Good start for theForensic Commission

In 2005 the Texas legislature created a Forensic Commission. Their job was to investigate complaints of forensic misconduct. Frankly, I didn't expect them to do anything, and I still don't have high hopes. However,  they at least got off to a good start - even if did take almost 3 years.

The commission voted on Friday to review two arson cases - Cameron Willingham and Ernest Willis. One was executed, and the other released, on almost identical evidence. The Innocence Project has already commissioned a report that was prepared by the leading experts in the country, so I don't know how much work is going to be required. Maybe that's why they took these two cases.

I'm not sure what they can accomplish, but hopefully this will raise awareness of the issue of flawed arson investigations. There are other cases out there, and people still serving  time for something that was not a crime.

I represented Cameron Willingham in the final stages of his appeals, and presented the evidence to the courts and the governor.  The response from the governor's office was that he "didn't see anything that would convince him he should postpone the execution". I'll never forget that statement - but I guess its too much to expect something like innocence to get in the way of an execution.  It's too late for Mr. Willingham, but maybe the commission can do something to prevent the same thing from happening to someone else.

Innocent - but still in the database

Over the last few years it has been common practice to take a DNA sample from persons convicted of certain offenses, and submit it to a national database. The obvious goal is have someone to compare unknown samples. The database has already produced several "cold hits", where previously unknown suspects were identified. Although there have been challenges to collecting the samples, those have not been successful to date, and probably won't be as long as it is limited to persons who have actually been convicted. What if you take samples from everyone who is arrested though? And what if you keep those samples even if the person is exonerated, or charges or never filed. That is the situation that currently exists in Britain and the process is being challenged in the European Court of Human Rights. DNA testing is not the foolproof system it was once thought to be; mistakes do occur, and people have been wrongly identified. How tragic would it be if an innocent person is dragged through the justice system again because of a faulty DNA hit? Let's hope the court does the right thing - otherwise we may be dealing with the issue here.