Arson investigators in Texas have relied on old wives' tales and junk science to send men to prison, and perhaps even the death chamber, top experts on fire behavior say.
Their refrain was magnified last month when Dr. Craig Beyler, a nationally respected fire engineer hired by the state to review evidence in two death row cases, issued a withering report that found no scientific basis to classify either fire as an arson. What's more, he methodically outlined about a dozen instances of improper analysis and mistaken conclusions by investigators, saying they relied on folklore about fire and ignored evidence that contradicted their theories.
His was the second critical report by scientists examining the capital murder cases of Ernest Willis, convicted of setting a 1986 fatal fire in Iraan, and Cameron Todd Willingham, sentenced for killing his three children in a 1991 Corsicana fire. After 17 years, Willis walked free when a new district attorney concluded that the fire was accidental, probably caused by faulty wiring or a bad ceiling fan.
Willingham, though, was executed in 2004, and his case – outlined in a recent extensive article in The New Yorker – has launched a new round of questions and speculation about the death penalty.
Opponents, buoyed by the recent release of dozens of Texas inmates under new DNA evidence, have long searched for a case of a provably innocent person having been executed. The Willingham case isn't it, at least not yet. But it raises the specter of arson becoming the next great frontier for questionable convictions.
Willingham's prosecutors acknowledge that some of the investigative techniques used back then have become outmoded, but they maintain that the trial testimony points to "overwhelming evidence of guilt."
Investigators in the Willingham fire protest the armchair analysis done by scientists who were never on the scene. And they have pointed out that those scientists still can't find a different probable cause for the fire.
Scrutiny of arson cases highlights a tangle between science and supposition. And in Texas, the stakes are big. As of last month, 742 offenders were in state prisons for arson, and on average, 275 more are convicted of the crime each year.
Those numbers make the Beyler report all the more troubling, said state Sen. Rodney Ellis, D-Houston, who has pushed to create a commission in Texas to explore questionable convictions.
"As scientific methods improve," he said, "it's a distinct possibility that we're going to find more problems in the criminal justice system."
In addition to Willis and Willingham, fire experts point to at least three other Texas cases that relied on questionable theories to win convictions.
And:
The keystone is the document known as "National Fire Protection Association 921" – a guide to investigations first published in 1992 that became a turning point in fire science. It was published after the Willis and Willingham fires.
Before 921, investigators were taught that fire burns upward, not down; that normal fires burn more slowly and not as hot as those fueled by accelerants; and that burn holes in the floor, cracked "crazed" glass and blisters in floors were signs of arson.
But 921 stated a fire sends heat and gas to the ceiling, and once they reach a critical temperature, a "flashover" occurs and everything in the room will be on fire. A flashover can happen quickly – within three minutes – and can leave all the signs that investigators once saw as arson evidence.
"If you debunk something in fire investigations, the first reaction of investigators is, 'You're wrong. You're just making it up. That's something you did in a laboratory,' " said Lentini, one of four noted scientists who wrote the first critical report of the Willingham investigation. The scientists donated their time at the behest of the Texas Innocence Project.
Lentini said it took years before the 921 findings became widely accepted.
Walter Reaves, a Waco attorney who has handled several arson appeals, said he still sees the kind of lore that was used to convict Willis and Willingham.
"In arson investigations, it's a system that has perpetuated itself," Reaves said. "The people who learned it that way are now teaching it. ... The scientists and arson investigators don't really meet."
In a separate sidebar, Hoppe details, "Five Texas arson cases under scrutiny."
Ed GrafCircumstances: The Hewitt resident was convicted of setting fire to a backyard shed where his two stepsons – Joby, 8, and Jason, 9 – were playing in 1986. Investigators testified that it appeared gasoline had been poured on the shed floor. Graf was sentenced to life in prison.
Evidence: Two months before the blaze, Graf had taken out $50,000 insurance policies on each boy. He'd insisted on leaving price tags on their back-to-school purchases, which he returned for a refund after the fire. At the time of the fire, he told his wife both boys were dead even though the fire department had only found one body.
Problems: The entire crime scene was bulldozed. Neighbors substantiated that the boys had frequently been in trouble for playing with fire. Highly flammable furniture was stored in the shed. The burn patterns identified by investigators as proof of a gasoline pattern are no longer considered credible evidence of arson.
Outcome: Graf remains in prison with his appeals all but exhausted.
And:
Garland Leon "Butch" MartinCircumstances: On Feb. 25, 1998, Martin's wife, Marcia Pool; their daughter, Kristen, 1; and her son, Michael, 3, were killed in a house fire. Martin had been abusive to Pool, and she told her mother he had threatened to kill her that day. Martin left with a friend, and when they returned 30 minutes later, found the house ablaze. He was restrained by police.
Evidence: Paramedics testified that they smelled charcoal lighter fluid on Martin when they took him to a hospital. Doctors reported evidence of blunt trauma to Pool and her son, probably before the fire was set. Investigators detected a pour pattern of flammable liquids on the floor and trace amounts of what was probably lamp oil found near a bedroom wall, where they said the fire started.
Problems: Other witnesses reported no unusual smells. The injuries to Pool and her son are common results of carbon monoxide poisoning. The "pour patterns" can occur in accidental patterns. The trace amounts of liquid also could have come from numerous household products. Other experts suspected the fire started on a back porch, where an extension cord connected to a refrigerator.
Outcome: Martin is serving a life term on three counts of capital murder.
Curtis SevernsCircumstances: Early on Aug. 1, 2004, Severns was called by a security company and told his Plano gun shop was on fire. He arrived to find the shop gutted. Federal agents began an investigation of arson, based on burn patterns.
Evidence: The fire was started in three places. It set off an alarm only 23 minutes after Severns left the shop, which had been struggling financially. Leading experts on fire behavior squared off, but the jury believed those who saw it as arson.
Problems: Several experts believe the fire began from a frayed cord from a fan. The multiple origins could have occurred from aerosol cans that bounced around and spewed from the heat of the fire. Also, ceiling tiles might have ignited and fallen in those spots. Severns had recently reduced insurance coverage on the shop. He and his wife earned good money and had healthy savings.
Outcome: He is serving a 25-year sentence in federal prison.
Earlier Willingham coverage begins here; related posts in the forensics category index.
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