In 1991, a house fire claimed the lives of 2-year-old Amber Kuykendall, 1-year-old Kameron Willingham, and 1-year-old Karmon Willingham. Their father, Cameron Todd Willingham escaped. Fire investigators concluded that the fire had been deliberately set and Todd was arrested and charged with capital murder. He was executed for this crime in February 2004. Today, scientists agree that the arson evidence used to convict Todd was junk science.

Did Texas execute an innocent man? In part one, hear the case against Cameron Todd Willingham. 

Further Reading: 

The Skeptical Juror and the Trial of Cameron Todd Willingham by J. Bennett Allen

Inferno: An Inquiry Into the Willingham Fire by J. Bennett Allen

Trial by Fire by David Grann (The New Yorker, August 31, 2009), https://www.newyorker.com/magazine/2009/09/07/trial-by-fire

Man Executed on Disproved Forensics by Steve Mills and Maurice Possley (Chicago Tribune, December 9, 2004)

Special thank you to Andrew McKay of Into the Portal, https://www.intotheportal.com/

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Bob Ruff is the host of Truth and Justice, a show that investigates wrongful convictions using the combined talents of the show's many fans. In this episode, Jen chats with Bob in the first of a series of interviews with citizen detectives.

Check out Truth and Justice at https://www.truthandjusticepod.com/

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In 1986, Ray Hightower was convicted of aggravated kidnapping and indecency with a child in Abilene, Texas. The primary evidence against him was testimony that a hair found in his truck belonged to the victim. Was that testimony accurate?

Ray Hightower has maintained his innocence since 1986. Thank you to Allison Clayton of the Innocence Project of Texas for sharing his case with me.

Further reading:

A Brief History of Forensics, Radley Balko, Washington Post (April 21, 2015), https://www.washingtonpost.com/news/the-watch/wp/2015/04/21/a-brief-history-of-forensics/

The First Criminal Trial That Used Fingerprints As Evidence, Francine Uenuma, Smithsonian Magazine (December 5, 2018), https://www.smithsonianmag.com/history/first-case-where-fingerprints-were-used-evidence-180970883/

Frye v. United States, 293 F. 1013 (D.C. Cir. 1923)

Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)

Federal Rule of Evidence 702, https://www.law.cornell.edu/rules/fre/rule_702

Microscopic Hair Comparisons: A Cautionary Tale, Paul C. Giannelli (April 2010), https://www.researchgate.net/publication/228164710_Microscopic_Hair_Comparisons_A_Cautionary_Tale

Strengthening Forensic Science in the United States: A Path Forward, National Academies Press (August 2009), https://www.ncjrs.gov/pdffiles1/nij/grants/228091.pdf

Invalid Forensic Science Testimony and Wrongful Convictions, Brandon L. Garrett and Peter J. Neufeld, Virginia Law Review (March 2009), https://www.virginialawreview.org/sites/virginialawreview.org/files/1-2.pdf

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Jen chats with Austin criminal defense attorney Steve Brand to learn about Gov. Abbott's Executive Order No. GA-13 and other Covid-19 issues in the criminal justice world.

In this bonus episode, Jen chats with Lloyd Schlup's attorney.

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The second case in our actual innocence series tells the story of Lloyd Schlup, who was framed for the murder of Arthur Dade, Jr. in 1984 while serving a life sentence at the infamous Missouri State Penitentiary.

FURTHER READING:

Schlup v. Delo, 513 US 298 (1995), https://scholar.google.com/scholar_case?case=14288583663922904477&q=schlup+v+delo&hl=en&as_sdt=6,44

SPECIAL THANKS:

Matt Rudolph of Graveyard Tales (https://www.graveyardpodcast.com)

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Check out this bonus episode featuring an interview with the co-founder of the California Innocence Project, Justin Brooks!

California Innocence Project Website:

https://californiainnocenceproject.org/

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Check out this bonus episode featuring an interview with the Deputy Director of the Innocence Project of Texas! 

IPOTX Website:

https://innocencetexas.org/

Full bio for Allison Clayton:

https://innocencetexas.org/staff

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This week, we start a new series on actual innocence with the case of Herrera v. Collins, 506 US 390 (1993).

SPECIAL THANKS:

TJ Counihan of 4170 Productions (@4170productions)

Adam Ballinger of Graveyard Tales (https://www.graveyardpodcast.com)

Cyrus Slate

Desdymona Howard (https://desdymona.com)

Chris Williamson of Chasing Earhart, Vanished, and Me and My Friends

https://www.chasingearhart.com/

https://www.vanishedshow.com/

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“I used to always tell my clients, where there’s life, there’s hope.”

In this bonus episode, listen to South Texas College of Law Professor Kenneth Williams discuss the Stickland standard and what it's like to work on death penalty cases.

CHECK OUT PROF. WILLIAMS HERE:

http://www.stcl.edu/about-us/faculty/kenneth-williams/

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