Prosecutor in Texas execution case accused of misconduct

[webfact]

Prosecutor in Texas execution case accused of misconduct
By EVA RUTH MORAVEC and PAUL J. WEBER

AUSTIN, Texas (AP) — A prosecutor who handled the case of a Texas man executed for the fire deaths of his three daughters has been formally accused of misconduct over allegations that he concealed evidence during the 1992 murder trial.

The State Bar of Texas has asked a Navarro County court to discipline John H. Jackson following questions raised by the New York-based Innocence Project and Willingham's relatives, which investigates potential wrongful convictions. A spokeswoman for the bar said the punishments for Jackson could range from a reprimand to revoking his law license.

Jackson was the lead prosecutor against Cameron Todd Willingham, whose case has become a flashpoint for death penalty opponents who contend that he was wrongly executed. Jackson, who has consistently denied any wrongdoing, declined to comment Wednesday on the state bar's action. His attorney disputed the accusations.

Willingham maintained his innocence up until being executed in 2004.

"Before, during, and after the 1992 trial, (Jackson) knew of the existence of evidence that tended to negate the guilt of Willingham and failed to disclose that evidence to defense counsel," the bar's four-page complaint says.

The complaint was filed March 5 without any public announcement or fanfare. It was first reported by The Marshall Project, a nonprofit journalism group.

The case has been referred to a family court judge in Houston. Joseph E. Byrne, Jackson's attorney, said he has requested a jury trial.

"We're very confident that when a jury sees this evidence, they will find that John Jackson has not done anything wrong," Byrne said.

A key witness in the case against Willingham was inmate Johnny Webb, who testified that while in jail awaiting trial, Willingham confessed to Webb that he had killed the girls. Webb later recanted that testimony before Willingham was executed.

Jackson has acknowledged working to get Webb out of prison early for his robbery conviction, but said he did so because Webb was receiving death threats from the Aryan Brotherhood due to his testimony.

A house fire in 1991 killed Willingham's daughters: 2-year-old Amber and 1-year-old twins Karmon and Kameron. Fire investigators testifying against Willingham concluded the fire was set intentionally.

But several fire science experts and a state panel have since said that conclusion was wrong and unsupported by evidence. Combined with Webb's recantation, supporters of Willingham have called his execution a wrongful death and have pushed for the state to acknowledge his innocence.

In 2013, another former Texas prosecutor was disbarred after being charged over a wrongful murder conviction that sent an innocent man to prison for nearly 25 years. Ken Anderson had also been accused of misconduct by the state bar and pleaded no contest to a charge of contempt of court. He agreed to a 10-day jail sentence.


-- (c) Associated Press 2015-03-19

[FangFerang]

The prosecutor murdered the man, and should be prosecuted for murder.

[alfalfa19]

The prosecutor murdered the man, and should be prosecuted for murder.

Precisely. Another fatal frame up. Until prosecutors, cops, and witnesses with a secret agenda are held accountable for their bogus testimony, more innocent people will suffer and die in prison. Prosecutors want to improve their stats. Bad cops want to improve their stats, and reduce the heat emanating from unsolved crimes. Bogus witnesses want to get reduced sentences or other favors. I believe that most people in prison belong there. I also believe that there are a lot of innocent people in there too, due to the aforementioned reasons.

[HeijoshinCool]

The prosecutor murdered the man, and should be prosecuted for murder.

.

In fact, there are a number of states in the USA that have the death penalty for just such a thing. Texas is one of them.

If someone presents strong but false evidence, or holds back exculpating evidence in a death penalty case, they can indeed be sentenced to death upon conviction.

[Grouse]

How about dropping the death penalty and trying to behave like a civilised country?

[Suradit69]

"Before, during, and after the 1992 trial, (Jackson) knew of the existence of evidence that tended to negate the guilt of Willingham and failed to disclose that evidence to defense counsel," the bar's four-page complaint says.

One of several compelling reasons to stop executions, especially in places like Texas that seem overly enthusiastic about judicially mandated killing.

A lot of people complain about Thai police and the legal system here, but their complaints are often made in comparison to their childish & naive views of the "stellar" police and judicial systems in their own countries. Corruption, favoritism, incompetence, cronyism and racism are all endemic even in Farang Fantasy Lands like the US and UK. In practice there's very little policing of the police or meaningful judicial oversight in prosecuting cases where the alleged criminal is considered a marginal & insignificant person ... or when some "important" person or business is let off free with a wrist slap despite overwhelming evidence of guilt.

[Grouse]

I think that policing in UK, though certainly imperfect, is substantially better than in US.

The apparently macho fervour for executing people sickens me

[gchurch259]

How about dropping the death penalty and trying to behave like a civilised country?

I would agree if people would quit killing other people, especially in the commission of a crime or because you and your wife or girlfriend have a problem you should not die as well ?

[neverdie]

I think that policing in UK, though certainly imperfect, is substantially better than in US.

The apparently macho fervour for executing people sickens me

What sickens me is going to a crime scene where a woman or child has been brutally raped and murdered by some dirty low life grub that chose not to control his urges.

The state executing these grubs has no effect in me whatsoever. Good riddance.

[humqdpf]

Let's get this straight:

If I do something that leads to the death of another person, I would expect charges and a long prison term, at the very least.

If you are "law enforcement" and do this, they just reprimand you and take away your license to practice.

[eastcanje]

I think that policing in UK, though certainly imperfect, is substantially better than in US.

The apparently macho fervour for executing people sickens me

What sickens me is going to a crime scene where a woman or child has been brutally raped and murdered by some dirty low life grub that chose not to control his urges.

The state executing these grubs has no effect in me whatsoever. Good riddance.

I think you missed the point some other posters made, and which is the topic of the thread: that executions should be banned since many, yes, many innocent people in the U.S. are executed (or imprisoned for lengthy periods) because prosecutors, police, or others hid evidence which showed that they were innocent. Go to The Innocence Project's website and see the hundreds of innocent persons who were convicted, and who were proved innocent through their efforts! Sometimes it takes years for them to get permission to have DNA tests done on evidence in police possession, which would have exonerated the convicted persons!

It might be nice to make a donation to them also , since they take cases free of charge.

[hanno]

In 2013, another former Texas prosecutor was disbarred after being charged over a wrongful murder conviction that sent an innocent man to prison for nearly 25 years. Ken Anderson had also been accused of misconduct by the state bar and pleaded no contest to a charge of contempt of court. He agreed to a 10-day jail jail sentence.

Ten days for sending a man away for 25 years!

[neverdie]

I think that policing in UK, though certainly imperfect, is substantially better than in US.

The apparently macho fervour for executing people sickens me

What sickens me is going to a crime scene where a woman or child has been brutally raped and murdered by some dirty low life grub that chose not to control his urges.

The state executing these grubs has no effect in me whatsoever. Good riddance.

I think you missed the point some other posters made, and which is the topic of the thread: that executions should be banned since many, yes, many innocent people in the U.S. are executed (or imprisoned for lengthy periods) because prosecutors, police, or others hid evidence which showed that they were innocent. Go to The Innocence Project's website and see the hundreds of innocent persons who were convicted, and who were proved innocent through their efforts! Sometimes it takes years for them to get permission to have DNA tests done on evidence in police possession, which would have exonerated the convicted persons!

It might be nice to make a donation to them also , since they take cases free of charge.

Don't let me stop you, go right ahead.

[HerbalEd]

Re. "A spokeswoman for the bar said the punishments for Jackson could range from a reprimand to revoking his law license."

What!?! No ... prosecute him and put him in jail.

[NeverSure]

Re. "A spokeswoman for the bar said the punishments for Jackson could range from a reprimand to revoking his law license."

What!?! No ... prosecute him and put him in jail.

That would be only what the state bar would do as a regulatory action separate from any criminal actions.

[NeverSure]

How about dropping the death penalty and trying to behave like a civilised country?

How about acting live a civilized people and not tolerating other people who commit heinous crimes? How about letting people know that if their behavior is bad enough we'll simply say "goodbye" forever?

[sanuk711]

How about acting live a civilized people and not tolerating other people who commit heinous crimes? How about letting people know that if their behavior is bad enough we'll simply say "goodbye" forever?

Because it's not civilized to execute people--also --more importantly it just doesn't work Neversure...

Why follow countries like North Korea--Pakistan --Nigeria--Oman etc. The last figures in 2012 show that140 countries have done away with the death penalty---even Russia has, (1996) & with the countries that still have the death penalty (Thailand etc) only 22 of those countries have actually carried out the death sentence in the last 10 years. Why aline your self with those countries that you often rant about--Iraq, Iran, Syria etc

What is it you really want neversure, ?? A reduction in the number of murders--or is it just a blood lust for you,

because in your country since most states started to question & move away from the death penalty in the late 70s.early 80s..the national Murder rate has dropped from 10.2 to 4.7...more than half....the drop is led by the states that don't execute people.

http://www.deathpenaltyinfo.org/murder-rates-nationally-and-state

For 2013, the average Murder Rate of Death Penalty states was 4.4, while the average Murder Rate of States without the Death Penalty was 3.4

For 2012, the average Murder Rate of Death Penalty States was 4.7, while the average Murder Rate of States without the Death Penalty was 3.7

For 2011, the average Murder Rate of Death Penalty States was 4.7, while the average Murder Rate of States without the Death Penalty was 3.1

For 2010, the average Murder Rate of Death Penalty States was 4.6, while the average Murder Rate of States without the Death Penalty was 2.9

For 2009, the average Murder Rate of Death Penalty States was 4.9, while the average Murder Rate of States without the Death Penalty was 2.8

For 2008, the average Murder Rate of Death Penalty States was 5.2, while the average Murder Rate of States without the Death Penalty was 3.3