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sos6sasces 14 NAVARRO CO DIST. CLER 02:32:11 pm, 08-24-2010 2155erm, No. 00-00-24467-cr SHE STATE OF TEXAS + INTHE 190m guozezaL, prstRzcr vs. : oF CAMERON TODD WILLINGHAM + —=—“NAVARRO COUNTY, ‘TEXAS STATEMENT OF PACTS vous xrr1 of AB voLunes ournt-1NNOcENCE PHASE OF TRIAL ON THE MERITS (MORNING OF THIRD DAY) (ARGUMENTS OF COUNSEL, DELIBERATIONS AND VERDICT) sence COPY Mr. John H. Jackson and Mr. Alan J. Bristol First Assistant District Attorney Assistant District Attorney Navarro County, Texas Navarro County, Texas 300 W. Third Avenue, 2nd Floor 300 W. Third Ave., 2nd Fir. Corsicana, Texas 75110 Corsicana, Texas 75110 For the State of Texas; Mr, David H. Martin Mr. Robert C. Dunn Attorney at Law and Attorney at Law DAWSON, SODD, MOR & MARTIN 115 W. Collin Street 800 Ferris Avenue, Suite 200 Corsicana, Texas 75110 Waxahachie, Texas 75165 For the Defendant. On the morning of the 20th day of August, 1992, the above and entitled cause came on to be heard for trial in the said Court, Honorable Kenneth A. "Buck" Douglas. Bide Presiding, and the following proceadings werg, had, tect, Banat noy os 1992 so3ssaz0e8 4 NAVARRO Co DIST. CLER 02:32:22 pm. 08-24-2010 355m, L CAPTION PAGE-: DEFENSE'S MOTION FOR INSTRUCTED VERDICT (denied) DEPENSE'S OBJECTION TO THE COURT'S CHARGE (overruled) - THE COURT READS THE COURT'S CHARGE TO THE JURY- STATE'S OPENING ARGUMENT(by Mr. Jackson) DEFENSE'S ARGUMENT (by Mr. Martin) ~ STATE'S CLOSING ARGUMENT (by Mr. Jackson) DEFENSE ATTORNEY OBJECTS TO STATE'S BIBLE DISPLAYED------ 31 STATE RESUMES MAKING CLOSING ARGUMENT (by Mr. Jackson) JURY BEGIN DELIBERATIONS. JURY VERDICT. JURY PANSL POLLED- LUNCH RECESS; AFTERNOON PROCEEDINGS (8/20/92) IN VOL. XIV- 52 REPORTER'S CERTIFICATE- Ede J. Swain, Official Court Reporter, 13th District Court 02:52:23 pm. 08-24-2010 45S 9036543088 NAVARRO CO DIST. CLER 1 1 THE COURT: B111, bring the panel in. ~~ 2 MR. DUNN: May I, Your Honor? 3 THE COURT: No; no; excuse me. 4 BPENSE'S MOTION FOR INSTRU RDI 5 THE COURT: Okay; do you have a Motion that you 6 | care to be heard on? 7 MR. DUNN: Your Honor, I have a Motion before the @ | Court for an Instructed Verdict instructing this jury to find 9 20 THE COURT: Excuse ne: un MR. DUNN: --not guilty. 12 THE COURT: --excuse me just a minute. : 13 Bill, that's fine, That will be fine. No; you're fine . 14 | right where you are. That's fine. 1s MR. DUNN: The Motion, Your Honor, is based on 16 | the evidence that's submitted to this Court; and it is evident a7 in my opinion that the State has not proved a prima facie case 18 case and that this jury should be instructed to find the 19 | defendant not guilty. 20 THE COURT: ‘That Motion for an Instructed Verdict at is denied. 22 MR. DUNN: Your Honor, we also have several 23 objections—— 24 THE COURT: I understand. - 25 MR. DUNN: --to the charge. i 2 Bde J. Swain, Official Court Reporter, 13th District Court 9036543088 NAVARRO CO DIST. CLER 10 a 12 13 14 15 16 17 18 19 20 a1 a2 23 2a 25 02:32:38 pm. 08-24-2010 DEFENSE'S OBJECTIONS TO THE COURT'S CHARGE MR. DUNN: We have been furnished a copy of the Charge that ie, I understand, the Court's charge. arate charges on the offense of We have asked for murder, which we believe has been brought before this Court in evidence, and a Charge should be given on each -- an offens: of murder on each of the three individual victins. We ask that the Court also include a separate Charge on the offense of arson, which is a First Degree Felony. And we also ask the Court for a Charge on impeachment of witnesses, which we have submitted in separate requests to the Court. and We also object, Your Honor, to paragraphs thr four because they are multifarious in nature and this -~ because of the confusing presentation in the Charge, they misplace the burden of proof and remove it to the defendant. Which we will file our objections. ed -- the defendant's THE COURT: The requ requested Charges are denied. MR. DUNN: Note our exception, Your Honor. HE COURT: The Charge -- the objection to the Court's Charge is overruled. okay? Now bring the panel in, Bill. (The jury entered the courtroom and the following proceedings were had:) THE COURT: The jury panel is back in place. Bde J. Swain, Official Court Reporter, 13th District Court soassazce 1 NAVARRO CO DIST. CLER 02:32:48 p.m, 08-24-2010 10 at 12 13 14 15 16 47 18 19 20 an 22 23 24 And I am going to now read the Court's Charge to the jury. URT_READS CHARGE TO 1 Members of the jury, the defendant, Cameron Todd Willingham, stands charged by Indictment with the offense of capital murder, alleged to have been committed in Navarro County, Texas, on the 23rd day of December 1991. To this charge the defendant has pleaded not guilty. You are instructed that you will consider only the guilt or innocence of the defendant from the evidence admitted before you and from the law as given to you in this Charge by the court. You are instructed that the law applicable to this case that a person conmits the 4s as follows: Our law provid offense of murder if he intentionally or knowingly cau the -- the death of an individual. A person commits the offense of capital murder if he commits murder as defined above and he murders more than one person during the same criminal transaction. ‘A person acts intentionally or with intent with respect to a result of his conduct when it is his conscious objective or desire to cause the result. “Individual” means a human being who has been born and is alive. A person is criminally responsible for causing a result if the only difference between what actually occurred and whet he desired, 6155 Bde J. Swain, Official court Reporter, 13th District Court 9036543008 NAVARRO CO DIST. CLER 02:32:58 p.m. 08-24-2010 7158 77, 1 1 | contemplated, or risked is that a different person or property | . 2 | wae injured, harmed or otherwise affected. j 3 Now bearing in mind the foregoing instructions, if you 1 | 4 | fina from the evidence beyond a reasonable doubt that on or | 5 | about the 23rd day of December 1991, in Navarro County, Texa 6 alleged in the Indictment, the defendant, Cameron Todd 7 | wi1lingham, did then and there intentionally murder more than 8 | one person during the same criminal transaction, to wit: ‘The 9 | said cameron Todd Willingham did intentionally cause the death 10 | of an individual, Rarmon Willingham, by starting a fire within 31 | a habitation occupied by the said Karmon Willingham, and the 12 | said Cameron Todd Willingham did then and there intentionally 13 | cause the death of an individual, Kameron Willingham, by - 14 | starting a fire within a habitation occupied by the said 15 | Karen -- Kameron Willingham, with the express intent to cause 16 | the death of the said Rameron Willingham, and the said Caneron 17 | Todd Willingham did then and there intentionally cause the 18 | death of an individual, Anber Kuykendall, by starting a fire 19 | within a habitation occupied by the said Amber Kuykendall, 20 | with the express intent to cause the death of the said Anber 21 | Kuykendall, you will find the defendant guiity of capital 22 | murder. a3 Unless you so find beyond a reasonable doubt or if you 24 | have s reasonable doubt thereof, you will find the defendant i - 25 | not guilty of capital murder. If you find the defendant, 5 Bde J. Swain, Official Court Reporter, 13th District Court 9036543088 NAVARRO CODDIST.CLER 02:33:09 pm, 08-24-2010 10 un 12 13 1a 1s 16 a7 18 19 20 21 2a 23 24 25 8155 Cameron Todd Willingham, guilty of the offense of capital murder according to the foregoing paragraphs, you're instructed to disregard paragraph four which addresses Count 2 of the Indictment which deals with the alleged murder of the first two individuals named above only. If you find the defendant, Cameron Todd Will -- Willingham, not guilty of the murder of three individuals a: alleged above, you ahall proceed to consider whether the defendant is guilty of capital murder as alleged in Count 2 of the Indictment, as set out in the following paragraph. Now bearing in mind the foregoing instructions, if you jonable doubt that on or find from the evidence beyond a rei about the 23rd day of December 1991, in Navarro County, Texas, in Count 2 of the Indictment, the as alleged in the defendant, Cameron Todd Willingham, did then and there intentionally murder more than one person during the criminal transaction, to wit: The said Cameron Todd Willingham did intentionally cause the death of an individual, Kermon Willingham, by starting fire within a habitation occupied by the said Karmon Willingham, with the express intent to cause the death of the said Karmon Willingham, and the said Cameron Todd Willingham did then and there the death of an individual, Kameron intentionally cai Willingham, by starting a fire within a habitation occupied by the said Kameron Willingham, with the express intent to caus. Ede J. Swain, Official Court Reporter, 13th District Court so36s43088 NAVARRO CO DIST. CLER 02:33:20 p.m. 10 aa 12 13 1 15 16 uw 18 as 20 2a 22 23 24 25 the death of the said Kameron Willingham, you will find the defendant guilty of capital murder. Unless you so find beyond @ reasonable doubt or if you have a reasonable doubt thereof, you will find the defendant c: not guilty of capital murder. Our law provides that a defendant may testify in his on Af he elects so to do. This, however, is a behalf if elect privilege accorded the defendant; and in the event he elects not to testify, that fact cannot be taken as a circumstance against him. In this case the defendant hes elected not to testify, and you are instructed that you cannot and must not refer or elude to that fact throughout your deliberations or take it into consideration for any purpose whatsoever as a circumstance against him. A Grand Jury Indictment is the means whereby a defendant is brought to trial in a felony prosecution. It is not evidence of guilt, nor can it be considered by you in ing upon the question of guilt of the defendant. Pt The burden of proof in all criminal cases rests upon the State throughout the trial and never shifts to the defendant. All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that a tad, confined or indicted for or Person has been arr: Bde J. Swain, Official Court Reporter, 13th District Court 08-24-2010 9155-— s036saz088 NAVARRO CO DIST. CLER 02:33:29 pm, 10 an 12 13 14 15 16 417 18 19 20 21 22 23 24 28 gives rise to no inference otherwise charged with the offen: of guilt at his trial. The law does not require a defendant to prove the innocence or produce any evidence at all. ‘The presumption of innocence alone is sufficient to acquit the defendant unl sonable doubt of the the jurors are satisfied beyond a r. defendant's guilt after careful and impartial consideration of all of the evidence in the case. ‘The prosecution has the burden of proving the defendant ch and every elenent of guilty, and it must do so by proving the offense charged beyond a reasonable doubt. And if it fails to do so, you must acquit the defendant. It is not required that the prosecution prove guilt beyond all possible doubt. It is re -~ it is required that the prosecution's proof excludes all reasonable doubt concerning the defendant's guilt. A reasonable doubt is a ba -~ doubt based on reason and common sense after a careful and impartial consideration of all the evidence in the case. It is the kind of doubt that would make a reasonable person hesitate to act in the most important of his own affairs. Proof beyond a reasonable doubt, therefore, must be proof of such a convincing character that you would be -~ be willing to rely and act upon it without hesitation in the most important of your own affairs. jonable doubt as to the In the event you have a r Ede J. Swain, Official Court Reporter, 13th District Court 08-24-2010 10 /55— 9036543088 10 aa a2 13 146 15 16 17 18 19 20 2a 22 23 NAVARRO CO DIST. CLER 02:33:38 pm. 08-24-2010 ass defendant's guilt after considering all the evidence before instructions, you will acquit him and say by you and thi your verdict “not guilty." You are the exclusive judges of the facts proved, of the credibility of the witnesses and the weight to be given their testimony. But the law you shall receive in these written instructions and you must be governed thereby. After you retire to the jury room you should select one of your members as your foreman, It is the foreman's duty to preside at your deliberations, vote with you and when you have unanimously agreed upon a verdict, to certify to your verdict by using the appropriate form attached hereto and signing the same as foreman. No one has any authority to communicate with you except During your deliberations the officer who has you in charge. in this case you must not consider, discuss, nor relate any matters not in evidence before you. You should not consider nor mention any personal knowledge or information you may have about any fact or person connected with this case which is not shown by the evidence. After you have retired you may communicate with this Court in writing through the officer who has you in charge Do not attempt to talk to the officer who has you in charge or the attorneys or the Court or anyone else concerning any question you may have. Ede J. Swain, Official Court Reporter, 13th Diatrict Court 9036543088 | _—__ NAVARRO CODDIST.CLER 02:38:50pm, 08-24-2010 rm. 08-24 1255 | ] 2 1 After you have reached a unanimous verdict, the foreman e 2 | will certity thereto by filling in the appropriate torn 3 | attached to this charge and signing the same as foreman. 4 THE COURT: Does the State cere to be heard? 5 MR. JACKSON: Yes, Your Honor; the State will 6 | choose to open and clos: 7 THE sir, 8 MR. JACKSON: --Argunents. 9 Forty-five minutes to a side; okay? 20 NR. MARTIN: Yes, Your Honor. 11 THE COURT: Okay. a2 MR. JACKSON: May it please the Court. 13 STATE'S OPENING ARGUMENT - 14 | By NR. JACKSON: 15 Members of the jury, I want to thank you very much for 16 | your service in this case. > 17 I think all of you understend that jury duty can be @ 18 | tough job; it can be an onerous job. You understood that, 7 19 | think, before we went through the jury selection process. I 20 | think 011 of us here let you know that it would be a tough job a1 | and you would have tough decisions to make. I think you 22 | understand how tough those decisions are right now. 23 IT want you -- each one of you to be sure that the State 24 | of Texas and the District Attorney's Office appreciates your - 25 service as jurors in this case. And I think I speak for 10 9036542088 NAVARRO CO DIST. CLER 02:34:00 pm. 08-24-2010 13/58 10 un 12 13 14 15 16 17 18 19 20 an 22 23 25 defense counsel and the Court by thanking you for your service and letting you know how important a service you do; because, a2 we told you before, you are the judges of as you told us ~: the facts in this case. You are the folks who have to listen to the evidence and sort out the fact from the fiction. Now members of the jury, we've reached that stage of trial known variously as the "Arguments" or "Summations Lawyers generally call this stage of trial “Argument part of trial." I don't think it's really an argument; I'm not going to stand up here and argue with anybody unless I have to. It's really a summation. The attorneys try to sum up and pick out those aspects of the evidence that we believe are what I'11 be 8. And that’ important to our respective c: attempting to do; and I'm sure that's what Mr. Martin will be attempting to do in this case. I want you to fully understand, though, members of the jury, what the attorneys say is not evidence. The only evidence that you are authorized to consider in this case well as these exhibit: comes from that witness stand, that have been photographs, documents and other articli admitted into evidence by the Court. I want you to fully understand that. I want you to understand that the State has the right to open and close Arguments because the State has the burden of proof in thi We both have an identical amount of c an Bde J. Swain, Official Court Reporter, 13th District court s036s¢3088 1 NAVARRO CO DIST. CLER 02:34:10pm. 08-24-2010 1405s 10 an 12 13 14 15 16 a7 18 19 20 at 22 23 24 time to argue to the jury, but my Argument will be split up. I'11 -- my Summation to you will be brief in my opening here. It will be passed to Mr. Martin, he will make his Summation, then I will speak to you in closing, and only to respond and comment to the remarks that he may have made. I want you to fully understand that. And I think I want you to understand something e: you already understand it, but I want to remind you of it. a -- as a juror to do You know, when you take that oath your duty according to the law and the evidence, that doesn't mean you have to throw your common sense out the window, menbers of the jury. We expect you to use your common sen! We expect you to use your life experience. We expect you to 8 in arriving at your verdict use the same thought proces! that you do in all your important decisions. I want you to keep that in mind. I want you, as you listen to the evidence -- excuse me. listen to the Arguments of counsel, T want you to think about e- As you listen to what an the evidence in the c attorney -- an attorney says in his Summation, I want you to ask yourself: Is that statement supported by the evidence? I Is that what I heard in this case? want you to ask yourself: I want you to test that Argument, that Summation, in light of the evidence that you heard. I believe if you do that, you'll arrive at the proper verdict in this case. I'll complete ny 12 Ede J. Swain, Official Court Reporter, 13th District Court so36sasose NAVARRO CO DIST. CLER 02:34:20pm. 08-24-2010 15/55 3 1 opening; I'll give the floor to Mr. Martin. I'll speak to you . 2 | once again. 3 ‘hank you. 4 THE COURT: Mr. Martin. 5 MR. MARTIN: ‘Thank you, Your Honor. 6 DEFENSE'S ARGUMENT 7 | sy oR. marin: 8 May it please the Court and ladies and gentlemen of the 9 | gury. 10 A pivotal point; your decision that you make after you a retire to the jury room will either irrevocably commit Todd 12 Willingham to life in prison or death by injection, or by a 13 verdict of not guilty, his return from wherever he came and - 1é back down whatever road of life he was on before this. It is 15 the most important decision that has ever been made in his 16 | life. and Tiwant us to examina, if I may, the origins of your 17 responsibility, to emphasize to the best of my ability what it 1s | is that the Law requires you to do. 19 And we can trace what we're doing here back 4,000 20 years, ladies and gentlemen, in our culture to the time of the 21 law of Mos And I want to begin by looking at how it 22 | originated and where we are now and what this Court is a3 charging you to do. We often hear of the Biblical principle, 24 an eye for an eye and a tooth for a tooth. What we do not 4 25 | hear so much, though, ie what the process was before that cane 43 Eda J. Swain, Official Court Reporter, i3th District Court 9036543088 ' NAVARRO CO DIST.CLER 02:38:30pm. 08-24-2010 16155 10 un 12 13 14 15 16 a7 18 19 20 a 22 23 24 25 the to be ® consideration. What inquiry was made? What w responsibility of the finders of fact? Moses said, in the book of Deuteronomy, that, “The accusation should be told and when “thou hast thee," -- that is, told to the judg heard of it and inquired diligently." ‘That word in the Hebrew means to make well-lit. After you have lit the subject up and shined light a11 around on it so that no part was hidden from you. ‘Then, "Behold if it be true and the thing certain" -- if it was proved certainly -- "that such abomination is wrought in Israel, then thou shalt bring forth that man or that woman which hath committed that wicked thing, unto thy gates" ~~ where the people are, just as we are here; in front of all of the people, the accused was brought -~ “even that man or that woman, and shall stone them with stones till they die. At the " -- always at least two witnesses were mouth of two witn ye three witnesses, shall he that is worthy of required - death be put to death, but at the mouth of one witness he shall not be put to death. The hands of the witnesses shall be first put upon him.” That was the original safeguard. It was the hands of the witnesses who were first put upon hin because God, recognizing that man can make mistakes -- unlike, for example, the witness, Mr. Vasquez, who has never erred, feguard God recognizes that we can make mistakes. So every was instituted in the procedure before it became an eye for and eye; the witnesses put their hands on him first. We have ae Bde J. Swain, Official Court Reporter, i3th District Court 9036543088 NAVARRO CO DIST. CLER 02:38:21 pm. 08-24-2010, 17158 a changed the process somewhat, but not too much over 4,000 a years. We still bring the person who is accused before the 3 Judge and we bring him to the gates of the city before all of 4a the people, but now it is not the witnesses that put their 5 hands on him. Now we have instituted a system where the jury 6 reaches the conclusion. But it is based on the same thing. 7 Tt is what comes out of the mouth of the witnesses upon which 8 you must base your decision, But the law is, as the Judge has 9 read to you in the Charge’, that your conclusion must be such 10 that you would act without hesitation in your own affairs. No an longer do the witnesses first lay their hands on the accused 12 and cast the firet stone, but that same personal application 13 4s transferred now to the jury. What would you do in our own 14 affairs? Has the State proved to you to that degree of 15 certainty that you would act without hesitation? If they have 16 not, they have not carried the onerous burden that the law a7 places on then. Without hesitation. That's what the law 18 requires. 19 Now, ladies and gentlemen, the ultimate question is 20 guilt or innocence, but you decide that based upon the aa presence or the absence of a reasonable doubt in this case. 22 Have the accusers so convinced you that you can act without 23 any hesitation? 24 Let me review, if I may, what we know. 25 to you with a theory based upon circumstanc: 15 Bde J. Swain, Official Court Reporter, i3th District Court 02:34:52 pm. 08-24-2010 18/55en s036scsce8 NAVARRO CO DIST. CLER ps 4 1 | their burden to convince you beyond any reasonable doubt of | . 2 | the most unreasonable of circumstances. That a father would 3 | murder his children. An act utterly foreign to the mind of 4 | atmost anybody in the world. That is where the State begins, 5 | ladies and gentlemen, with the most unreasonable of 6 | conciusions; and they have the responsibility and the burden 7 | to convince you that the most unreasonable of things has 8 | happened. wave they done so? What do we know? 9 We know this: There was a fire in the home and that 10 | three children died. That is not disputed. We know that 11 | cameron Todd Willingham was in the home and he lived. We know 12 | that the back door was blocked because there were two 13 | refrigerators in the kitchen. But may I remind you of why we - 14 | know that? We know that, not because the Prosecution brought 15 | it out, though they could have; we know that because the back 16 | of the picture that shows the two refrigerators is marked 17 | “Defendant's Exhibit." And as you look through the 1e | photographs that 1 will refer to, you will notice that every 19 | one of them is marked “Defendant's Exhibit." Though the state 20 | knew, though the Prosecution was aware and their own witness 21 | took these pictures, it wasn't brought out until the Defens 22 | Cross Examination. why is that? Because it is the nature of 23 | people with a burden to want to lay it down at sonebody else's 24 | feet. The Prosecution begins the case and they carry this od 25 | burden only so far and then they run into an obstacle 16 Bde J. Swain, Official Court Reporter, 13th District Court ©2:35:03pm. 08-24-2010 19/550 so3esesce8 NAVARRO CO Ds. cLER | ‘ 1 | photograph, a fact, a piece of evidence--that doesn't match . 2 | their theory; and so they don't bring it to you. They take 3 | their burden off and they lay it at the feet of the jury and 4 | they say, "Just carry this for me over this obstacle, it you s | wiaa;* ana they want you to assume and to jump to conclusions, 6 Mr. Vasquez does. "Ignore the things that don't fit the 7 | theory, ladies and gentlemen; carry your burden forth,” they 8 | say to you. Don't let then do it. That is not the law. : Why didn't Mr. Vasquez tell us there were two 10 | refrigerators in the house? When he testified initially, he 22 | wanted to leave you with the distinct impression that a 12 | refrigerator had been pushed in front of the back door to 13. | block escape. zt is not so; it is not the truth. ‘The truth . 14 | 4s that there were two refrigerators in the house, that we had . 15 | eo point it out. 16 We know that the northeast bedroom burned and we know a7 | that the hallway burned. We know because a witness said -- 1s | any o'sh that there was an oil lamp in the hallway -- an 19 | of2 1amp in the hallway, with oil in it. Dut aid the 20 | Prosecution point that out? Did Mr. Vasquez, as he went 21 | through this house, examine the hallway for containers that 22 | could have had a combustible liquid in it? Remenber what he a3 4d when we pointed out to him the photograph that showed the 24 | iamp on the floor? ‘This one here. He said, "I never looked - 25 | at 4t; I never paid any attention to it." He didn't look at a7 Bde J. Swain, Official Court Reporter, i3th District court so3ssascee NAVARRO CO DIST.CLER 10 1 12 13 15 16 17 18 19 20 22 a2 23 24 25 it didn't fit in with it or pay any attention to it becau his theory. They take their burden off and they lay it at your feet and say, “Just carry it for us now over this other obstacle, if you will. Assume with us, jump to this conclusion with us, will you, ladies and gentlemen?" they aak you. Why doesn't the arson investigator look through the house for containers that would have had a combustible liquid in them? Because it doesn't fit with his theory. The man has investigated 2,000 fires, ladies and gentlemen. And I hope that it caught your notice, as it did mine, when he was asked, "Were they all arson?" Remember what he said? “No; a few weren't." Every fire he investigates is arson; every occupant a criminal, Can that be so? Can a man not make a mistake in 25 years? Do we trust the opinion of a person who will not acknowledge that it is possible for him to make a mistake? Wwe know he didn't look at this. The fire was telling him a story. But, ladies and gentlemen, as it told hin the story, « that thie significant chapter was omitted. again, you'll picture is marked "Defense Exhibit.” The State had it; the Prosecution knew about it, but it was left up to us to introduce the photograph of the barbeque grill on the front porch. And where is the grill? The grill is between the windows and the front door. front door. Where do you keep the charcoal lighter fluid at your house? I keep mine by the charcoal grill. Now, after a 18 Court Reporter, 13th District Court Bde J. Swain, Officia 02:35:13pm, 08-24-2010 20/55— 036543008 NAVARRO CO DIST.CLER 10 an 12 23 14 as 16 17 18 19 20 ai 23 24 25 dozen firemen and three or four hoses have been on the porch and a fire waa fought for we don't know how long, the charcoal lighter container wound up down on the end of the porch. But look at those pictures of where it was found. The wall above it is not burned up, and I would say that most probably -- and you come to your own conclusion -- but I would say that most probably the charcoal lighter fluid started out where the charcoal grill was on the front porch; that the heat melted en that charcoal lighter the plastic container. and we've fluid will run across a surface, even in the presence of an open flame, The charcoal lighter fluid container melts, the charcoal lighter fluid comes out of it and it runs to the and that's why it's on the porch, at the bottom of the hous wood. But as this fire was telling Mr. Vasquez this story, this entire chapter was omitted. He finds an accelerant on the front of the house at the threshhold--the carchoal lighter fluid--but he doesn't know anything about a charcoal grill being out there. And so, just like in those other 2,000 fires, he he says, "Hot; an arsonist; an arsonist is at foot here because we found accelerant on the outside of the house." And so then he begins his investigation, like those 2,000 ethers, looking for that arsonist. Kicks over the oil lamp in the hallway, no doubt, has it shoveled out, and begins to look to confirm his own suspicion Now, we had other fire investigators testify, Doug Fogg 19 Bde J. Swain, Official Court Reporter, 13th District Court 02:35:23 pm. 08-24-2010 21/5Sem, 9036543088 t NAVARRO CO DIST. CLER 02:35:34 pm. 08-24-2010 22185 10 at 12 13 14 15 16 17 18 19 20 aa 22 23 24 2s and Mr. Palos. ‘They are from Corsicana. They are with the Fire Department here. They investigate fires all the tine, and that is the fire marshal‘'s job. That's what he does. Hr. Fogg -- Chief Fogg looked at it. He testified, "The patterns in the floor can be made by falling debris, burning glue on the tile." The floor was covered with flammable substances. Glue under the tile and tar paper under that. Mr. Fogg testified similar patterns can be made like that, to make you think there was an accelerant on the floor. Mr. Palos said jonable doubt the same thing, Do those gentlemen have a r about this case? They most certainly do. They doubted it a with the very much. So they called in Mr. Vasquez. Office, ‘The Prosecution carries their State Fire Marshal burden a little further, But the witnesses here have a doubt, so, they, again, they lay it at your feet, "Jump to a conclusion with us, ladies and gentlemen of the jury." But they bring Mr. Vasquez in while they're doubting. He seized the evidence of charcoal lighter fluid on the front porch and it's arson, He admitted that it could have been caused by other things. Now, Mr. Palos testified that he took a dozen wood, tile--from the nost samples of material-- carpet, glai “the hallway, the northeast suspicious places in the hous: bedroon--the most suspicious places. Mr. Vasquez testified the room was saturated with a combustible liquid. The hallway was saturated with a combustible liquid. They sent them to 20 Ede J. Swain, Official court Reporter, i3th District court 9036543088 NAVARRO CO DIST. CLER 02:35:45 p.m, 08-24-2010 23155 6 1 the lab and what did they find? Nothing, not a trace of we 2 anything at all except on the very front of the front porch 3 where the charcoal lighter fluid we Now, Mr. Vasquez says, a “put it all burns up; we didn't find it because it all burned 5 up." Well, it didn't all burn up on the front porch, and he's 6 not a chemist. And he's never conducted a test like that. 7 But the scientist, Dr. Armstrong, didn't say anything like 8 that at all. What he testified to was, "We conduct scientific 9 experiments on it; we collect the minutest of fumes from the 210 substance; and we checked all of this to the greatest of our a scientific ability and there wasn't any." There was none at 32 all. 13 I'@ suspect Mr. Vasquez's testimony. Not the least - 14 veason is this: The man would not agree with me that it is 15 colder in December than it is in August. He would not do so 16 because he is right; he is never ever wrong. Do you remember a7 when I showed him the picture of the hinge on the front door? 18 You remember he described one of the signs of arson in this 19 case ig that the front door was completely gone. "Mr. 20 Vasquez, was it open or closed? Was it open? Was it inside an the burning hallway?" “I don‘t know." "Well, let's look at 22 the pictures of the hinges; they're open; aren't they?" 23 “Well, I can't see; I can't tell; this is taken from an 2 angle." It is obvious he took the picture from the front - 2s door. ‘The hinges are obviously swung open, but he won't admit a1 Ede J, Swain, Official Court Reporter, 13th District court s036sa3088 NAVARRO CO DIST. CLER 02:35:56 p.m. 10 aa 12 33 4 15 16 17 18 19 20 an 22 a3 24 25 ‘ake the burden it because it doesn't jive with his theory. off, ladies and gentlemen, and lay it at your feet; carry it for the State. Assume with us; jump to conclusions like we what they ask you to do in this case. All of do." That this burned debris in the hallway and the person charged with the investigation, Mr. Vasquez, didn't even take time to rake through it with his toe and look at it, What would have happened if he had just gone over there and looked around and found an oi1 lamp, a broken oi] lamp on the floor? He would have said, “I wonder if it contained ofl; I wonder if this is what burned up the house?" He didn't even look at it, just we have # pictur like the charcoal grill. We know, becaus that the bedroom floor was covered at one time with all of this burned debris. ‘There was burning debris on the floor, without question. Every one of the fire investigators said, and the book -- we read out of the book, the investigator's a that investigators have book -~ and Mr. Vasquez agri testified in court, unequivocally, that there was puddle atterns on the floor when there really wasn't. They wer caused by something else. Think of the wear on your carpet at ‘This house is 50 years old and home, ladies and gentl has been continuously lived in, as far as we know, for that length of time. Where is the most heavily-traveled portion of where people cone the home? It's in the front hallway; that in the door; everybody who comes in the house, unless they go 22 Bde J. Swain, Official Court Reporter, 13th District court 08-24-2010 24/55 02:36:06p.m. 08-24-2010 2515S, 9036523008 NAVARRO Co DIST. cLER + 6 1 | to the back door, comes through the front door. What does the we 2 | carpet look 1ike in front of your front door? It is worn down 3 | where people walk in an irregular pattern. It is thinner than 4 everywhere else. Where is the second host heavily-traveled 5 | portion in the home? rt is in the living room. It is where 6 | the children were sleeping and using as their bedroom--the 7 | front room, the living room of the home. Walked on for 50 8 | years by we don't know how many people. All of the fire 9 | 4nvestigators said that those areas would burn through quicker 10 | and hotter than anywhere else and it can leave a pattern as if 31 | an accelerant had been poured on there, And the investigator 12 | must be very careful to determine whether that is so. Were 13 | they careful here? Fire Marshal Palos took 12 samples; not a . 14 | single trace of a combustible liquid from any one of then. He 15 | doubts; he doubts. 16 According to the witnesses that we heard, Todd told 17 | them that he awoke to his daughter's cries; that the room wa: 18 | filled or f121ing with smoke and that he put his pants on and 19 caped down the hall, out the front door. Even Mr. Vasquez 20 told us that he believes the bedroom caught fire first and at that there was e period of time during which the bedroom wai 22 | burning but the hallway was not. Todd escapes to the front , 23 | porch to catch his breath. ‘The smoke in the room, even when 24 | the fire was put out, has not blackened the sheets. rt hi - 25 | not reached that level. And while he was in the room the [_ » Bde J. Swain, Official Court Reporter, 13th District Court s036s4z08 NAVARRO CO DIST. CLER 02:36:17 pm. 08-24-2010 10 an 12 13 14 as 16 17 18 19 20 a 22 23 26 25 26158 smoke was above him. We can tell that from the photographs and what the fire investigators say happens in a house that's on fire. But when he goes out through the front door, the hallway catches fire. And Mr. Vasquez told us he thought the hallway w arately, but he admitted, "Yes, the fire in toa What happened the bedroom could catch the hallway on fire. when we dropped a match on the combustible liquid on the tile? t Tt went out. We can see, I think, that it takes a gr degree of heat and fire to set it on fire, if there is anything on it. And it would particularly be so if there wi nothing on it. And then the first witness with the (undecipherable) to see Todd on the front porch, Buffie Barbee and Diane Barbet and what is he doing? He is on the front porch next to the burning house; and what does he tell the lady? He screams at her that his children are in the house; "Call 911." He asked the her to go call the Fire Department and the police becau: es who ran up to the house was burning. None of the witn house at any time thought it was safe for them to go in and try to rescue the children. I don't know what happens to you, on fire. 1 to your mental state, when you awake to a hou! have never been there. I have no idea what the reaction is. We know that carbon monoxide poisoning progressively caus es told us that. He greater mental confusion. And witn breaks out the front window with a pool cue to try to gain 24 Bde J. Swain, Official Court Reporter, 13th District Court 9036543088 NAVARRO CO DIST, CLER 02:36:27 pm. 08-24-2010 27155: 10 aa 12 13 14 15 16 17 1s 19 20 22 22 23 26 25 The entry; met with flames. Nobody can get in the hous. firemen can only get in the house after they put water on it and put on air packs. And then sometime during the fire remember, no witness saw flames on the front porch until just before the fire trucks got there. While the house was burning, the heat melts the plastic container with the charcoal lighter fluid and it runs against the house and ¢ it catches on fire, then the witnesses see the fire on the it until just before the front porch. But they didn't fire trucks got there. He com to Now, Mr. Webb, the State's first witne: us as a trustee in his white suit, having the run of the jail; having privileges; being able to go outside and to cone inside; being able to take medication for a mental illness and still have the run of the jail. 1 wondered to myself when I heard him say that he was convicted of aggravated robbery, sentenced to 15 years in the penitentiary. And T looked in the book to see what is it that you do? What do you have to do to be sentenced for aggravated robbery? And I find thet the law says you commit that offense if you cause serious bodily injury to another person while you're robbing them or that you use or exhibit a deadly weapon. And then I looked in the file, Mr. Webb's file; what did he plead guilty to? He pled guilty to robbing » lady with a knife and threatening to will hy An aggravated robber, sentenced to 15 years in the 25 Bde J. Swain, Official Court Reporter, 13th District Court 9036543088 NAVARRO Co DIST. CLER 02:36:38 pm. 08-24-2010 10 uw 12 13 14 15 16 a7 18 19 20 an 22 23 28155 the run of the jail. Mr. McNally, penitentiary, and he hi who's in there on a check charge, is locked up day and night. But Mr. Webb, who is gaining nothing from his statement, an aggravated robber, goes and cones pretty much as he pleat He 1s an informant. His stock and trade he has privileg is information fed to the police to maintain his privilege because, otherwise, he will be down there in TDC chopping weeds out of the cotton field with the other aggravated xobbers instead of in an air-conditioned building, with privileg So Mr. Webb would have us believe that he goes to the cell of a man whom he does not know, surrounded by glass, underneath the police intercom, within earshot -- and we don't never even know how many people -- and this guy that he sa triple murder to him. How shook hands with conf incredible. What are the odds of that happening? Zero. Is a auch a crime to somebody he person who did it going te conf. + where everybody can hear doesn't know, surrounded by gli him, with the police intercom right above him? How unlikely. But why would Mr. Webb tell us a lie? He's # mental patient. He is on medication for his mental problema. He is a convicted felon who can't even remember robbing a lady at knifepoint and threatening to kill her while he took her purse. But the Prosecution wants you to believe him anywa} no matter how incredible or unlikely. “Take the burden, ladies and gentlemen; carry it for us just a little ways.” 26 Bde J. Swain, Official court Reporter, i3th District Court so36sasces 20 1a 12 13 14 15 16 a7 18 19 20 an 22 23 24 25 NAVARRO CO DIST. CLER 02:36:49 pm. 08-24-2010 “assume with us" -- assume with us -- “that Mr. Webb is truthful, in spite of all that." Mr. Webb can come to the cell of any person and write out a statement and say, “This man told me that he killed President Kennedy,” and sign it and file it and nothing happens to him for his lie because the people he lies about are all locked up, but he has the run of the jail. He's privileged. He threatens to kill women and steal their purse, but he's @ trustee because he provides information; he must have it; he's got to have information on somebody about something, to keep from being locked up day and night. The Prosecution wants you to convict Todd based in part on no in. Mee evidence. The most incredible thing I have ever Webb has his statement, "Well, the Willinghams killed one of the children before the fire was set." And that's why they asked the doctors, “Well, now Dr. Zamora’ MR, JACKSON: TI believe I'm going to have to ttatement of the evidence, as far a: object to that as a mij the defendant killed or the wife killed one of the children, Your Honor. I don't believe that's what the evidence showed. THE COURT: I sustain the objection. (BY MR. MARTIN:) Whatever he said. He said they were rendered unconscious or But you can recall it for something; I don't remembe 27 Bde J. Swain, Official Court Reporter, 13th District Court 29155 9036543008 1 NAVARRO CO DIST.CLER 10 a 12 13 14 45 16 a7 18 19 20 aa 22 23 24 25 —— ell, yourself. And so the Prosecution asked these doctors now, doctor, you can't tell whether the person was conscious or unconscious before they died; can you?" “Well, no, I can't.” “Well, there is no evidence, Doctor, that they were unconscious; is there?" "No; there is no evidence of that. ‘The State wants you to carry their burden, ladies and gentlemen; there is no evidence of it whatsoever. But @isregard that; carry the burden for then. Carl Jones. The last witness. You saw what respect ber him and solemnity Mr. Jones had. If you will rei yesterday, with the beard and the T-shirt, who came up here and very flippantly took the oath and jumped in the chair and said, “Yeah, Todd told me him and Stacy switched urine id and then he is gone. So What? That's all he samples I locked at the records. The records ere in evidence. The are the notes that the 5 -- th record shows that at 1 doctor testified were the records right out of the hospital -~ “at 17:15" -- 5:15 -- “on the day of the 23rd, the urine what it specimen was collected from Todd Willingham." Tha says. And the nurse described it; she looked at it. And then, ladies and gentlemen, almost an hour later after that reflects in her notes that the wife arrives in the the nur: room. The man is a lier. He hears a rumor in the community; people talk; and he comes up here and testifies to it because he doesn't have to lay his hands on Todd and kill him or send 28 Bde 3. Swain, Official Court Reporter, 13th District Court 02:36:59 pm. 08-24-2010 30/55 9036543088 NAVARRO CO DIST.CLER 02:37:10pm, 08-24-2010 mm 08-26 3185 8 1 him to the pen. He jumps up here and gives his testimony, e 2 like Webb, and then he leaves and whatever happens in the 3 aftermath is not his concern. The hospital records reflect 4 that what he said is not so. 5 Now, ladies and gentlemen, when I conclude, I can't get 6 back up and respond to anything. This is the last opportunity 7 that I have to talk to you before you retire back there to ) 8 reach your verdict. The question is, based only on what the 9 State produced--theix evidence--can you, without hesitation ~~ 10 if it were your own affair, the law says -- without ua hesitation vote guilty? If you cannot do so without 12 hesitation, like the witnesses in Moses’ law, you cannot vote 13 guilty, because that is the law and that is the standard. And . 14 if it is not strictly adhered to in every case, then we'd 15 lose; then it‘s neaningle: ‘Then the machinery of the State 16 can convict anybody on less than a reasonable doubt. Hold 17 them to the standard. If you cannot vote guilty without 18 hesitation as if it were your own affair, the law and our 19 system of justice direct a finding of not guilty. 20 And we leave it to you. a1 THE COURT: Mr. Jackson. 22 MR. JACKSON: Nay it please the Court? 23 THE COURT: Yes, sir. 26 MR. MARTIN: May we approach the bench? - 25 TRE COURT: Yes, sir. 29 Ede 3. Swain, Official court Reporter, 13th District Court sos6saso8s ‘ 10 a 12 13 14 15 16 17 18 1s 20 ar 22 23 2a 25 NAVARRO CO DIST. CLER 02:37:20pm, 08-24-2010 32/55 (The following discussion was had at the bench and outside the hearing of the jury:) MR. MARTIN: I don't know what this burned sack of clothing is doing on the counsel table, but it was not offered or admitted into evidence, and we request that it be taken outside the view of the jury. MR. JACKSON: I am not going to elude to it piece of evidence. MR. MARTIN: It's setting on the table. THE COURT: Well, why don't you put it down underneath the chair? (The following was within the hearing of all:) MR, JACKSON: May I proceed, Your Honor? THE COURT: Yes, sir. STATE'S CLOSING BY MR. JACKSON: Menbers of the jury, the first thing I'd like to do is to respond to some of the remarke that Mr. Martin has made in his Closing Argument. And I want you to consider some of the things that he said in light of the evidence that you heard in this case. T want you to think about some of the things he a and the evidence said based on the testimony and the witne: you saw and heard and examined in this cai THE COURT: Excuse me just a minute. Let me talk 02:37:30pm. 08-24-2010 33 55mm 036543088 NAVARRO CO DIST. LER 2 (The following discussion was had at the - bench and outside the hearing of the jury:) 3 ‘ THE COURT: What's the purpose for the clothes at 5 | the counsel table? 6 MR. JACKSON: t's not clothes; it's a -- it's a 7 Bible. Mr. Martin used a Bible in his Closing Argument; and I 8 | intend to use one in min ° THE COURT: Well, if that's what it is, you can 10 J and use it. 1 MR. MARTIN: But that isn't John's Bible; that's , 12 somebody else's Bible. That's a burned Bible out of the 13 house. And that's not evidence, and we object to it being ~ a4 used. 1s MR. JACKSON: I'm not going to suggest that it's 16 | out of the house. 17 MR. MARTIN: Well, I don’t think you'd have to. 18 We object to that as highly improper. 19 THE COURT: What did you say, Mr. Martin? 20 MR. MARTIN: Whatever it is, it's not in 21 | evidence; and it's out of the house; and we haven't seen it. 22 THE COURT: But you used one 23 MR. MARTIN: But it wasn't out of the house. 24 John can use my Bible. - 25 THE COURT: Do you want to use it? ‘ a. Bde J. Swain, Official Court Reporter, 13th District Court 02:37:38 p.m. 08-24-2010 34/55 sosessts NAVARRO CO DST. cLER 9 a MR. JACKSON: No; 1'11 use mine. e a THE COURT: Let's proceed, gentlemen. 3 (Atter which the following was within the hearing of al1:) ‘ 8 | (ay mR, gackson:) 6 | 1 want you to consider sone things with me, menbers of the 7 | jury, sone things that are important to me about this ca 8 | Adght of the things that Mr. Martin told you. 9 He talked about the Bible. He talked about two 10 | witnesses. He talked about laying hands on a defendant. And 11 | 1 guess he wants us to go back to some aysten of justice that 12 | people used 4,000 years ago. Maybe that's what he's 13 | suggesting that we do. Maybe he's suggesting that, if we - 14 | don't have an eyewitness to the crime, then you get to get 15 | away with it. Maybe that's what he ds suggesting to you, 16 | members of the jury. I'll suggest that's what Mr. Martin aia, 17 | but that's not the way the law reads in the state of Texas. 18 | gust because nobody sees you pour the lighter fluid on the 19 | floor of your children's room and set it ablaze, that's not a 20 | reason for aman to walk out of this courtroom today a free 21 | man. and I want you to think about that. 22 Mr. Martin talked to you about refrigerators. well, 23. | members of the jury, I don't know what significance the 24 | refrig -- what the significance of refrigerators is -- two - 25 | refrigerators; refrigerators blocking the door, except for one 32 Ede J. Swain, Official court Reporter, 13th District Court 036543088 NAVARRO Co DIST. CLER 02:37:48 p.m, 08-24-2010 35/55-— 9 1 thing that I think you'll remember: It points out that the ~ 2 statement Mr. -- Mr. Willingham made to Mrs. Barbee is false. a Do you remember what he told her? “I ran out the back of the 4 house." Something is wrong here, members of the jury. 5 Something is wrong; and I want you think about that. That's 6 the significance of the refrigerator blocking the back door. 7 And I want you to consider that. a Mr. Martin talked about Manuel Vasquez, the arson 9 investigator. And I might add I -~ I believe him to be a very 10 respectable witness. I want you to think about the testimony un of Manuel Vasquez in light of what Mr. Martin said in this 12 case, “He hardly ever finds arson." And I think you will 13 remember that's not the testimony in the case. His testinony - 14 was that many fires he investigates are arson. But I also 15 want you to remenber that he's never called to a fire unless 16 there is a question of arson to begin with, He's the expert; 47 he's the man that's brought in to make a final determination 18 of what happened; that he can read those fires like a book. 19 And every mark is a page in that book to Manuel Vasquez. And 20 I want you to think about that. I guess what Mr. Martin is a1 trying to do -- I know what Mr. Martin is trying to do; he's a2 trying to discredit all -- discredit all witnesses in this 23 case. You know very well what would have happened had not Mr. 24 Vasquez been here, Mr. Martin would have been up in front of - 25 | you saying, "Golly, gee, they didn't bring you a real expert;" 33 : Ede J. Swain, Official Court Reporter, 13th District Court soassazcee NAVARRO CO DIST. CLER ——— 10 aa 12 13 16 15 16 a7 38 19 20 an 22 23 24 25 "they wanted to rely on the local folke, and they are just not qualified to do this." That's what the argument would have been had Mr. Vasquez not have been here. And I want you to think about that. Members of the jury, David Martin tells you we, the State, want you to carry the burden. We don‘t want you to |. The burden is on the State to carry the burden in this cai prove its case to you. What we want you to do, members of the jury, is put the pieces together. And I think, if you you can see how the pieces consider the evidence in thie ci fit together. You know, Mr. Martin's case consisted, basically, of parlor tricks, with trays and carpet and lighter fluid. That's not what the State's case consisted of. It was real evidence, members of the jury. And I will go through it with exactly what the you ina little while so that you can s State's case consisted of. Not that I have to tell you; you vemember what the State's case is. I think perhaps most offensive to me about this case, members of the jury, is the defendant is still trying to put the blame on the children. Mr. Martin is trying to shift the blane from his client, r-old girl whos Cameron Todd Willingham, to a little two-y. photographs you saw. And I want you to think about thet. You know, you told me you would use your common sense. You told me you would follow your own feelings and experiences in this 34 Bde J. Swain, Official Court Reporter, 13th District Court 02:37:59 p.m. 08-24-2010 36)/55— sos6saso8s [NAVARRO CO DIST. CLER 62:38:09 p.m. 08-24-2010 37155 9 1 | case, and x want you to think about what Mr. Martin and . 2 | cameron Todd Willingham want you to believe. They want you to 3. | believe that this little two-year-old girl somehow got out of 4 | ner room, over the child's gate, rambled around through the s | house, found « lamp, wont back over the child's gate, into the 6 | abies! rooms, sprinkled it on the floor in this distinctive 7 | cross-type pattern, came out of the room, into the hall, 8 | spread it in the hall; somehow got back in, sst fire to the 9 | floor in the babies! room, came back out, set fire to the 10 | fioor in the hall, went out on the porch, poured it and set it * 11 | on -- in some order. And then he wants you to believe, 12 mbers of the jury -- I want you to think about this ~~ he 13 | wants you to believe that that bottle of lighter fluid got . 14 | meitea by the fire, the fluid inside ran down the porch, 15 | somehow jumped across that crack between the concrete porch 16 | and the threshold and ran up into the threshold. Think about 17 | that. Does that make sense? Is that reasonable? You ha 18 | the photographs before you, members of the jury, and you can 1s | take them into the jury room and you can ask yourself how that 20 | Lighter fluid runs down to this concrete porch, Jumps the 21 | crack and goes up into that threshold. 1 want you to think 22 | about that as you consider your verdict in this case. Think 23 | mbout that. ‘Think about how it makes sense. Think about how 24 | the fluid in that threshold is not lamp fluid at all. A - 25 petroleum distillate, a kerosene base. It's lighter fluid; 35 Ede J. Swain, Official Court Reporter, 13th District court 9036543088 10 NAVARRO CO DIST. CLER 02:38:20 pm. 08-24-2010 38/55 10 aw 12 13 16 1s 16 17 18 19 20 a1 22 23 24 25 it's not lamp ofl. It doesn’t make sense, members of the jury. Think about that as you consider the verdict in this Mr. Martin talked to you about Cameron Todd Willingham's conduct; and he said, "Gee, I don't really know what he did and maybe he doesn't know what he did either because he was a victim of carbon monoxide poisoning.” The problem was he was not a victim of carbon monoxide poison. And the medical records will tell you that and Dr. Shaw told erday. Do you remember the carbon monoxide level you that y in the defendant's blood? The same as any ordinary smoker ~~ which he is; Mr. Martin told you that -- he told one of the witnesses that, I want you to think about that. He wasn't disoriented. He knew exactly what he was doing when he set that houge on fire. Mr. Martin wants to talk about Johnny Webb, a jail inmate in a white suit who came over here and testified before you. Well, members of the jury, what you see is what you get with Johnny Webb. He's a thief; he's a doper; he sits there in a white suit. But he is not a child killer dressed up like a lawyer in front of you in this courtroom. Bad as he i members of the jury, a man who killed his children offended And who knows better Johnny Webb and it hurt his conscience what retribution he may have to bear than Johnny Webb? You heard about that; you know about retribution in the jailhous 36 Ede J. Swain, Official Court Reporter, 13th District court sosssasoss 10 10 nu 12 13 14 15 16 17 18 19 20 aa 22 23 26 25 [NAVARRO CO DIST. CLER 02:38:30 pm. 08-24-2010 39155 and in prison, based on the testimony of Johnny Webb; and he, nevertheless, came forward and told you about that, members of the jury. Yeah, Johnny Webb is a criminal; he's « 22-year-old thief and a drug abuser and a penny-ante robber when he gets high. There's no mistake about what he told about what cameron Todd Willingham told him in April of this year. You know, that's a -- that's a -- that's « factor that I've been faced with a lot of times. Mr. Martin says, "Why would you believe a person like this?" Why -~ why does it -- “it doesn't make 5 for something like that to happen. Members of the jury, it makes perfect sense if you think about it. People like the defendant don't confess crimes like this to you and me. They don't tell their preachers about this They don't tell their bankers about it. Most of all, they don't tell law enforcement officers about it. They tell other cons about it, other cons who perhaps have medicine that can make them sleep at night. I think you remember that testinony also. You know, Johnny Webb knows what it is to have violent memories that disturb one’s sleep. And, members of the jury. 1 will submit to you that that's the only thing he has in common with Cameron Todd Willingham, who sought his help to nightmares from gain that medication that would vanish tho: his consciousness. And we can well-imagine, members of the jury, the nightmares that haunt him and the thoughts that haunt him during the day when he thinks about this (displaying 37 Ede J. Swain, official Court Reporter, i3th District Court 02:38:41 pm, 08-24-2010 20/55, sn36sasce8 NAVARRO CO DIST. CLER | rc i 10 1 | photograph of child). or when he thinks sbout this 2 | (@dsplaying photograph of child). or when he thinks about 3 | this (aisplaying photograph of child). Members of the jury, 4 | you and r cannot begin to imagine the horror and the guilt S | produced by this. rmages that the defendant knows he has to 6 | take credit for. Members of the jury, I want you to renenber 7 | those images from the evidence in this case that are | 8 | Smprinted, not just on the mind of the defendant in this case, 9 | but on all of us who came in contact with the unspeakable 10 | violence of his conduct. a1 Members of the jury, as you consider your verdict in 12 | this case, x want you to consider the images that you have 13 | seen here in the last few days. 1 want you to consider the - 14 | image of Diane Barbee, who burst out of her house when her 15 | little girl ran in, shouting about the snoke that she smelled 16 | and then she saw in the back yard. I want you to think about 17 | the image of her testimony, about Cameron Todd Willingham, who 18 } according to the evidence, never uttered a cry, never uttered 19 | word until she burst out her front door after the fire had 20 | been burning for some time. She burat out the door and saw " 21 | that smoking house where she knew three children lived. 1 22 | want you to imagine her first sight of Cameron Willingham 23 | kneeling on the front porch, crouched in front of his front 24 | door as smoke poured out through that door. And imagine her - 25 | confusion and her dismay, members of the jury, when she asked 38} Bde J. Swain, Official Court Reporter, 13th District Court 9036543088 wn 02:38:52 p.m. 08-24-2010 21 Sm, NAVARRO CO DIST. CLER 32 13 14 15 16 ay 1s 19 20 a1 22 23 24 25 Cameron Todd Willingham to go back in that smoking hous: where no flanes were visible at that time, and rescue hia children, I want you to think of the positive action she took. She ran down the street. she ran down the street, yelling at the top of her lungs, and she called the Fire Department. She called 911. Think of the positive action she after she got back from down the street took back when she and there were still no visible flames and she saw that eron Todd Willingham had not done anything to rescue his she and her children; and she atarted toward the hou started toward the house to daughter -- her older daughter see if they could do something, when the fire flashed and the children's rooms were engulfed in flames. I want you to think of another image, members of the jury; I want you to think of the image of little Buffie Barbee smelling smoke, discounting at first, hearing no cries for help until she raised the cry, herself, She was the first person who raised a cry in this ei Think about the image in her mind, members of the jury, as she watched that smoking house, asking Cameron Todd and get his babii Willingham to go back in the hou Members of the jury, she was 11 years old, and she knew what was right. She knew what needed to be done. and what did Cameron Todd Willingham do? He took the pool cue and broke out the front window so that fire could get more air; and then he went and pushed his car out of the way so it wouldn't catch Bde J. Swain, Official Court Reportar, 13th District Court 9036543088, uw NAVARRO CO DIST. CLER 10 an 12 13 1 15 16 17 18 19 20 aa a2 23 24 25 r on fire. I want you to think about that, members of the jury. Think of the image of Brandy Barbee, the older child, begging. Her testimony was she begged Cameron Todd Willinghan to go back in that smoking house and get the babies. And do you remember what he did, based on the evidence? Jerry Long, the witness, told you that he started talking about electrical problens and squirrels in the attic. I want you to think bout that when you consider your verdict in thie case. I he didn't seem to notice that the back of the house gue wasn't on fire, not involved at all. I guess he didn't seen to think that there was a child in the same bed that he just left. But I guess he knew it would be too much trouble to try frigerator to get back in the back of that house because the was in the way. I don‘t know. Think about that. Think about his statement that he came out the back of the house. Doe: any of this make sense? Did things happen the way David Martin told you? No; members of the jury, they didn't. But, you know, members of the jury, he forgot a lot of those things, too. He forgot to inflict anything but the most superficial kind of wounds or injuries on himself. He was holding as if he -- or hands and arms as if he were burned, Mra. Barbee seid. Pure affectation. The lies started there with the first person he saw. His arms weren't burned; he had @ blister on his finger and a two-inch burn on his shoulder; hair w singed a little bit. I want you to think about that. ict court Ede J. Swain, offic! 02:39:03 p.m, 08-24-2010 4215S, sos6sascee NAVARRO CO DIST. LER 10 an 12 13 14 15 16 17 18 19 20 aa 22 23 24 25 He just didn’t do @ good enough job to cover up, members of the jury. Cameron Todd Willingham wanted someone to believe rious burn, a serious injury; and then it that he had a turned out to be like a sunburn on his face. He wanted people to believe he was awakened at the last minute, in a smoke-filled house, that he was overcome with smoke from searching for the babies. And you remember what the carbon I believe the doctor said monoxide content of his blood wa of a normal smoker. Think then that of it was really 1 Was he coughing?" “No; about that. I asked the witness not really." You heard Nanuel Vasquez talk about what it is to be over -- overcome by smoke, suffer amoke in ~~ inhalation. He used very graphic terms to describe what smoke terms don't fit the defendant, inhalation is like. And tho Cameron Todd Willingham. You know, the type of burns that showed up on this defendant, they tell a little bit about the kind of person he is. Cameron Todd Willingham is = coward. He couldn't even inflict substantial burns on himself to make himself look good. I want you to think about that when you consider your verdict in this cas You know, just as important in thie case as the inconsistencies of what Mr. Martin wants us to believe are the strange little -- little psychological bits, factors that we have to consider in light of the evidence, members of the jury. a1 Bde J. Swain, Official Court Reporter, 13th District Court 02:38:14pm. 08-24-2010 43/55_— 02:38:25 p.m. 08-24-2010 44/55 sosesescea NAVARRO co Ds. cLER a 1 Ron Franks is a Corsicana firefighter who risked his . 2 | life to go into a burning house out there on 1ith Avenue to 3 | look for those children. Members of the jury, he told you, on 4 | Tuesday, how he went to the fire scene after the funeral, 5 | right after the children's funeral on the 27th. Well, the 6 | defendant, cameron Toda Willingham, showed up out there about 7 | the same time. And he starts asking questions about the ” & | origin of fires, about what the investigators had found. 9 | Minutes after his children had been buried. But his conduct, 10 | menbers of the jury, is so transparent that it shocks us when 11 | we think about it. Nobody ever accused him of being smart. 12 | rt's so transparent that it -- it alnost makes us sick to our 13 | stomachs. He told the firefighter, Franks, when they were . 14 | walking through the burning renains of the home, the 15 | chitdven's room, “oh, yeah, if you guys take any more samples 16 | out here, then you'll probably find that stuff I poured on the 17 | floor in the hall and the children's room because the children 18 | 24ked dt so much." Why didn’t he go in there and pour it on 19 | the bed where his two-year-old daughter was found dead? 20 | Because he knew where he had poured that accelerant and he was 21 | trying to ness up any samples that the Police Department or 22 | the investigators might take. What do you make of conduct 23 | ike that? Does that make sense to you? Does that comport 24 | with your common 2 Wo; it does not. 1 want you to think ~ 25 | about that when you consider your verdict in this case. ae Ede J. Swain, Official Court Reporter, 13th District court 9036543088 12 NAVARRO CO DIST. CLER 20 uw 12 13 14 15 16 17 18 19 20 an 22 23 24 25 4 I want you to think about something else that seena small and trivial end perhaps inconsequential, except when you think of it in the context of the -- of the evidence in this ease and human behavior. An hour after the funeral, do you remember what Cameron Todd Willingham was most concerned about when he went back in the burned house, other than telling the fire fighters that the samples probably wouldn't be any good, it would show up whatever cologne he'd poured on the floor? Do you remember what he was talking about? He said, somebody -- “somebody has stolen my darts and dart board.” That shows his level of care, his level of concern for his children. That's just a little factor I want you to file away + T want you somewhere in the back of your mind in this c think about that. Do you remember another thing that the concerned about? He defendant, Cameron Todd Willingham, w was concerned sbout the TV crew, He was concerned whether his him on TV, He wai friends and family in Oklahoma could normal before the crew got there; when they took his picture, he worked up some tears, and then he was normal when it was over. Do you remember about his conduct the day after the fire? A party and a radio going over there, till they saw people looking at them and then they calmed back down. They tried to act like they thought they were supposed to act. I want you to file that away in the back of your memory, too. Do you remember, instead of the incredible grief that any 43 Bde J. Swain, Official Court Reporter, 13th District Court 02:39:35 pm. 08-24-2010 45/55, 02:39:26 p.m. 08-24-2010 46) | | | 12 1 parent would show in so overwhelming a loss, do you remember | 3 his children were -- were killed? “Don't worry about ther | 8 little bits and pieces that we put on Tuesday; and perhaps it. little bits and pieces that corroborate what aa you to hear the 12 | the other witnesses said. They corroborate the testimony of 13 | Johnny Webb. They corroborate the testimony of Manuel . 26 | Vasquez. I'11 submit to you that any -- that either of that 15 | testimony, standing alone, ie sufficient and conclusive and it 16 | shows you that this defendant, Cameron Todd Willingham, 17 | committed the crime he is charged with. The other is -- is 18 | window-dressing. It fits in; it corroborates; it strengthens 19 | the State's case. I want you to think about how all thos 20 | 1ittle factors fit together. You have seen the 21 | inconsistencies of Cameron Todd Willingham's statements, his 22 | behavior, his lack of injuries, the fabrication, the bizarre 23 | conduct. And then, members of the jury, you saw Manuel 24 | vasquez‘'s testimony. You saw the photographs; and you heard - 25 | how he poured that liquid in the children's room. You saw how 44 Bde J. Swain, Official Court Reporter, i3th District Court soa6sasoee a2 13 NAVARRO CO DIST. CLER 02:39:57 pm. 08-24-2010 47155 210 i 12 13 16 15 16 a7 18 19 20 a 22 23 26 25 he poured it in the hall. You saw how he poured it along the front of the house. Do you remember what Manuel Vasquez told you about fire evidence? He said that, “Fire doesn't Lie; it creates 7 fire doesn't destroy evidence; only people 11 evidence." And, members of the jury, as T told you before, it created evidence that he could read like a book. And, members of the jury, every page of that book tells us the same thing. t in a hurry to kill these children. The That this fire w puddle patterns in the floor, they're silent reminders of = stupid and a reprehensible criminal act that was conceived in hate and conceived in desperation and selfishness. The liquid is gone, except the threshold; it burned away in that destructive madness created by Cameron Todd Willingham. But it left its mark. It left its mark, members of the jury. When you lock at these patterns, this is Cameron Todd Willingham’s confession of the crime burned into every puddle in the floor of that hou: t's burned into the floor of that house on 11th Avenue. And it's burned into our memories, too. You know, members of the jury, here in ~~ in Navarro County, we live in a relatively safe environment. It's a relatively protected environment. We don't see the madni mma to haunt people, and the -- and the violence that whether it's children in particular, throughout the worl! Africa, Nicaragua, or Yugoslavia. And, you know, sometines 45 Bde J. Swain, Official Court Reporter, 13th District Court 02:40:07 pm. 08-24-2010 48/55_ soxeseacee NAVARRO COST. cLER r 13 1 | there's a drawback to that. A drawback is when we're faced . 2 | with a situation like this. when we're faced with horrifying 3 | viotence, apparently senseless to rational people, 1ike 4 | tarkea to you about on Voir Dire. Sometimes we recoil fron 5 | tt. We condition ourselves, It's almost like a defense 6 | mechanism, members of the jury, to believe things like this 7 | gust don't happen here in Navarro County. And we can't allow 8 | ourseives to believe that -- that horror sometines walks anong 9 | us. But, members of the jury, I'm here to tell you that 20 | horror does walk among us sometimes. You know, we tell our a1 | chitaren thet monsters don‘t exist, that they are only shadows 22 | on the well, Well, members of the jury, monsters do exist; 13 | and one of these monsters sits in thie courtroom here today, - 14 | and his name is Cameron Todd Willingham. as And, members of the jury, you get to make « decision 16 | here today; you get to determine whether, in the face of the 17 | confession and in the face of evidence that corroborates it, 1a | and in the face of the unequivocal testimony of Manuel 39 | Vasquez, you will put Cameron Todd Willingham back on the 20 | streets of Navarro county. And, menbers of the jury, make no 21 | mistake; you have the power to do that, if you so choose. aut 22 | monbers of the jury, if you do choose to do that, you've got 23 | to make another decision. You've got to be prepared to greet 24 | him on the street, atand in line with him at Brookshire’s, ait - 25 | with him at the next table at McDonald's or Roy's cafe Bde J. Swain, 02:40:18 p.m. 08-24-2010 43/55, s036saa088 NAVARRO CO DIST.CLER — 13 1 | That's « decision you have to make if you elect to turn this . 2 | defendant ioose. 3 Well, members of the jury, if I -- if I could get down 4 | on ny knees and beg you, 1 would do it if I thought it would 5 | do any good. 1 beg you to find Cameron Todd Willingham guilty 6 | of the offense of capital murder. That's why I'm pleading 7 | with you now, to do what the evidence requires in the case, | 8 | members of the Sury. 9 I want to mention something else to you before I clo! 10 | one of these photographs--state's Exhibit 22--shows sone of 11 | the decorations of cameron Willingham's house. They are 12 | violent images that he's pasted on the walls. And only the 13 | top of one of the posters is visible in this exhibit, and it . 14 | bears the words, "can I play with madness?" Members of the 15 | Jury, Cameron Todd Willingham has played with madness in this 216 | case. And he wants you to play with madness by turning him 17 | Joose back into thie community. Members of the jury, don't -~ ie | don't play with madness in this case. 19 If T can leave you -- let me say one thing before 20 | you -- you consider your jury verdict in this case, There are 21 | two verdict forms, and they relate to the Indictment in this 22 | case. Mr. Willingham is indicted two ways. one is for 23 | killing three children; one is for killing two children. You 24 | can find hin guilty either way, based on the evidence and the - 25 | Charge. 1 submit to you that you must find him guilty of 47 Bde J. Swain, Official Court Reporter, 13th District Court 02:40:23 pm. 08-24-2010 50/55. 9036543088 NAVARRO CO DIST. CLER 13 a | xinting enr Because he killed then just as surely e 2 | as you and I sit here today in this courtroom. 3 The last thought I want to leave you with is one that 4 | was inspired by Mr. Martin in his Argument. He talked about 5 | Biblical considerations. 1 want to talk to you about Biblical 6 | considerations, too. Members of the jury, if we could turn to 7 | the second (sic) chapter of Matthew in this Bible, we could 8 | read the words of Jesus. And if you'll remember what those 9 | words say, I think you'll know what's required of you in this 10 | case. He said, "Whonacever shall harm one of my children, 11 | it's better for a millstone to be hung around hie neck and for 12 | him to be cast in the sea and drowned." Your verdict is 13 | clear, members of the jury, you must turn to the last page of . 14 | the verdict sheet and answer the top form, “We, the jury, find 18 | the defendant guilty of the offense of capital murder." 1 16 | read the Indictment to you at the first of this case. It 17 | ended with the words, perhaps inconse -- inconsequential 18 | words, about the peace and the dignity of the state. Please 19 | lend peace and dignity to this proceeding. Please find 20 | Cameron Todd Willingham guilty of the crime he conmitted. 21 Thank you. 22 THE COURT: Members of the jury panel you will be 23 | escorted to your deliberating room, where you will elect you a 24 | foreman and arrive at your verdict. & 25 Bde J. Swain, Official Court Reporter, 13th District Court sosssasces NAVARRO CO DIST. CLER 20 aa 12 13 14 15 16 14 17 18 19 20 at 22 23 26 (The jury entered the jury room at approximately 10:25 a.m. to begin deliberations.) until THE COURT: This court will be in rece: the jury returns with a verdict. (the following occurred immediately prior to the jury entering the courtroom with a verdict :) THE COURT: So that everyone in the audience understands, there will be no conversation, regardless of what the verdict is; okay? If there is any outburst by anyone, the persons making the outburst will be escorted outside the courtroom and will not be allowed back in the courtroom. Bring the panel in, (The jury entered the courtroom with the following verdict at approximately 11:42 a.m.z) ‘THE COURT: Okay, members of the jury panel, have you reached a verdict? FOREPERSON: Yes, sir; we have. it to the bailiff, ‘THE COURT: Would you pi please? JURY VI RBAD BY THE COURT: “We, the jury, find the defendant guilty of the off of capital murder.” Verdict -~ this is with reference to the three individuals -- form signed No. 1. 49 Bde J. Swain, Official Court Reporter, 13th District Court 02:40:39 p.m, 08-24-2010 51/55 02:40:48 p.m. 08-24-2010 52/55 sosesasoes NAVARRO CO DIST. CLER eee 14 1 THE COURT: Members of the jury panel, we're ra 2 | going to be in recess until 1:15, and we will start the 3 | Punishment Phase of this case 4 I want everyone to remain in the courtroom until such 5 time as the jury panel is outside the courtroom. 6 Excuse me just a minute; did you want the panel polled? 7 MR. MARTIN: May we, Your Honor? 8 THE COURT: Yes, sir. 9 JURY PANEL POLLED 10 THE COURT: Members of the jury panel, the 11 question that I ask you it Is this your verdict? And just 32 | answer “Yes” or “no;* and I'm going to call just last name 13 | omy. ~ 14 Q. Harris? 15 AL For it. 16 a7 AL Yes. ae @. Okay. Dunbar? 19 AL ¥e 20 Q. Holmes? 21 AL Yes. 22 @. Formby? 23 AL Yes. 26 @. Watson? bad 25 A. Yes. 50 Ede J. Swain, Official court Reporter, 13th District Court 02:40:56 p.m. 08-24-2010 53/55 s03654s008 NAVARRO CO DIST. CLER . -————-- 14 1 @. Cook? . 2 AL Yes. 3 Q. Martin? 4 AL Yes. 5 Q. Roper? 6 AL Yes. 7 @. Dechaume? a A. You. 3 Q. Holloway? 10 AL Yes. an Q. Morse? 12 A. Yes. 13 @. And Ponder? bo 4 AL Yes. 15 THE COURT: Okay. Now you all may 1 16 | tame. 17 (The jury departed courtroom and the following occurred: 18 19 MR. BRISTOL: Your Honor, can we get him out of 20 | here before-- a1 THE COURT: I want everyone to remain in the 22 | courtroom until the defendant is outside the courtroom, also. 23 MR. DUNN: Your Honor, we -- we need to talk to 24 the defendant about the preparation for this evidence this . - 25 | afternoon. 51. . Bde J. Swain, Official Court Reporter, 13th District Court 02:41:04pm. 08-24-2010 545, 036543008 NAVARRO CO DIST. LER 14 1 10 a 12 13 14 15 16 17 18 19 20 a1 22 23 24 25 — THE COURT: Okay; I'11 tell you wha! (The following was made of record at the bench and outside the hearing of others:) THE COURT: --why don't I just let everybody go-- MR. DUNN: Okay. THE COURT: nd leave the courtroom at this time? (After which the following occurred:) THE COURT: Okay, everyone can go outside the courtroom at this time. (Bveryone exited the courtroom and lunch recess was had; and at approximately 1:15 p.m. the following occurred:} THE COURT: Bring the panel in, Bill. (Conclusion of Vol. XIII, at lunch hour on August 20, 1992, resuming in Volume XIV on the afternoon of August 20, 1992, with Punishment Phage.) sa] Bde J. Swain, Official Court Reporter, 13th District Court 9036543008 ' ae NAVARRO CO DIST.CLER O2At: 2pm, 08-24-2010 55/55 10 a 12 13 14 15 16 7 1s 1s 20 aa 22 23 24 25 THE STATE OF TEXAS COUNTY OF NAVARRO * I, Ede J. Swain, Official Court Reporter in and for the Thirteenth Judicial District Court of Navarro County, State of Texas, do hereby cortify that the above and foregoing contains a true and correct transcription of all morning proceedings had on August 20, 1992, in the above-styled and numbered cause, all of which occurred in open court and were reported by me. I further certify that this transcription of the record of the proceedings truly and correctly reflects the exhibits, if any, offered by the respective parties. WITNESS my hand this the 29th day of October/“1992. Thirteenth Judicial District court P. 0, Box 333 Corsicana, Texas 75151-0333 (903) 65. 3023 Certificate Expires: 12/31/92 Taxable Cost: $146.50 (Orig. & 1 Copy) to be paid by Navarro County, Texas, due to indigency of defendant (53 pgs. at $2.50 ea., 1 index pg-, at $10, 2 bindings at $2 ea.). 53 Bde J. Swain, Official Court Reporter, 13th District Court