Willingham was executed in Huntsville, Texas in 2004, despite always insisting that he was innocent. Since then, numerous arson experts have said that there was no reason to suspect arson and that Texas executed an innocent man. But the matter has yet to be resolved and Willingham has still not recieved justice (even if it is too little, too late). This inquiry could be a big step in the right direction.
Judge Baird told the Star-Telegram that he has decided to move forward with the court inquiry into the Willingham case after reviewing a petition filed Friday by lawyers representing Willingham's relatives. In a telephone interview, Baird said: "I have decided that the petition warrants a hearing". The inquiry will be held in his courtroom on October 6th and 7th, but may be longer if necessary.
"Obviously the most troubling aspect of this - and it just dwarfs everything else - is whether or not to believe that an innocent person has been executed by the State of Texas," the judge said. He also said that the inquiry could lead to Willingham's posthumous exoneration. He stated that he has no preconceived view of Willingham's guilt or innocence but felt that the questions raised by Willingham's case justified further examination.
"I agree with them that they're entitled to a hearing but I wouldn't say at any level that he's innocent," Baird said. "A lot of this stuff has either been done piecemeal or in secret and this will bring it all to light."
Due to appear at the trial is a jail trusy who testified that Willingham admitted the crime while in jail awaiting trial. Gov. Rick Perry's chief counsel, the Texas Fire Marshal, the Navarro County district attorney and the state prosecuting attorney may also attend but are not required to do so.
Texas Governor Rick Perry, completely ignoring all the new opinions from experts, of course, is continuing to avidly defend the execution, and happily describes possibly-innocent Willingham as a 'monster'. Those of us who believe Willingham was in fact innocent have accused Perry of interfering with the commission's inquiry by ordering a shakeup of the membership during a crucial phase of the inquiry (he did and it was a blatant way of sweeping the matter under the rug - guilty conscience Perry???). He disagrees. Well, he would. Remember Perry, when you point one finger and say 'monster', there are always three fingers pointing right back at you.
This inquiry can't be a bad thing, but I'm worried that if the findings are significant, the powers that be (the powers that just love the death penalty) will find another way to sweep this under the rug. I think they need to remember that a human life may well have been cut short for no good reason at all, and nothing in the world can change that - further more, it might happen again and we cannot let that happen. Willingham is dead and finding out the truth won't bring him back to life. But it will give his family some peace of mind. And if he becomes a martyr for the death penalty, as terrible as it is, at least his death might prevent further innocent deaths. That all depends on whether the powers that be down in Texas have the balls to admit they made a terrible mistake.
One way or another, Baird says he can make a ruling within 2 weeks of the conclusion of the inquiry.
This sort of thing should never have been allowed to happen. Until some one proves to me the infallibility of human nature, then and only then will the death penalty be even mildly understandable in my mind, but when mistakes lead to innocent deaths like this... At least something might finally be done about it. It won't bring him back, but at least he won't be remembered as a killer for no reason.
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