Beruflich Dokumente
Kultur Dokumente
Tel 212.364.5340
Fax 212.364.5341
www.innocenceproject.org
• March 14, 2006, letter from Assistant General Counsel, responding to the Innocence
Project’s Open Records Act request.
• Fax cover sheet from Attorney General’s Office, forwarding the Hurst report without
comment to the Governor’s Office on February 17, 2004 (the day Willingham was
executed). Full copy of the Hurst report (as sent from the Attorney General’s Office to
the Governor’s Office), saying that the forensic analysis that convicted Willingham was
full of “many critical errors” and reaches “invalid” conclusions.
• Fax cover sheet and letter from Willingham’s attorney, Walter Reaves, to Governor Perry
(with notes from Governor’s Office staff on the first page of the letter) from February 13,
2004.
• February 10, 2006, fax cover sheet with note from General Counsel, responding to the
Innocence Project’s Open Records Act request.
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7005 0390 0006 5889 9852 MAILED FROM ZlP CODE 78701
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OFFICE OF THE GOVERNOR
RICK PERRY
GOVERNOR
March 14 2006
We received on March 1 , 2006 your request under the Public Information Act (the " PIA ) for the
following information:
confirm whether it possesses documents concerning the report that Dr. Gerald Hurst
disseminated to Texas officials in relation to Cameron Todd Willingham. (Please see the report
dated Feb. 13 , 2004 , which is attached. Mr. Willingham was aITested in Corsicana and
subsequently executed by the State on Feb. 17 , 2004 , after convictions of murder relating to the
deaths of his three children in a Dec. 23 , 1991 , fire that destroyed the Willinghams ' home.
We have compiled copies of the documents that are responsive to your request for information. Such
documents are enclosed.
Our policy is to waive all charges for 50 pages or less of responsive materials. Because we have located
less than 50 pages of responsive material , no costs will be incuITed.
POST OFFICE Box 12428 AUSTIN , TEXAS 78711 (512) 463- 2000 (VOICE)/DIA 7- 1 FOR RELAY SERVICES
VISIT WW, TEXONUNE, COM TIE OFFICIALWEB SITE OF TIE STATE OF TEX
If you have any questions or need additional information, you may contact me at the address below or at
(512) 463- 1788.
Enclosures:
Responsive Documents
ATTO RNY GENERAL O F' TEXAS
GREG ABBOTT
POSTCONVCTION LITIGATION
, Gena Bunn, Chief
(512) 93 1400
, Phone Number: (512) 936- 1600
Phone Number: Fax Number: (512) 320-8132
Fax Number: (512) 936-1280
. TO:
FAX:
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FROM:
ca ifYOll have any questionsregardtngthis fax
( ) Origal wi be mailed
( J Please
SUJ;JCT: W\\\\N:
Confientaliiy Notke
tial
Jfyou hae receied this faC$imiJe transmission in error, please note these documents may contain conjide
informtion that cannot be dis losed without violatig the criminal provisions of the Texas Open Records Act Qr
Texas Penal Code 39. 03.
8TAT:&. TX.
POST OnIcEBox: 12548 , AUS'JN. TEXAS 78711. 2548 TEL: (512)463- 2100 WWW. OAG,
Prllft-la
An 8qrJa.l Sm.ploY1f'H'''' Oppt)rumc,y' BrrplQYbt' an llI. yol a Pa.fi
IN TH DISTRCT COURT
EX PAR
8: 36611 JUICIA DISTRCf
1. NFPA 921, " A Guide to Fi and Exlosion Invesgatlon, " The National Fire
roecon Amcladoo, 1992, 1995, 1998 2001
lO' lS : 9 !IDOl L L qa.: l8L8- 0l8- lLS: N38 A3N 011V .:0381.:.:0
(Cit a'fun-scale reproducton of a fire analogous to WlUlngham s in which a fire ,
thought to St
iri a hall by an accelerant Is shown Wi have resultd from flashover
In an adjacent room. Tes was nm by prosecution, who dropped arson case.
The fi ..e
The fi scene strcture was a small w00d fre house. The aras relevant to Qrlgin
an cause determation were a bedro In the nortea come.r of e house,
connected via a dqorway In the west wall to a hallway whih ran nort and south.
The soutern end of the haway opened through th front (nort) door onto a
cement porch. The doOIY to the porch had an aluminum threold piau.
The hevy damage to the floor exended out the bedroom door intO the haflway,
iNher It ran a short way to the . and a.n the way nort to th cement potd.
Ther was al perlp erallow charrng to the wals adjent to the nortern porton
of the , hallway and to the extrior face of the nort wall of the bedroom ad'fccent
to the porch.
The frnt door was I:onsed by fi/ a $creen door showed chanig under Its bae
and the wood under the aJlmnn thold was charrd.
In the bedrom there was a window with remnnt of craed glas present
Ti" Fi Mars&aJ $ C:oDcluoDS vs. Hew T_hnioey
In ht repo the invesgator for the Texa State fie Marshal' s Offce annced
that he "ad fond more du 20 indicators of incendiarim. The Indicatrs he
as, such were cl"ed gfas/ muldple ol1gins, br
ries on acernent pordi, low
bums on waUs in the Bedmlhl area , V.patterns on walls, charrg to e bae
SO' l:S : 9 L 1700l: L q Z:S L8- 0Z:S-Z: LS: xe.: N38 A3N 011V dO 381.:.:0
" "
110 ' lS : 9 POOl L L q8j l8 LB-Ol8-l LS: xej N30 A3N 011 jO 381jjO
dOOlWays Is
common occurrnce In . post-flashover fires. Th thermal radiation at
exemely, high because of the tubulent mixng of hot fuet.rih gaes with
Incoming fresh aIr. ThIs radiation If often high enough to actally melt the threhold
(660 degrees C).
Ten years aso melted threholds or charred un(lerfng wood were routlely
clasified as acceler.anHnduced phenomena. Today, teXtok
It Is ' knowledge that
1997 ,
See reference S abve, FblI imable an Coustible Liquid Spiil
Pat
Crazed OIas: The idea tht cmed Is an indicatOr of the use of a liquid
acc:e/erat Is now claifed by the fire I"v gatlon as an " Old WI Tale. " Crd
Blas is c.us by the rapid chUnnr of hot , 8fass by water used to exnguish th fie.
Th informtion was first publlhl! following the Investi
of a fil' stonn in
Oakand which destoyed many homes and later coified by laboratory II 1993.
See te.
reference 2 above, JlUnconventonal WIom: ihe Lens of Oaldand,
PAGE 02
G';V
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LAW OFFICES OF
f am writing this letter to you on behalf of Cameron Todd Wilingham. This letter
is a request for a reprieve. Currently, Mr. Wilingham is scheduled for execution on
February 17 2004.
I havereprese nted Mr. Willingham since his direct appeals were exhausted.
. As
with many capital cases, the defense he received was, far from perfect. This is
especially so for his representation on appeal , which was a main focus of the post
conviction proceedings. Mr. Willingham s lawyer on appeal neglected to raise a number
of impprtant issues. Had those iss ues been raised, I do not think we would be in this
position. However, we are, and that has been' through the courts, Even,
recognized the lack of quality of the briefs filed for him, but was not ableMr, Willngham
to obtain any
assistance , even though he asked for permission to represent himself,
I realize these issues have been through the courts, and are not something that
you wish to review again. However, there are some things that have not been through
the courts, that I think should be considered. Ever since I started reviewing the case
have had serious questions about Mr, Wnlingham s guilt. There are a number of , I
that he is not someone that was credible or worthy of belief. Nevertheless, he got on
the witness stand and testified to admissions made by Mr. Willngham. We have been
able to do little with that. I think that is an issue that raises serious questions about the
criminal justice system in death penalty cases , I do not believe it is enough to merely
present evidence to a jury, and leave the deciSion to them. Instead I believe
prosecutor s have an obligation , If not ethically, at least morally, to ensure that there are
no doubts about any of the evidence they present. I do not think you can say the
avidencefrom Mr. Webb was of that type. Nevertheless, as with many cases, the
evidence was put before the jury, and presumably, they gave it some weight.
The other evidence that did not come before the jury, was the fact ,that there was
an insurance policy on the children, However, Mr. Wilingham was ' not the beneficiary.
Instead, it was his wife, He was not even aware of the policy; he first became aware
after he had been arrested for this offense, Almost immediately after his arrest, she
cashed in on the policy and went out and purchased a new truck. Needless to say, her
actions were not that of a grieving mother, There is also additional evidence leading to
her. After the trial, a witness came forward, and indicated she saw Mrs, Willngham,
well as three other individuals at the house that moming The information was
extremely exculpatory, and led to the filing of a motion fot new trial. The witness
subsequently' recanted, and claimed that she did not see what she claimed , and had
fabricated the story. However" it is curious that at least one of the persons she names
was connected to Mrs. Willngham. There were messages left on the answering
machine by that person, and I do not believe this persn had any way of knowing that.
OnlY recently I have discovered that the fire was probably not set by anyone. Dr.
Gerald Hurst has offered his assistance in this case, and is submitting an affdavit which
wil be filed with the Courts. Dr, Hurst' s opinion is that the fire was not intentionally set.
He has rebutted almost all ofthe claims made by the fire marshal. Most are either not
supported by the science, or are no longer generally accepted principals. Dr. Hurst has
been involved in several other cases, and successfully obtained the release of persons
who were convicted of crimes almost identical to this one, This is something we have
just come across, and I think it clearly deserves further inquiry.
There is nothing more I would like than to be able to present you with evidence
of actual innocenae, I think we are close with Dr. Hurst, but he needs more time to
conduct a complete investigation: I think this is something that merits serious
consideration. The death penalty, whether you agree with it or not, should be reserved
for the most serious crimes. More importantly, ' it should be reserved for, thosecrirnes
about which there is no doubt about the guilt of the person, This is not an area where
we should have to guess , or entertain concerns or doubts. If there are any do bts, I
think we have an obligation as a society to prevent the execution. We are aU aware of
, the numerous cases OVfJr the last few years where persons have been exonerated
years after the crime, Many times it takes years for such evidence to develop- An
execution destroys any chance that person may ever have at establishing their
innocense. We already know that a number of people who have been exonerated were
'+tJLtJ:J:J WAL II: I:AVES PAGE 04
on death row, We have no idea whether there were any persons who have been
executed, and who could have established their. Obviously, once the execution occurs
there is no motivation to pursue , an investigation.
WMRlsj
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LA W OFFICES OF
(254) 826. 3713 WALTERM"REAVE8, JR.
Fax ('54) 826- 5572 Waco: 204 N. 6th
St., Waco Tex 76701 Maig Address:
West: 207 E. Oak Wert Texa 76691 1'. 0, Box 55
Wes Texa 76691
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