Governor Perry Wants the Todd Willingham Case to Go Away - But Should It ?

For several weeks Governor Rick Perry has been at the center of a controversy that just keeps getting uglier. Plenty of blame can be placed directly on the Governor himself.

It involves a Death Penalty case where arson testimony was used to help convict a man, named Todd Willingham, of setting his home on fire and killing his children inside. Without question it was a gruesome situation - but a new review of the evidence now indicates it may not have been arson . That's where the facts in this case begin to get fuzzy even though Governor Perry confidently claims Willingham was "...a monster who deserved to die."

More than a half dozen forensic experts disagree, however, at least from the standpoint of whether the evidence proves Willingham was an "arsonist" who intentionally set the fire.

Why does it matter? Simple. No arson = No crime.

In other words, the State of Texas under Governor Perry's watch may have executed an innocent man. To make sure that didn't happen the state's Forensic Science Commission conducted an investigation which included hiring arson expert Craig Beylar. Beylar, like six other fire experts before him, concluded that Willingham could not have set the fire, as alleged.

Ironically, it was almost an identical case to that of Ernest Willis who was also on death row for an arson related murder at the very same time. But Willis had access to money while inmate Willingham did not. So, after an estimated $12 million in legal fees and 5 years of court battles Willis was set free while Willingham put to death.

His lawyers tried to delay his execution by making a last minute plea to the Governor just 88 minutes before Willingham was scheduled to die. That much we do know. What we don't know, however, is what - if anything - the Governor was told about the new evidence or at what time he received his briefing.

The Governor was reportedly out of town at the time and so far has refused to release any "records" or "briefing papers" that might help fill in the gaps. The state's Forensic Science Commission's investigation was also halted because Perry replaced several members before it was ever completed.

Remember, this IS NOT an argument for or against the death penalty. It is simply a plea to encourage Governor Perry to release ALL public records that will show what was or was not done before Texas' deadly cocktail of chemicals was ever administered.

So, why won't he release them? Governor Perry argues the documents are exempt from public disclosure because he says they fall within the "attorney-client priviledge."

Former Death Row Inmate Ernest Willis, however, has a different explanation. In an exclusive interview with Texas Monthly's Michael Hall, Willis says Governor Perry is "...afraid they killed an innocent man on his watch..." and says the Governor "...should own up to it and say, ' hey we made a mistake.'" Willis also says there's no doubt in his mind Willingham was innocent of the arson and says he knows of five other inmates still on death row who he believes are also wrongfully convicted. Now a free man himself, escaping the death chamber with expert arson testimony just five years ago, Willis is now calling for an execution moratorium in Texas.

Oh yea, the Governor's General Counsel was also cleared of an arson indictment - based on testimony - from after-the-fact arson investigation experts.

Who and What Will Be the Future of News ?

Recently I attended a lecture on the Austin campus of the University of Texas entitled "The Future of News: The Crisis in American Journalism and Why People Should Care." It was the latest effort to "...bring notable journalists to the University of Texas campus..." as part of the Mary Alice Davis distinguished lecture series "...to discuss the role of journalism in a democratic society and to address issues of press freedom, credibility, and ethics." The timing for such a topic was timely with all the hand-wringing and water cooler prognostications about whether newspapers can survive? Or, even if journalists or the news as we know it will exist when today's college students get ready to enter the business of the Fourth Estate.

Legendary newsman, and native Texan, Dan Rather was selected to deliver this heady lecture to a packed house of more than 700 students, professors and special guests inside the Texas Union Ballroom. Rather didn't disappoint. Reflecting on his more than 60 years as a journalist, he referred to the press (news media) as “the red beating heart of freedom and democracy.” He also told the crowd, “When we speak of the future of journalism, let us fully understand that quality journalism of integrity is currently in decline and in peril.” Why, according to Rather? " Corporatization, politicization and trivialization."

According to Rather, " Good journalism starts with an owner or publisher who has guts..." although he added "...most publications and broadcasters have fallen prey to mergers for the last quarter of a century.

" Good journalism costs money," Rather said. And he added, "we're in a race to the bottom - with four and no more than 6 companies that currently own the majority of news distribution outlets."

It was a sobering examination of today's climate which Rather eloquently placed in historical context: "...“It was not for nothing that this nation’s founding fathers placed freedom of the press right alongside freedom of speech and freedom of religion in the very First Amendment of the Constitution up at the top of the Bill of Rights.”

In closing, the 77 year old journalist said "I'm not sure news can survive without the active involvement of the news consumer." And he challenged all of us to "...let the ownership know that you demand quality news reporting" not just sit back and settle for the easiest pictures or sound bites of the day.

Verification, accuracy and the validation of official documents, however, was glossed over if even mentioned at all. And yet it was the use of documents questioning President George W. Bush's military service in the Texas National Guard that had tarnished Rather's lengthy career. He retired following an ensuring controversy debating the documents veracity.

Yes, as UT's School of Journalism director Tracy Dahlby put it, “Rather has spent six decades getting the job done, telling people things they need to know about their world they otherwise wouldn’t. He’s done it with courage, style, wit and occasionally the controversy that comes with being a journalist.”

As Rather spoke, I glanced around the room at the crowd. So many young faces attentively listening much the same way I would have as a student journalist myself. And here I was, more than thirty years later, sitting alongside them for today's debate involving "The Crisis in American Journalism and Why People Should Care."

I invite these future journalists, and others across this great state to carry the torch of this noble profession and The Freedom of Information Foundation of Texas is here to assist them in "getting the job done."