By Mike Ward
Austin American-Statesman
AUSTIN, Texas — The new chairman of a state panel that sparked a political storm by raising questions about the legitimacy of an arson probe that led to the 2004 execution of a Corsicana man told state legislators Tuesday that the agency must develop new rules before it can proceed with the inquiry.
That could mean months of additional delay, a prospect that drew new criticism of whether the agency is dragging its feet to politically benefit Gov. Rick Perry, who is seeking re-election next year.
Forensic Science Commission Chairman John Bradley insisted that is not the case. He said he is intent on keeping politics from interfering with the panel’s investigation into whether flawed science played a role in the case of Cameron Todd Willingham, among others.
Willingham was convicted of setting fire to his home a few days before Christmas 1991 in a blaze that killed his three children. He was executed in 2004. Since a fire expert hired by the commission last summer questioned the science used to convict Willingham, the case has raised questions about whether Texas executed an innocent man.
In October, as the commission was poised to hold a public hearing on the controversial report, Perry abruptly replaced the chairman and two other members - all whose terms had expired.
Tuesday’s Senate Criminal Justice Committee hearing had been expected to bring fireworks on the politically charged issue.
Instead, it was much lower key, at times almost mellow, despite some frank exchanges over how quickly the commission should act and whether it should be allowed to work in secret sometimes.
Bradley, who is also the Williamson County district attorney, said the commission has no rules and must develop some to know how to handle the complaint about the Willingham case and the two other complaints that are pending before it.
He said he plans to convene a meeting of the commission in January to discuss developing rules. He declined to speculate on how long the rule-making process will take.
“So now we’re going to have further delays on the release of this report?” responded House Public Safety Committee Chairman Tommy Merritt, R-Longview , echoing sentiments from Sen. Rodney Ellis, D-Houston .
Bradley said he intends to focus on doing the commission’s work correctly, not hurriedly. “To get it right,” he explained.
“I’m worried about the perception that we are delaying this process even more,” Ellis said. “What kind of cloud does this put on the criminal justice system of Texas?”
Need for secrecy?
Bradley said he thinks the commission might need some period of confidentiality to allow for internal discussions and review of investigative documents in cases before the commission discusses them publicly.
Several senators said they want the commission to do its business in public.
“I feel very strongly that those hearings should be held before the public,” state Sen. Juan “Chuy” Hinojosa, D-McAllen , said.
Echoed Sen. John Whitmire, the Criminal Justice Committee chairman, “This should be a public process.”
In one tense exchange, Bradley noted that Ellis is chairman of the board of directors for the Innocence Project, “a New York nonprofit” that filed the complaint raising questions about the arson evidence in the Willingham case.
“I have to ask if you are here today on behalf of that New York nonprofit or as a senator,” Bradley asked Ellis.
Ellis responded, “I am here as a senator.”
At another point in the Capitol hearing, Whitmire, D-Houston , questioned whether Bradley might have a conflict of interest because he is a prosecutor - part of the evidence system he is to police as chairman.
Bradley said he sees no conflict.
“It’s interesting that no one raised this question when a defense attorney was named chairman,” he said, referring to predecessor Sam Bassett of Austin.
After the hearing, Ellis said he intends to continue pushing for a “timely” hearing of evidence in the Willingham case.
“This is not about the death penalty; it is about the method of investigating arson cases in Texas - whether innocent men may be in prison right now because of flawed science,” he said. “I am opposed to not getting to the bottom of this in a timely manner.”
At least one member of the committee, Sen. Dan Patrick, R-Houston , questioned whether the commission should be weighing in on a death penalty case.
“Is it the role of the commission to delve into that (Willingham) case? It would seem to be going down a path the Legislature did not intend them to go down,” Patrick said. “You have to keep your focus on forensic science, not criminal cases.”
While criminal cases will inevitably be involved, Bradley said the forensic science should be the key.
“Is the role of this commission to second-guess judges or juries, or is it to investigate the process?” he said. “I would hope it is the latter.”
Meddling denied
Asked whether Perry’s office has tried to slow the process as the March GOP gubernatorial primary nears, Bradley said there has been no interference.
“I have not sat down or had a conversation with the governor or his staff and been told how to handle this case one way or the other,” Bradley said.
Within hours of the hearing, new accusations about the commission began flying.
The Texas Democratic Party blasted “Perry’s politically motivated cancellation of an essential review of Texas’ forensic science methods,” which it said has “threatened the ability of our criminal justice system to work properly for Texans.”
It criticized Bradley for suggesting that some commission activities should be kept secret. “It’s crucial that the commission’s investigations become more transparent - not less,” the party said in a statement.
In a separate statement, Scott Cobb of the Texas Moratorium Network , a group that opposes the death penalty, criticized Bradley for his past support of allowing murder co-defendants who do not pull the trigger to face the death penalty in some cases.
“The people of Texas should be concerned whether Bradley can be trusted to conduct an unbiased investigation into the scientific validity of the arson investigation and analysis methods used by prosecutors to convict and execute Todd Willingham,” Cobb said.
Copyright 2009 The Austin American-Statesman