CRIMINAL JURISDICTION

Flagrant Exhibit of Unprofessionalism, Disloyalty to Executed Client Adds to Nationwide Scrutiny of Willingham Execution

By Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

We’re not in the habit of criticizing fellow criminal defense attorneys, but, and unfortunately, we feel compelled to discuss the antics of Mr. David Martin, of Corsicana, Texas, recently displayed on nationwide television. Martin was Cameron Todd Willingham’s defense attorney during Willingham’s August 1992 capital murder trial. Willingham had been charged with intentionally setting fire to his Corsicana, Texas house in December 1991 which killed his three small children. Martin was appointed to defend Willingham who maintained from the outset that he was innocent of starting the fire that killed the three children.

The evidence presented at Willingham’s is listed below:

1. State arson experts testified to the effect that Willingham poured a combustible liquid on the floors throughout his house and intentionally set it ablaze which resulted in the death of his three children (twin girls aged 1 and a third daughter aged 2) by acute carbon monoxide due to smoke inhalation.
2. An expert witness specifically testified the floors, front threshold, and front concrete porch were burned, and that this can only occur when an accelerant has been purposely used.
3. Neighbors testified that Willingham “crouched down” in the front yard as the house began to smolder and refused to heed the neighbors’ pleas for him to make some effort to recuse the children.
4. Neighbors also testified that when the fire “blew out” windows in the house, Willingham “hollered about his car” and ran to move it away from the fire so that it would not be damaged.
5. A firefighter at the scene testified that Willingham was upset because his dart board had been burned in the fire.
6. Another neighbor testified that the morning after the fire, Christmas Eve, Willingham and his wife pored through the fire debris while laughing and playing loud music.
7. Witnesses testified that Willingham did not display any grief for the loss of his children either at the fire scene or at the hospital later that night.
8. A “jailhouse snitch” testified that Willingham told him that he killed his children to cover-up prior abuse of them. 1/

Absent the testimony of the state’s fire experts, there was no real evidence that Willingham committed the crime. It was the state’s expert arson testimony that convicted Willingham of capital murder and resulted in the death penalty being imposed.

As Willingham’s state and federal appeal remedies drew to a close in November 2003, his family contacted a prominent, Cambridge-educated fire scientist from Austin, Texas named Gerald Hurst. The family persuaded this expert to examine the state’s arson evidence to determine if it was reliable. Skeptical at the outset, Hurst nonetheless undertook the pro bono task of reviewing the Willingham evidence. He was astonished not only by the evidence relied upon by the state experts but the procedures they utilized to draw the conclusions they presented to the jury; namely, that the fire had been intentionally set and Willingham was the only person capable of setting it. (more…)