious, to say the least."

But some observers have gone further. Glenn W. Smith at FireDogLake states that Gov. Perry may have violated federal law when he shut down the investigation into Willingham's execution.

Smith argues Perry could be prosecuted under USC.18.1001, which makes it a crime for anyone "in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States" to "falsify, conceal, or cover up by any trick, scheme, or device a material fact."

The federal statute applies, Smith argues, because Texas takes money from the federal government for its justice system, and the funding guidelines refer to the law directly.

"If firing three members of the commission and bringing to a screaming halt an investigation and hearing about the execution of an innocent man is not a trick to cover up material facts, nothing is," Smith wrote.

The following video was broadcast on CNN's AC 360 on Friday, Oct. 2. 2009.

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Story comments are below...
  • Showdown0_0
    Should be investigation for murder as he seems to want to cover it up looks like he wanted to kill him for political reasons.
  • damixaustex
    Let's be fair, Perry didn't want a bad decision to haunt him during an election.
    His sense of justice pales against his drive for personal gain.
  • Bob
    Texas is the dingleberry on the anus of the USA. The sooner we wipe our collective ass the better we'll feel.
  • Bob
    Texas is the dingleberry on the anus of the USA. The sooner we wipe our collective ass the better we'll feel.
  • pitbullstew
    pretty serious allegations if true, can you imagine the wretched state of mind the doomed man must have died in?
  • Guest
    Arrest the good governor, try him and if guilty execute him. He's a Republican, so he will understand.
  • Rufus
    Arrest the good governor, try him, and if found guilty execute him. He's a Republican, so he will understand.
  • Rufus
    Arrest the good governor, try him and if guilty execute him. He's a Republican, so he will understand.
  • rdressler
    The full story was recently reported by the New Yorker: http://www.newyorker.com/reporting/2009/09/07/0... If there are any doubters, read this. There are many people who should go public on this (if they don't fear retribution). Has Elizabeth Gilbert, Willingham's most frequent visitor, spoken out?

    Rainer
  • trippin
    So, not only is Perry a traitor for advocating Texas succession, he's a murderer by negligence.
  • No doubt this mental midget will be running for president sooner or later. Thank you Jeebus!
  • Lyman
    I really think that Texas should secede. It really should be its own country.
    It will be right in there with Honduras.
  • futurefile
    Only this time, Texas will show all those two bit banana republics what a real right wing dictatorship should look like!
  • harrylord
    Enforcement, by definition, is inherently a selective endeavor, "Itʻs for poor people," not the power elite. Homicide is crime... unless you commit genocide, a million at a time! No indictment of George W. Bush speaks volumes!
  • MadTom
    Yes, Perry has been mentioned as a presidential candidate out on the far-right perimeter.

    He combines the worst qualities of George W Bush and Sarah Palin.

    Undiluted strength.
  • DFW
    DOJ needs to take this where it leads and if appropriate, which seems likely from our governor's actions, Perry needs to be prosecuted for all crimes he is found to have committed, including conspiracy to commit murder 1, as premeditation and malice of forethought are blatant in the formal execution of an innocent man.
  • mikegreb
    The more I watch politics, the more i get the impression that many politicians have this a rule number one: "Partisan gamsmanship trumps everything." The person chosen by Gov. Perry knows why he was put there, therfore it is in his political intrest to stop the investigation. In Texas there is no bigger feather in a D.A.'s cap than getting the death penalty.
  • aghast
    I recall all too well when I lived in Texas, this man pleading for his life. There were articles in the local (big city) paper about the forensics that lead to his conviction being completely bogus.
    Perry, who is nothing but a Bush crony hold-over, refused to take action to free the unfortunate man.

    It is completely unsurprising that Rick Perry is engaged in a cover-up of this murder. One must remember that there is NO compassion from government in regard to persons in prison in this state, much less for those on death row. There are weekly killings of prisoners by the "Great State of Texas." The government there takes pride in being "tough on crime," whether for life sentences for being in possession of a single marijuana cigarette or capitol punishment for the retarded and insane.
  • You also have to remember that Rick Perry stated in public that he was a "born again Christian" and believed that anybody that wasn't would "burn in hell." His Christian beliefs may have played as a factor in executing an innocent man. If Perry believed that he wasn't a Christian, then killing him was within the norms for fanatics that believe everyone is going to hell but them.
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