Texas DA Apparently Ensured Execution of an Innocent Man

[Perknose]

The lengths he's alleged to have gone to disgust me.

On Wednesday it was reported that John H. Jackson has been formally accused of misconduct by the State Bar of Texas in the case of Cameron Todd Willingham. You may remember the Willingham story from David Grann’s epic and groundbreaking 2009 New Yorker article on the Corsicana father who was convicted in 1991 of murdering his three children by setting his home on fire. It turned out that the forensic evidence used to convict Willingham was completely bogus, but when this exculpatory information was presented to then-Gov. Rick Perry, he went ahead with the execution anyway. Willingham died at 6:20 p.m. on Feb. 17, 2004.

What’s perhaps more sickening than the neglected forensic evidence in this case is the other work that Jackson, the prosecuting attorney, did to win a conviction and see that Willingham’s every appeal was denied. These efforts include allegedly coercing and paying off a jailhouse informant to testify that Willingham had confessed to him, lying to the jury about whether the informant had been offered any benefits in exchange for his testimony, and withholding the informant’s recantation while Willingham sat on death row. Or, as the Marshall Project, which has been reporting on Jackson’s alleged misdeeds for the past year, described the state bar’s accusations: “obstruction of justice, making false statements and concealing evidence favorable to Willingham's defense.”

“Before, during, and after the 1992 trial, [Jackson] knew of the existence of evidence that tended to negate the guilt of Willingham and failed to disclose that evidence to defense counsel,” the state bar alleged in its formal complaint.

Take a few minutes to read the entire article. The evidence of malfeasance by this prosecutor is really detailed and strong.

I know this story has been discussed here some time before, mostly highlighting the totally bogus forensic evidence of arson that helped convict this guy, but the full extent of the felonious duplicity by the prosecutor was not then known.

Possibly the worst part, besides Gov. Rick Perry's decision to go ahead with the execution of a guy convicted in large part on what was even then demonstrated to be flawed forensic evidence? The fact that this DA may well get off with only a slap on the wrist.

Per the article:

Based on recent history, Willingham’s wishes may be too much to hope for. A different former Texas prosecutor, Ken Anderson, was given a 10-day sentence, with five days off for good behavior, for having withheld evidence that kept a man named Michael Morton wrongfully in prison for 25 years of a life sentence.

 

[Mxylplyx]

The second it has been determined that a single innocent man has been executed by our criminal justice system, and I'm sure there have already been many, the death penalty should be outlawed by the supreme court as cruel and unusual punishment. It's shameful as a nation that it hasnt been already.

 

[senseamp]

So Rick Perry saw evidence that man was wrongly convicted, proceeded with execution anyways. Pro-Life in action.

 

[brycejones]

So Rick Perry saw evidence that man was wrongly convicted, proceeded with execution anyways. Pro-Life in action.

Did he have his smartifying glasses yet?

 

[hal2kilo]

So Rick Perry saw evidence that man was wrongly convicted, proceeded with execution anyways. Pro-Life in action.

Those damn pain pills again.

 

[Harabec]

For the good of the US as a country, these people should be hanged. As long as you deny them this fate, evil will triumph.

 

[master_shake_]

Texas...

no other words are needed.

if you add a c it's sexacT

 

[smackababy]

Didn't read the article, but I still agree with the guy being executed. Mostly, because #noLivesMatter and I'm always for killing.

 

[Subyman]

And Rick Perry thinks he can be president.

 

[sandorski]

Murder charges should be laid. Maybe even up to Perry, but at least the Prosecutor.

 

[master_shake_]

Murder charges should be laid. Maybe even up to Perry, but at least the Prosecutor.

due process takes so loooooooong.

how about a shove in to an active volcano?

 

[dank69]

Is this a repost or a separate instance?

 

[Perknose]

Is this a repost or a separate instance?

n/m

 

[TheVrolok]

Have read about the case a fair bit. It's absolutely disgusting, what's more, it will be even more disgusting when little comes of these findings. See glenn1's attitude in the recent threadnaught about this.

 

[CitizenKain]

Didn't read the article, but I still agree with the guy being executed. Mostly, because #noLivesMatter and I'm always for killing.

Well, you know where to start.

 

[Sunburn74]

The second it has been determined that a single innocent man has been executed by our criminal justice system, and I'm sure there have already been many, the death penalty should be outlawed by the supreme court as cruel and unusual punishment. It's shameful as a nation that it hasnt been already.

I dunno. I generally feel that you shouldn't avoid doing things just because the result is irreversible and there is the possibility of mistake. What if you applied that logic more broadly?

I'm not pro death penalty or against. I think honestly there is not much difference between life in prison and the death penalty which is essentially a shorter life in prison sentence (you spend 20 years in prison and they finally execute you as an old man) and neither is particularly good at deterring crime anyway.

 

[Humpy]

Didn't read the article, but I still agree with the guy being executed. Mostly, because #noLivesMatter and I'm always for killing.

Humpy likes this.

 

[uclaLabrat]

The second it has been determined that a single innocent man has been executed by our criminal justice system, and I'm sure there have already been many, the death penalty should be outlawed by the supreme court as cruel and unusual punishment. It's shameful as a nation that it hasnt been already.

And in cases of criminal negligence such as this, the guilty parties must also face death. It only stands to reason that those who hold others to such a standard must also be held to the same standard.

 

[kia75]

I dunno. I generally feel that you shouldn't avoid doing things just because the result is irreversible and there is the possibility of mistake. What if you applied that logic more broadly?

I'm not pro death penalty or against. I think honestly there is not much difference between life in prison and the death penalty which is essentially a shorter life in prison sentence (you spend 20 years in prison and they finally execute you as an old man) and neither is particularly good at deterring crime anyway.

The difference is that life in prison can be corrected. If the person above had been sentenced to life for the murder of his daughters he could be released right now. Unfortunately he's dead, and that he's been proven innocent now, years later doesn't do him any good.

In theory I'm not against the death penalty. There are some people that do things that are horrible and not worth being alive for. The way the death penalty is currently used, where prejudiced DA's kill innocent people because they don't like the music they listen to is horrible.

 

[ivwshane]

And in cases of criminal negligence such as this, the guilty parties must also face death. It only stands to reason that those who hold others to such a standard must also be held to the same standard.

That's what I'm wondering too. If this guy purposely convicted an innocent man who was then killed directly because of his actions, how is that not murder in of itself? If this guy isn't facing murder charges then we have some serious issues with out justice system.

 

[chubbyfatazn]

Is this a repost or a separate instance?

http://forums.anandtech.com/showthread.php?t=2424691

Hopefully this thread turns out better than the other one.

 

[OutHouse]

Totally disgusting, he should go on trial for murder.

 

[Sonikku]

This man WILL be your next president!

Has a lot in common with Perry.

 

[Double Trouble]

Prosecutors need to have leeway and protection to their jobs, but in this case the guy seems to have gone far beyond doing his job and into negligence territory. Given the evidence that showed his misconduct that ended up leading to the execution of a possibly innocent man, I'd say charges of negligent homicide against the DA are justified.

Won't happen though, the Texas criminal justice system is really messed up.

 

[glenn1]

Have read about the case a fair bit. It's absolutely disgusting, what's more, it will be even more disgusting when little comes of these findings. See glenn1's attitude in the recent threadnaught about this.

Sure, go argue your opinion in the Boston Marathon Bomber guilty thread and tell everyone about how disgusting it is. Because it's important to ensure that people who commit terrorism, piracy, and genocide have a nice long comfortable life. Hell, even Subyman disagrees with you on this one and thinks the death penalty is appropriate.

http://forums.anandtech.com/showpost.php?p=37313919&postcount=46

? It takes time to pick out jurors and get all the evidence just right so they can get a clean conviction. Would you rather them rush it and risk botching the process or are you advocating for a looser criminal justice system? They got the right conviction on this guy and he is facing either life in prison or death.

I am against institutionalized death penalties, but as long as it is on the books right now, may as well.