Texas Democratic Party: Moving Texas Forward

In recent weeks, numerous media reports suggest Rick Perry has attempted to cover up an investigation and expert report – authorized by his own Forensic Science Commission appointees – that indicates the State of Texas may have executed an innocent man in 2004 based on faulty arson evidence. Perry described his role in preventing the Commission’s review of the report as “business as usual” – which is tragically true. Throughout 25 years as a career politician, it’s been “business as usual” for Rick Perry to ignore or dismiss facts that don’t further his personal political ambition, without regard to what is best for Texans.

Rick Perry’s latest political cover-up, however, is different.  As we’ve detailed throughout our “Top Ten Rick Perry Failures” series, the decisions Rick Perry has made as Governor have cost many Texans in a very direct, personal way. Texans are great and proud people, but getting a quality education, paying skyrocketing insurance rates, or getting timely health care before it becomes a critical “life and death” problem is harder to do in Texas than in most other states.

Those failed Perry policies were enabled by other politicians under the one-party rule of a Republican-controlled legislature. By contrast, when the legal system falters, as it apparently did in the Willingham arson case, the Governor alone has the responsibility to decide whether to stay an execution should the facts indicate an innocent man may be put to death. That is Rick Perry’s responsibility, alone.

The Houston Chronicle recently discovered that Perry’s office knew about the faulty arson evidence before Willingham was executed. (Source: Houston Chronicle) However, Perry’s office has steadfastly refused to release forensic files detailing their review of the case, despite mounting pressure to make the entire investigation and all relevant information public. (Source: Dallas Morning News)

This case is not about the death penalty or “tough on crime” politics – it’s about knowing exactly what happened and when – because Texans should have confidence that we punish the guilty and not the innocent.  Rick Perry insults all law abiding Texans by trying to cover up the facts instead of accepting responsibility for his decision in this case. While we wait for Rick Perry to tell the truth, here is what is known so far:

• The Texas Forensic Science Commission – a commission established by the Texas legislature – released an August 2009 report they commissioned from Craig Beyler, one of the nation’s top arson experts, which discovered that the arson evidence used to convict Willingham was faulty. (Source: Dallas Morning News)

• Two days before Beyler was to present his report to the Forensic Science Commission, Perry suddenly fired three commissioners – including the chairman – which canceled the meeting and shut down the investigation into the use of arson evidence in Willingham’s case. (Source: Fort Worth Star-Telegram)

• After the firings, it was discovered that members of the Forensic Science Commission urged Perry not to fire and replace anyone on the Commission in the middle of the investigation. (Source: Austin American-Statesman) Sam Bassett, the Commission chair before Perry fired him, previously received pressure from the Governor’s office to quit the investigation, and was told by Perry’s top lawyers that his efforts were a “waste of state money.” (Source: Houston Chronicle)

Before anyone is convicted of a crime in Texas – let alone put to death – it is essential to ensure that the best evidence possible is used. The Texas Forensic Science Commission had plans to do exactly that by investigating forensic science methods across the state – before Rick Perry gutted the Commission. (Source: Fort Worth Star-Telegram)

By gutting the Texas Forensic Science Commission and engaging in a political cover-up to avoid the independent review of evidence used to execute Cameron Todd Willingham, Rick Perry has obstructed an important review of the Texas criminal justice system.

Tomorrow – #2: Perry’s Opposition to CHIP Fails Texas Children

Previous – #4: Perry Education Report Card: F

To read more about how Rick Perry has failed Texas, visit the TDP’s Top Ten Rick Perry Failures page by clicking here.