Capital Punishment in Texas - Alleged Execution of Innocent Persons

Alleged Execution of Innocent Persons

Texas' active use of the death penalty has led death penalty opponents to claim that Texas has executed persons who were, in fact, innocent. One notable case involves Cameron Todd Willingham, who was executed by lethal injection on February 17, 2004 for murdering his three daughters in 1991 by arson, but where a 2009 article in The New Yorker, and subsequent findings, have cast doubt on the evidence used in his conviction.

In 2009, a report conducted by Dr. Craig Beyler, hired by the Texas Forensic Science Commission to review the case, found that "a finding of arson could not be sustained". Beyler said that key testimony from a fire marshal at Willingham's trial was "hardly consistent with a scientific mind-set and is more characteristic of mystics or psychics”.

Governor Rick Perry expressed skepticism of Beyler's findings. He stated that court records showed evidence of Willingham’s guilt in charges that he intentionally killed his daughters in the fire. Perry is quoted in the report as stating of Willingham, "I’m familiar with the latter-day supposed experts on the arson side of it," and Perry said that court records provide "clear and compelling, overwhelming evidence that he was in fact the murderer of his children."

On July 23, 2010, the Texas Forensic Science Commission released a report saying that the conviction was based on "flawed science" and that there is no indication that the arson authorities were negligent or committed willful misconduct. Willingham remains the only person in the United States executed since 1976 for murder by arson.

Carlos DeLuna was convicted of murder and executed in 1989 for the killing of a 24-year-old gas station attendant on the evening of February 4, 1983. Since DeLuna's execution by lethal injection, doubts have been raised about the conviction and the question of his guilt. An investigation published by the Columbia Human Rights Law Review in May 2012 has strengthened these claims of innocence by detailing a large amount of evidence suggesting the actual murderer was Carlos Hernandez, a similar-looking man who lived in a nearby neighborhood.