Prior Prison Record: Reportedly sentenced to Boot Camp at Oklahoma State Prison in 1989. Released in 1990.

Summary: Convited in the deaths of his three young children in a house fire. Killed in the house fire at 1213 West 11th Street in Corsicana were Amber Louis Kuyendall, 2, and twins Karmon Diane Willingham, 1, and Kameron Marie Willingham, 1. The deefendant told authorities that the fire started while he and his children were asleep. An investigation, however, revealed that it was intentionally setwith a flammable liquid.

Texas Attorney General Media Advisory

Austin – Texas Attorney General Greg Abbott offers the following information about 35-year-old Cameron Todd Willingham, who is scheduled to be executed after 6 p.m. February 17, 2004. Willingham. a former auto mechanic, was sentenced to death for killing his three young children in the family’s house in Corsicana in December 1991.

FACTS OF THE CRIME

The opinion of the Texas Court of Criminal Appeal summarized the offense as follows:

The evidence provided at the trial showed that on December 23, 1991, Willingham poured a combustible liquid on the floor throughout his home and intentionally set the house on fire, resulting in the death of his three children. According to autopsy reports, Amber, age two, and twins Karmon and Kameron, age 1, died of acute carbon monoxide poisoning as a result of smoke inhalation. Neighbors of Willingham testified that as the house began smoldering, Willingham was “crouched down” in the front yard, and despite the neighbors’ pleas, refused to go into the house in any attempt to rescue the children. An expert witness for the State testified that the floors, front threshold, and front concrete porch were burned, which only occurs when an accelerant has been used to purposely burn these areas. The witness further testified that this igniting of the floors and thresholds is typically employed to impede firemen in their rescue attempts.

The testimony at trial demonstrates that Willingham neither showed remorse for his actions nor grieved the loss of his three children. Willingham’s neighbors testified that when the fire “blew out” the windows, Willingham “hollered about his car” and ran to move it away from the fire to avoid its being damaged. A fire fighter also testified that Willingham was upset that his dart board was burned. One of Willingham’s neighbors testified that the morning following the house fire, Christmas Eve, Willingham and his wife were at the burned house going through the debris while playing music and laughing.

CRIMINAL HISTORY/PUNISHMENT PHASE EVIDENCE

The Texas Court of Criminal Appeals summarized the evidence presented during the punishment phase of Willingham’s trial as follows:

At the punishment phase of trial, testimony was presented that Willingham has a history of violence. He has been convicted of numerous felonies and misdemeanors, both as an adult and as a juvenile, and attempts at various forms of rehabilitation have proven unsuccessful.

The jury also heard evidence of Willingham’s character. Witnesses testified that Willingham was verbally and physically abusive toward his family, and that at one time he beat his pregnant wife in an effort to cause a miscarriage. A friend of Willingham’s testified that Willingham once bragged about brutally killing a dog. In fact, Willingham openly admitted to a fellow inmate that he purposely started this fire to conceal evidence that the children had been abused.

Dr. James Grigson testified for the state at punishment. According to his testimony, Willingham fits the profile of a sociopath whose conduct becomes more violent over time, and who lacks a conscience. Grigson explained that a person with this degree of sociopathy commonly has no regard for other people’s property or for other human beings. He expressed his opinion that an individual demonstrating this type of behavior can not be rehabilitated in any manner, and that such a person certainly poses a continuing threat to society.

PROCEDURAL HISTORY

The Director of the Texas Department of Criminal Justice has lawful and valid custody of Willingham pursuant to a judgment and sentence of the 13th Judicial District Court of Navarro County, Texas. On August 20, 1993, the jury found Willingham guilty of capital murder and, after a separate punishment phase hearing, the trial court imposed a sentence of death.

Willingham’s judgment and sentence were affirmed on direct appeal to the Texas Court of Criminal Appeals and the U.S. Supreme Court denied certiorari review on October 30, 1995. Willingham then filed a state writ of habeas corpus on which the trial court recommended denying relief. The Court of Criminal Appeals denied the writ of habeas corpus on the findings of the trial court. The U.S. Supreme court denied Willingham’s certiorari petition on June 8, 1998.

Willingham filed a federal writ of habeas corpus in the Northern District of Texas, Dallas Division on April 21, 1998. The state filed an answer and motion for summary judgment on July 1, 1998, and filed a supplemental answer on October 15, 1998. On July 25, 2000, the federal magistrate issued findings and conclusions and recommended that relief be denied. Subsequently, the court adopted the magistrate’s findings, granted the state’s motion for summary judgment and denied Willingham’s petition for federal habeas relief.

Willingham subsequently filed an application for a certificate of appealability in the 5th U.S. Circuit Court of Appeals. The application was denied on February 17, 2003. After the appellate court also denied Willingham’s motion for rehearing, he filed a timely petition for writ of certiorari with the Supreme Court on July 21, 2003. The Supreme Court denied his petition for certiorari review on November 3, 2003.

Chicago Tribune

"Cameron Todd Willingham case: Expert says fire for which father was executed was not arson; Texas panel reviewing execution of father for setting deadly blaze," by Steve Mills. (August 25, 2009)

In a withering critique, a nationally known fire scientist has told a state commission on forensics that Texas fire investigators had no basis to rule a deadly house fire was an arson -- a finding that led to the murder conviction and execution of Cameron Todd Willingham.

The finding comes in the first state-sanctioned review of an execution in Texas, home to the country's busiest death chamber. If the commission reaches the same conclusion, it could lead to the first-ever declaration by an official state body that an inmate was wrongly executed.

Indeed, the report concludes there was no evidence to determine that the December 1991 fire was even set, and it leaves open the possibility the blaze that killed three children was an accident and there was no crime at all -- the same findings found in a Chicago Tribune investigation of the case published in December 2004.

Willingham, the father of those children, was executed in February 2004. He protested his innocence to the end.

The Tribune obtained a copy of the review by Craig Beyler, of Hughes Associates Inc., which was conducted for the Texas Forensic Science Commission, created to investigate allegations of forensic error and misconduct. The re-examination of the Willingham case comes as many forensic disciplines face scrutiny for playing a role in wrongful convictions that have been exposed by DNA and other scientific advances.

Among Beyler's key findings: that investigators failed to examine all of the electrical outlets and appliances in the Willinghams' house in the small Texas town of Corsicana, did not consider other potential causes for the fire, came to conclusions that contradicted witnesses at the scene, and wrongly concluded Willingham's injuries could not have been caused as he said they were.

The state fire marshal on the case, Beyler concluded in his report, had "limited understanding" of fire science. The fire marshal "seems to be wholly without any realistic understanding of fires and how fire injuries are created," he wrote.

The marshal's findings, he added, "are nothing more than a collection of personal beliefs that have nothing to do with science-based fire investigation."

Over the past five years, the Willingham case has been reviewed by nine of the nation's top fire scientists -- first for the Tribune, then for the Innocence Project, and now for the commission. All concluded that the original investigators relied on outdated theories and folklore to justify the determination of arson.

The only other evidence of significance against Willingham was another inmate who testified that Willingham had confessed to him. Jailhouse snitches are viewed with skepticism in the justice system, so much so that some jurisdictions have restrictions against their use.

Samuel Bassett, an attorney who is the chairman of the commission, said the panel will seek a response from the state fire marshal and then write its own report.

Contacted Monday, one of Willingham's cousins said she was pleased with the report but was skeptical that state officials would acknowledge Willingham's innocence. "They are definitely going to have to respond to it," said Pat Cox. "But it's difficult for me to believe that the State of Texas or the governor will take responsibility and admit they did in fact wrongfully execute Todd. They'll dance around it."

ProDeathPenalty.com

Cameron Willingham, 36, was sentenced to die for the deaths of his three daughters. The three children -- Amber Louise Kuykendall, 2, and 1-year-old twins Karmon Diane Willingham and Kameron Marie Willingham -- died in a fire at their home on West 11th Street in Corsicana. The fire occurred on Dec. 23, 1991, just before Christmas.

Corsicana fire marshall James Palos was the fire department's chief investigator at the Dec. 23, 1991 fire scene. It's a day he remembers well. "I can remember what I was doing that day, what was going on," Palos said. "I can remember it just like it was yesterday." He said firefighters had been called out earlier in the day to a fire that was also ruled an arson. Palos said there were 11, 1-gallon jugs of gasoline involved in that fire. It was while the fire department was in the mop-up stages of that North 36th Street fire that firefighters got the call to go to the Willingham fire in the 1200 block of West 11th Avenue.

The mood back at the firehouse, after the Willingham fire, was different than most after-action gatherings. "Guys that normally joke around, take things in stride ... well, that day was real solemn," Palos said. "And the word of the fire and children's deaths spread around town real quick." Referring to Willingham's execution day being set, Palos said, "It's been due a long time."

Then 22 years old, Willingham told authorities that the fire started while he and the children were asleep. An investigation revealed that it was intentionally set with a flammable liquid. According to autopsy reports, Amber and twins Karmon and Kameron died of acute carbon monoxide poisoning as a result of smoke inhalation. His claims of heroic effort to save the girls were not borne out by his unscathed escape with little smoke in his lungs. Neighbors of Willingham testified that as the house began smoldering, Willingham was “crouched down” in the front yard, and despite the neighbors’ pleas, refused to go into the house in any attempt to rescue the children. An expert witness for the State testified that the floors, front threshold, and front concrete porch were burned, which only occurs when an accelerant has been used to purposely burn these areas. The witness further testified that this igniting of the floors and thresholds is typically employed to impede firemen in their rescue attempts.

The testimony at trial demonstrates that Willingham neither showed remorse for his actions nor grieved the loss of his three children. Willingham’s neighbors testified that when the fire “blew out” the windows, Willingham “hollered about his car” and ran to move it away from the fire to avoid its being damaged. A firefighter also testified that Willingham was upset that his dart board was burned. One of Willingham’s neighbors testified that the morning following the house fire, Christmas Eve, Willingham and his wife were at the burned house going through the debris while playing music and laughing.

The proceeds of an insurance policy on the girls were later used to buy a pickup truck. Willingham argued that his ex-wife's boyfriend started the blaze, but the jury in his 1992 trial delivered a guilty verdict and the death penalty. At the punishment phase of trial, testimony was presented that Willingham has a history of violence. He has been convicted of numerous felonies and misdemeanors, both as an adult and as a juvenile, and attempts at various forms of rehabilitation have proven unsuccessful. The jury also heard evidence of Willingham’s character. Witnesses testified that Willingham was verbally and physically abusive toward his family, and that at one time he beat his pregnant wife in an effort to cause a miscarriage. A friend of Willingham’s testified that Willingham once bragged about brutally killing a dog.

In fact, Willingham openly admitted to a fellow inmate that he purposely started this fire to conceal evidence that the children had been abused. According to a psychologist for testifying for the state, Willingham fits the profile of a sociopath whose conduct becomes more violent over time, and who lacks a conscience. He explained that a person with this degree of sociopathy commonly has no regard for other people’s property or for other human beings. He expressed his opinion that an individual demonstrating this type of behavior can not be rehabilitated in any manner, and that such a person certainly poses a continuing threat to society.

UPDATE: When firefighters arrived at the burning 5-bedroom house on Corsicana's south side, the man who lived there was outside. Neighbors said they saw Cameron Willingham outdoors even before the blaze engulfed the place, according to testimony at Willingham's trial. "He was engaged in pushing his car out of the way so it wouldn't be scorched by the flames," John Jackson, the prosecutor in the subsequent criminal case, recalled. Inside, Willingham's 3 young children -- 2-year-old Amber, and 1-year-old twins, Karmon Diane and Kameron Marie -- were dying. It was 2 days before Christmas 1991. Willingham was charged with setting the blaze that killed the 3 youngsters, was convicted of capital murder and sentenced to death. His execution was set for Tuesday night.

"In my opinion, Willingham was an utterly sociopathic individual," said Jackson, the former Navarro County district attorney and now a state district judge. "He had a lifestyle that really didn't include care and nurturing of children. And, in my opinion, the children were just an impediment to his lifestyle." Willingham, now 36, insisted in a recent interview on death row he wasn't responsible for his daughters' deaths. "I was the only person at home and that was their way of thinking," he said of the charges against him. The resulting trial was "a joke," he said. "Any man who can look at me in the eye and say the justice system is not a farce is a liar. All they're going to do is kill an innocent man for something he didn't do. The most distressing thing is the state of Texas will kill an innocent man and doesn't care they're making a mistake."

Evidence at his trial showed an accelerant, believed to be charcoal lighter fluid, was used to ignite the floors, a front threshold to the house and on a concrete porch. A fire marshal testified the placement of the accelerant was designed to impede any rescue efforts by firefighters. Willingham suggested a lantern lamp dumped fluid when a shelf collapsed inside the house and caught fire or his oldest daughter, who was "fascinated with everything," accidentally set off the blaze. "Either that or someone came in with the intent to kill me and the children," he said from prison. "The arson investigator was a liar."

"He really just wanted to get rid of them," said Pat Batchelor, who was Navarro County district attorney at the time. "He had a burn on his arm from charcoal lighter fluid." Willingham, a native of Ardmore, Okla., said his wife went out shopping and left him with the children. He was asleep late in the morning when the 2-year-old woke him with her cry for him. He saw smoke, jumped out of bed and told her to get out of the house, he said. Willingham said he tried to get to the twins' room, couldn't get past the flames and ran to get help. His house had no phone. "The only way for me to get back into the house was to jump back into the flames," he said. "I wouldn't do that." Trial testimony showed he expressed no grief over the loss of the children. Neighbors said he "hollered about his car" and a firefighter testified how Willingham was upset over the loss of a dart board.

"I died 12 years ago," Willingham said from death row. "At 11:51 a.m., Dec. 23, 1991. That's when I died." Willingham's wife initially supported him and testified on his behalf at his 1992 trial. But Stacy Kuykendall told the Corsicana Daily Sun earlier this month that after reviewing case and meeting with her former husband in prison recently, she doesn't buy his version of the events that day. "It was hard for me to sit in front of him," she said. "He basically took my life away from me. He took my kids away from me." Willingham had a history of violence and a record of felony and misdemeanor convictions both as an adult and juvenile. Evidence at his trial showed he was abusive to his family and once beat his pregnant wife with a telephone to try to force a miscarriage. In November, the U.S. Supreme Court refused to review his case. The Texas attorney general's office was unaware of any appeals pending. A clemency request was rejected Friday on a 15-0 vote by the Texas Board of Pardons and Paroles.

The DeathHouse.Com

"Convicted killer in Texas executed by lethal injection Tuesday night." (February 17, 2004)

McAlester, Okla. - Cameron Todd Willingham went to the Texas death house just after 6 p.m. for the murder of his three children. Willingham was convicted of setting a fire at his home that killed the children, including one-year-old twins. But before he received the lethal injection, he looked toward his ex-wife and mother of the three children he had killed and said, "I hope you rot in Hell, bitch." The woman was witnessing the execution. Willingham, who claimed he was innocent, was pronounced dead at 6:20 p.m., seven minutes after the lethal dose of chemicals began.

Kills Three Children

The fire that Willingham was convicted of setting occurred two days before Christmas in 1993 in Coricana. Prosecutors charged that Willingham was trying to cover up abuse of the children. Killed were Amber Louis Kuykendall, 2, Karmon Diane Willingham and Kameron Marie Willingham, one-year-old twins. Willingham's case is notable, critics of the death sentence had stated, because of the use of a controversial psychiatrist to predict that Willingham would be a future danger to society - one of the requirements for a death sentence in Texas. The psychiatrist, James Grigson, who testified on future dangerousness in many death penalty cases in Texas, was later expelled from the American Psychiatric Association in 1995. In more than 100 of the 167 cases he testified in, he predicted the defendant would kill gain.

Texas Execution Information Center by David Carson.

Cameron Todd Willingham, 36, was executed by lethal injection on 17 February 2004 in Huntsville, Texas for the murder of his three children.

On 23 December 1991, the Corsicana home of Cameron Willingham burned. Willingham's three children -- 2-year-old Amber Kuykendall and 1-year-old twins Karmon and Kameron Willingham, died of smoke inhalation. Willingham, 36, escaped. Willingham told authorities that the fire started while he and the children were asleep. His wife, Stacy Kuykendall, was not home at the time. An investigation showed that a flammable liquid had been poured throughout the house. Willingham was arrested on 8 January.

At Willingham's trial, the fire marshall testified that the floors, front threshold, and front concrete porch were burned, which only occurs when an accelerant has been used to purposely burn these areas. He further testified that these areas are typically set on fire to impede firefighters in their rescue attempts.

Other testimony showed that Willingham deliberately set the fire to kill his children. Neighbors testified that Willingham came outdoors as the house began smoldering, before flames were visible from the outside. He first pushed his car away to protect it from being burned, then "crouched down" in the front yard. Despite their pleas, Willingham refused to go into the house to attempt to rescue the children, they said. A firefighter testified that Willingham showed no grief over his children's deaths, but became upset upon discovering that his dart board was burned. A neighbor also testified that on the day after the fire, Willingham and his wife were going through the debris while playing music and laughing.

Willingham was convicted of burglary three months before the fire, and was serving a sentence of 6 years' probation. Testimony at his trial indicated that Willingham had a history of violence and family abuse, including an incident where he beat his pregnant wife with a telephone to try to force a miscarriage.

A jury convicted Willingham of capital murder in August 1993 and sentenced him to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence in October 1995. All of his subsequent appeals in state and federal court were denied.

"Dude's a liar," Willingham said in an interview from death row, referring to the fire marshall. He called his conviction "a farce." He suggested that a lantern spilled fluid when a shelf collapsed, and then 2-year-old Amber, who was "fascinated with everything," accidentally started the fire. "Either that, or someone came in with the intent to kill me and the children," he told a reporter.

Willingham said that his wife was out shopping that morning, and he was asleep when Amber woke him. He saw smoke, jumped out of bed, and ordered Amber out of the house. He tried to get to the twins' room, but couldn't get past the flames. He ran outside to get help because the house had no phone. "They were great kids," Willingham said, but "I was a sorry husband - a piece of crap as husbands go ... I was so full of myself and dumb." Stacy Kuykendall initially supported her husband and testified on his behalf at his trial. Recently, however, she told a reporter that she no longer believes his account of the events that killed her children.

"I am an innocent man convicted of a crime I did not commit," Willingham said at his execution. Ha also said, "From God's dust I came and to dust I will return, so the Earth shall become my throne. I gotta go, Road Dog." Next, he expressed love to someone named Gabby, then hurled obscenities at Kuykendall, who was watching from an observation room. Willingham said that he hoped she would "rot in Hell," and attempted to make an obscene gesture with his hand, which was strapped to the gurney. He was pronounced dead at 6:20 p.m.

National Coalition to Abolish the Death Penalty

Cameron Willingham, TX - Feb. 17, 6 PM CST

The state of Texas is scheduled to execute Cameron Willingham, a white man, Feb. 17 for the 1991 murders of his three children Amber, 2, and twins Kameron and Karmon, 1, in Navarro county. The execution is scheduled for 6 p.m. CST. Mr. Willingham was sentenced to death based largely on the testimony of the controversial James Grigson, known as “Dr. Death” because of his tenacious and authoritative belief that seldom can murderers be rehabilitated.

The three girls died in a fire on December 23, 1991. Mr. Willingham stated that the fire started while they were asleep, but the investigation indicated flammable liquid had been ignited. The prosecution claims that Mr. Willingham started the fire in order to conceal evidence that his children had been recently abused.

The courts refused the defense’s request for a change in venue after the district attorney stated on television that “the children were interfering with [Mr. Willington’s] beer drinking and dart throwing.” In the punishment phase of the trial, James Grigson testified that Mr. Willington presented a future danger to the community. His practice of assessing future dangerousness – sometimes without interviewing the subject, resulted in his expulsion from the American Psychiatric Association in 1995. In more than 100 of 167 cases, he testified that the defendant would kill again.

Andrea Keilen, an attorney with Texas Defender Service, said she knew of dozens of former death row inmates whose sentences were reduced for various reasons and who have never been involved in any difficulties though Dr. Grigson testified they should be executed because they would likely commit murder again. In 1988, a report compiled by an assistant district attorney in Dallas concluded that after the study of 11 specific death penalty verdicts — where the defendants' terms had been reduced — not a single one had been other than a model prisoner.

James Grigson also testified in the case of Randall Adams. Mr. Adams was innocent and exonerated in 1989, but was sentenced to death based on Mr. Grigson’s testimony that he was “psychopathic and a degenerate.”

Texas does not offer the option of life without parole. Often, juries are concerned that men and women convicted of brutal crimes will be released from prison, which leads them to impose the death penalty. However, studies have shown that when given the choice juries are more likely to impose the sentence of life without parole. For example, 10 years ago Georgia introduced life without parole. Since then 369 people have been sentenced to life without parole, while death sentencing has dropped from an average 10 per year to four or less.

Texas is one of three states, along with Kansas and New Mexico, that does not offer life without parole. At the same time Texas is the leader in executions, and has been responsible for over one-third of the men and women executed since 1976. Please contact Gov. Perry and urge him to impose a moratorium on executions, endorse legislation to offer Texas defendants the option of life without parole, and commute the death sentence of Cameron Willingham.

Houston Chronicle

"Execution preceded by tirade; Man directs obscenity-laced language at his former wife."

By Michael Graczyk, Associated Press (Feb. 17, 2004, 8:45PM)

HUNTSVILLE -- Spewing profanities at his ex-wife standing a few feet away, an angry former auto mechanic was executed Tuesday evening for the deaths of his three young children in a fire at their home two days before Christmas 12 years ago. "The only statement I want to make is that I am an innocent man convicted of a crime I did not commit," Cameron Willingham said. "I have been persecuted for 12 years for something I did not do." Willingham, 36, said, "From God's dust I came and to dust I will return so the Earth shall become my throne. I gotta go, Road Dog." He expressed love to someone named Gabby and then addressed his ex-wife, Stacy Kuykendall, who was watching about 8 feet away through a window. He told her repeatedly in obscenity-laced language that he hoped she would "rot in hell" and attempted to maneuver his hand, strapped at the wrist, into an obscene gesture.

His former wife showed no reaction to the outburst. She declined to speak to reporters. Willingham was pronounced dead at 6:20 p.m., seven minutes after the lethal dose began flowing through his veins.

Willingham previously acknowledged he was a lousy husband but insisted he wasn't responsible for the blaze in Corsicana that killed his daughters -- 2-year-old Amber and 1-year-old twins Karmon and Kameron. He was the seventh convicted killer executed in Texas this year and the third in seven days.

The U.S. Supreme Court in November refused to review his case and a late appeal Tuesday was rejected by the U.S. Supreme Court. Last week, the Texas Board of Pardons and Paroles voted 15-0 to deny a clemency request.

Fort Worth Star-Telegram

"Texas executes man for killing daughters," by Michael Graczyk. (February 17, 2004)

HUNTSVILLE - Proclaiming his innocence and spewing profanities at his ex-wife standing a few feet away, an angry former auto mechanic was executed Tuesday evening for the deaths of his three young children in a fire at their home two days before Christmas 12 years ago.

"The only statement I want to make is that I am an innocent man convicted of a crime I did not commit," Cameron Willingham said. "I have been persecuted for 12 years for something I did not do." Willingham, 36, said, "From God's dust I came and to dust I will return so the Earth shall become my throne. I gotta go, Road Dog." He expressed love to someone named Gabby and then addressed his ex-wife, Stacy Kuykendall, who was watching about 8 feet away through a window. He told her repeatedly in obscenity-laced language that he hoped she would "rot in hell" and attempted to maneuver his hand, strapped at the wrist, into an obscene gesture.

His former wife showed no reaction to the outburst. She declined to speak to reporters. Willingham was pronounced dead at 6:20 p.m., seven minutes after the lethal dose began flowing through his veins.

Willingham previously acknowledged he was a lousy husband but insisted he wasn't responsible for the blaze in Corsicana that killed his daughters -- 2-year-old Amber and 1-year-old twins Karmon and Kameron. He was the seventh convicted killer executed in Texas this year and the third in seven days.

The U.S. Supreme Court in November refused to review his case and a late appeal Tuesday was rejected by the U.S. Supreme Court. Last week, the Texas Board of Pardons and Paroles voted 15-0 to deny a clemency request. "I can't think of a more horrible case," said Pat Batchelor, who was district attorney in Navarro County when Willingham was the lone survivor of the blaze Dec. 23, 1991. "All you had to do was see the pictures of little babies. "Anybody that can do that, you just think: My God, what kind of sadistic monster is this?"

When firefighters arrived at the burning five-bedroom house on Corsicana's south side, Willingham was outside. At his trial, neighbors said he was outdoors even before flames engulfed the place and was concerned about his car getting scorched. Prosecutors contended he just wanted to get rid of the children. Evidence at his trial showed an accelerant, believed to be charcoal lighter fluid, was used to ignite the floors, a front threshold to the house and on a concrete porch. A fire marshal testified the placement of the accelerant was designed to impede any rescue efforts by firefighters.

"Dude's a liar," Willingham said in a recent interview on death row. "It's all a farce ... They just didn't want to pursue what really happened." Willingham suggested a lantern lamp dumped fluid when a shelf collapsed inside the house and caught fire or his oldest daughter, who was "fascinated with everything," accidentally set off the blaze. "Either that or someone came in with the intent to kill me and the children," he said.

Willingham, a native of Ardmore, Okla., said his wife went out shopping and left him with the children. He was asleep late in the morning when the 2-year-old woke him with her cry for him. He saw smoke, jumped out of bed and told her to get out of the house, he said. Willingham said he tried to get to the twins' room, couldn't get past the flames and ran to get help. His house had no phone.

Trial testimony showed he expressed no grief over the loss of the children. Willingham, who did not testify in his own defense, disputed the comments. "They were great kids," he said.

Willingham, a 10th grade dropout, had a history of violence and a record of felony and misdemeanor convictions both as an adult and juvenile. He said he got hooked on inhalants as a young teenager and was in and out of treatment centers beginning at age 14. He also spent time at a boot camp in Oklahoma. Evidence at his trial showed he was abusive to his family and once beat his pregnant wife with a telephone to try to force a miscarriage. "I was a sorry husband, a piece of crap as husbands go," he acknowledged from death row. "I was so full of myself and so dumb."

Willingham's wife initially supported him and testified on his behalf at his 1992 trial. But Kuykendall told the Corsicana Daily Sun earlier this month that after reviewing case and meeting with her former husband in prison recently, she doesn't buy his version of the events that day. "It was hard for me to sit in front of him," she said. "He basically took my life away from me. He took my kids away from me."

Corsicana Daily Sun

"Willingham date set: Execution of child killer set for Feb. 17," by Loyd Cook. (December 30, 2003)

If actions taken in a Navarro County Courtroom Monday stand, Cameron Todd Willingham knows exactly when he will die. Willingham, convicted in August 1992 of the 1991 capital murders of his three children, saw his execution date set at Feb. 17 -- some 50 days from today.

Navarro County District Attorney Steve Keathley requested the setting of an execution date during a hearing presided over by Judge Bob McGregor of Hillsboro. "The appeals have run their course and the conviction and sentence have been upheld," Keathley said. "The State of Texas requests that this court set an execution date." Normally, District Judge John Jackson would have presided over such a hearing. But Jackson had recused himself, citing his ties with the Willingham case. Jackson was the lead prosecutor for the district attorney's office in the Willingham case 12 years ago, securing the death penalty.

Willingham was arrested and charged in the deaths on Jan. 8, 1992, according to records on the Texas Department of Criminal Justice Web site. The three children -- Amber Louise Kuykendall, 2, and 1-year-old twins Karmon Diane Willingham and Kameron Marie Willingham -- died in a fire at their home in the 1200 block of West 11th Street in Corsicana. The fire occurred on Dec. 23, 1991, just before Christmas.

On Monday, Willingham was accompanied by his appellate lawyer, Walter Reaves of Waco, and his attorney from the 1992 Navarro County trial, Rob Dunn of Corsicana. Keathley said that Reaves asked Judge McGregor to delay setting an execution date, citing ongoing litigation concerning the constitutionality of using the "death by lethal injection" method. Reaves asked that the court wait to set an execution date until after the U.S. Supreme Court issued a decision on lethal injection issues that are being raised. Judge McGregor denied Reaves' request, set the execution date for Feb. 17, and ordered Willingham returned to the Texas Department of Criminal Justice to await the carrying out of his sentence.

The hearing was carried out under a heavy police presence, Keathley said, with members of the Navarro County Sheriff's Office and the Corsicana Police Department present for security purposes. The 1991 trial was carried out under similar conditions, although for that event law enforcement officials searched spectators before entrance and limited access to only one of the two sets of double-doors leading into the courtroom.

Corsicana fire marshall James Palos was the fire department's chief investigator at the Dec. 23, 1991 fire scene. It's a day he remembers well. "I can remember what I was doing that day, what was going on," Palos said Monday. "I can remember it just like it was yesterday." He said firefighters had been called out earlier in the day to a fire on North 36th Street, a fire that was also ruled an arson. Palos said there were 11, 1-gallon jugs of gasoline involved in that fire. It was while the fire department was in the mop-up stages of that North 36th Street fire that firefighters got the call to go to the Willingham fire in the 1200 block of West 11th Avenue. The mood back at the firehouse, after the Willingham fire, was different than most after-action gatherings. "Guys that normally joke around, take things in stride ... well, that day was real solemn," Palos said. "And the word (of the fire and children's deaths) spread around town real quick." He said he had no problem with Monday's proceedings. "It's been due a long time," Palos said.

Monday's setting of an execution date for Willingham was the first such proceeding in the district court since October 2001 when Gary Sterling, convicted for the May 1988 capital murder of a 72-year-old Navarro County man, was given a death date in early December 2001. Sterling was granted a stay of execution in November 2001. He remains on death row.

Keathley said he believes that won't happen for Willingham. He referred to a document from the U.S. Supreme Court that issued a denial of the latest request for a delay. That document was dated Nov. 3 of this year. "There's nothing in stone, especially when you're talking about the intricacies of the death penalty and the constitutionality issues associated with it," Keathley said. "However, I'd predict that this sentence would be carried out ... unless some unforeseen constitutionality issue comes up."

San Antonio Express-News

"Father who killed 3 is executed," by Michael Graczyk. (Associated Press 02/18/2004 12:00 AM)

HUNTSVILLE — Spewing profanities at his ex-wife standing a few feet away, an angry former auto mechanic was executed Tuesday evening for the deaths of his three young children in a fire at their home two days before Christmas 12 years ago.

"The only statement I want to make is that I am an innocent man convicted of a crime I did not commit," Cameron Willingham said. "I have been persecuted for 12 years for something I did not do." Willingham, 36, said, "From God's dust I came, and to dust I will return, so the earth shall become my throne. I gotta go, Road Dog." He expressed love to someone named Gabby and then addressed his ex-wife, Stacy Kuykendall, who was watching about eight feet away through a window. He told her repeatedly in obscenity-laced language that he hoped she would "rot in hell," and he attempted to maneuver his hand, strapped at the wrist, into an obscene gesture.

His former wife showed no reaction to the outburst. She declined to speak to reporters. Willingham was pronounced dead at 6:20 p.m., seven minutes after the lethal drugs began flowing through his veins.

Willingham had acknowledged he was a lousy husband but insisted he wasn't responsible for the blaze in Corsicana that killed his daughters — 2-year-old Amber and 1-year-old twins Karmon and Kameron. He was the seventh convicted killer executed in Texas this year and the third in seven days. The U.S. Supreme Court in November refused to review his case, and a late appeal Tuesday was rejected by the same court. Last week, the Texas Board of Pardons and Paroles voted 15-0 to deny a clemency request.

"I can't think of a more horrible case," said Pat Batchelor, who was district attorney in Navarro County when Willingham was the lone survivor of the blaze Dec. 23, 1991. "All you had to do was see the pictures of little babies." When firefighters arrived at the burning five-bedroom house on Corsicana's south side, Willingham was outside. At his trial, neighbors said he was outdoors even before flames engulfed the place and was concerned about his car getting scorched. Prosecutors contended he just wanted to get rid of the children.

Evidence at his trial showed an accelerant, believed to be charcoal lighter fluid, was used to ignite the floors and a front threshold to the house. A fire marshal testified the placement of the accelerant was designed to impede any rescue efforts by firefighters. Willingham suggested a lantern lamp dumped fluid when a shelf collapsed inside the house and caught fire or that his oldest daughter, who was "fascinated with everything," accidentally set off the blaze.

Dalls Morning News

"Man put to death for fire; He curses ex-wife, says he did not kill their children in blaze."

(Associated Press 08:34 PM CST on Tuesday, February 17, 2004)

HUNTSVILLE, Texas – Spewing profanities at his ex-wife standing a few feet away, a former auto mechanic was executed Tuesday evening for the deaths of his three young children in a fire at their home two days before Christmas 12 years ago.

"The only statement I want to make is that I am an innocent man convicted of a crime I did not commit," Cameron Willingham said. "I have been persecuted for 12 years for something I did not do." Mr. Willingham, 36, said, "From God's dust I came and to dust I will return, so the Earth shall become my throne. I gotta go, road dog." He expressed love to someone named Gabby and then addressed his ex-wife, Stacy Kuykendall, who was watching about 8 feet away through a window. He told her repeatedly in obscenity-laced language that he hoped she would "rot in hell" and attempted to maneuver his hand, strapped at the wrist, into an obscene gesture.

His former wife showed no reaction to the outburst. She declined to speak to reporters. Mr. Willingham was pronounced dead at 6:20 p.m., seven minutes after the lethal dose began flowing through his veins.

He previously acknowledged he was a bad husband but insisted he wasn't responsible for the blaze in Corsicana that killed his daughters – 2-year-old Amber and 1-year-old twins Karmon and Kameron.

Willingham v. State, 897 S.W.2d 351(Tex.Cr.App. 1995). (Direct Appeal)

Defendant was convicted of capital murder by murdering more than one person during same criminal transaction after jury trial in the 13th Judicial District Court, Navarro County, Kenneth A. Douglas, J. Defendant appealed, and the Court of Criminal Appeals, White, J., held that: (1) jury could find that defendant would commit criminal acts of violence that would constitute continuing threat to society; (2) trial court properly denied defendant's motion for change of venue; (3) trial court properly refused to admit evidence offered by defense to impeach testimony of witness for state; and (4) trial court properly refused to charge jury on effect of parole in punishment phase. Affirmed. Clinton, J., filed opinion concurring in the result in which Maloney, J., joined and Baird, J., joined in part.

WHITE, Judge.
Appellant Cameron Todd Willingham was convicted on August 21, 1992 of capital murder by murdering more than one person during the same criminal transaction. Tex. Penal Code Ann. § 19.03(a)(6)(A). Two special issues were submitted to the jury under Tex.Code Crim. Proc. Ann. art. 37.071 § 2(b)(1) and § 2(e) and following the jury's verdict of guilty, the trial court sentenced appellant to death. Direct appeal to this Court is automatic. Tex.Code Crim.Proc.Ann. art. 37.071 § 2(h). We will affirm.

Appellant brings four points of error for this Court to review. In point of error number one, appellant contends the trial court erred in refusing to grant his Motion for Change of Venue, in light of inflammatory statements made by the Navarro County District Attorney. Appellant asserts in his second point of error that the trial court erred in refusing to admit evidence offered by the defense to impeach the testimony of a witness for the State. In his third point of error, appellant maintains the trial court erred in its charge to the jury during the punishment phase of the trial by failing to instruct the jury on the effect of parole, as parole would qualify as a "mitigating circumstance" under the facts of this case. Appellant contends, in point of error number four, that the evidence is insufficient to support the jury's answers to the special issues submitted in the punishment phase of the trial, particularly: (a) that the evidence is insufficient to support the finding that appellant is a continuing threat to society, and (b) that the evidence is insufficient to support a finding that mitigating circumstances would not warrant a life sentence. Appellant does not challenge the sufficiency of the evidence to support his conviction; therefore, the facts of the offense will be discussed only in reference to the error alleged in point of error number four.

Appellant contends in his fourth point of error that the evidence is insufficient to support the jury's answers to the special issues submitted in the punishment phase of the trial. Although appellant does not argue that the evidence was insufficient to support his conviction for capital murder, a review of the facts and other evidence underlying his conviction is necessary, as this is the information which the jury considered when answering the special issues in the punishment phase of the trial. James v. State, 772 S.W.2d 84, 88 (Tex.Cr.App.1989), 493 U.S. 885, 110 S.Ct. 225, 107 L.Ed.2d 178 (vacated and remanded on other issue); James v. State, 805 S.W.2d 415 (Tex.Cr.App.1990) (on remand); cert. denied, 501 U.S. 1259, 111 S.Ct. 2915, 115 L.Ed.2d 1078 (1991).

The evidence adduced at trial was that on December 23, 1991, appellant poured a combustible liquid on the floor throughout his home and intentionally set the house on fire, resulting in the death of his three children. Amber, age two, and twins Karmon and Kameron, age 1, died of acute carbon monoxide poisoning as a result of smoke inhalation, according to autopsy reports. Neighbors of appellant testified that as the house began smouldering, appellant was "crouched down" in the front yard, and despite the neighbors' pleas, refused to go into the house in any attempt to rescue the children. An expert witness for the State testified that the floors, front threshold, and front concrete porch were burned, which only occurs when an accelerant has been used to purposely burn these areas. This witness further testified that this igniting of the floors and thresholds is typically employed to impede firemen in their rescue attempts.

The testimony at trial demonstrates that appellant neither showed remorse for his actions nor grieved the loss of his three children. Appellant's neighbors testified that when the fire "blew out" the windows, appellant "hollered about his car" and ran to move it away from the fire to avoid its being damaged. A fire fighter also testified that appellant was upset that his dart board was burned. One of appellant's neighbors testified that the morning following the house *355 fire, Christmas Eve, appellant and his wife were at the burned house going through the debris while playing music and laughing. At the punishment phase of trial, testimony was presented that appellant has a history of violence. He has been convicted of numerous felonies and misdemeanors, both as an adult and as a juvenile, and attempts at various forms of rehabilitation have proven unsuccessful.

Maria Tassie Malowney, an Assistant District Attorney for Carter County, Oklahoma, listed the felonies and misdemeanors with which appellant has been charged and/or convicted. She explained that the synopsis of the juvenile offenses cannot be released, but that appellant has been involved in criminal activity since he was fifteen or sixteen years of age. Malowney testified that the felonies of which appellant was convicted are as follows:

1) May 1986: Second Degree Burglary Punishment: probation, placed in a Nonviolent Intermediate Offender Act

2) April 1987: Grand Larceny Punishment: two years probation and 60 days in the county jail

Additionally, misdemeanors for which appellant was convicted are as follows:

1) April 1986: Carrying a Concealed Weapon and Public Intoxication Punishment: 4 days in the county jail and ordered to pay fine and costs

2) May 1986: Entering a Building with Unlawful Intent and Contributing to the Delinquency of a Minor (supplying paint for sniffing to a twelve-year- old child) Punishment: ordered to pay restitution, 15 days in the county jail and six months probation, running concurrently

3) November 1986: Two counts of Contributing to the Delinquency of a Minor (supplying paint to a twelve-year-old child and an eleven-year-old child) Punishment: 60 days in the county jail

4) November 1988: Driving Under the Influence of Liquor and/or Drugs (substance was paint) Punishment: One year probation on the condition he check himself into an in-patient rehabilitation program for paint abuse.

5) February 1989: Shoplifting Punishment: Probation orders from April 1987 Grand Larceny conviction and November 1988 DUI conviction vacated, sent to a special boot camp program, then given a two year sentence with all but 74 days suspended on the condition he 1) complete a substance abuse treatment program, 2) attend at least one AA or NA meeting per week, and 3) take part in a urinalysis every week and a half.

The jury also heard evidence of appellant's character. Witnesses testified that appellant was verbally and physically abusive toward his family, and that at one time he beat his pregnant wife in an effort to cause a miscarriage. A friend of appellant's testified that appellant once bragged about brutally killing a dog. In fact, appellant openly admitted to a fellow inmate that he purposely started this fire to conceal evidence that the children had recently been abused. Dr. James Grigson testified for the State at punishment. According to his testimony, appellant fits the profile of an extremely severe sociopath whose conduct becomes more violent over time, and who lacks a conscience as to his behavior. Grigson explained that a person with this degree of sociopathy commonly has no regard for other people's property or for other human beings. He expressed his opinion that an individual demonstrating this type of behavior can not be rehabilitated in any manner, and that such a person certainly poses a continuing threat to society.

* * *

The judgment and sentence of the trial court are affirmed.

Willingham v. Johnson, (N.D.Tex. 2001). (Not Reported) (Habeas).

LINDSAY, J.
After making an independent review of the pleadings; files and records in this case; the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, filed July 25, 2000; and Petitioner's Objections to Findings, Conclusions, and Recommendation of the United States Magistrate Judge ("Petitioner's Objections"), filed August 4, 2000; the court concludes that the findings and conclusions of the United States Magistrate Judge are correct, and they are therefore accepted as those of the court. Petitioner's Objections are overruled.

Petitioner made objections regarding the Magistrate Judge's findings that Petitioner did not have the right to represent himself on appeal; that no conflict of interest existed between Petitioner and his appellate counsel; that Petitioner's appellate counsel was effective, although he (counsel) chose not to raise as grounds for appeal that: 1) the trial court struck two venirewomen for cause, 2) the trial court limited Petitioner's voir dire questions, 3) the trial court allegedly failed to follow proper jury selection procedures, 4) the trial court admitted hearsay testimony, 5) a state expert was permitted to give opinion testimony, and 6) a defense witness was allegedly improperly impeached. Petitioner further objected to the Magistrate Judge's findings that evidence admitted during the punishment phase of Petitioner's trial did not violate the Eighth and Fourteenth Amendments, that Texas's appellate review of death penalty convictions is constitutional, and that Petitioner was not entitled to a jury instruction on parole.

Upon de novo review of the Magistrate Judge's findings and conclusions to which these objections pertain, it is fairly apparent that the objections regarding self-representation on appeal, the alleged conflict of interest, jury selection procedures, the expert's opinion testimony, the defense witness's impeachment, evidence admitted during the punishment phase of trial, Texas's death penalty appellate review, and the lack of a jury instruction on parole are without merit and should be overruled without further discussion.

The objections regarding whether Petitioner's appellate counsel was ineffective when he did not appeal the trial court's disqualification of the venirewomen, the limitations placed on Petitioner's voir dire questions, and the admission of hearsay testimony appear, at first blush, to have possible merit; however, a more detailed analysis reveals that they also lack merit.

* * *

Petitioner has failed to make a substantial showing of the denial of a federal right. The state court adjudication on the merits neither resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, nor resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. Petitioner's petition for a writ of habeas corpus should be DENIED.