Forensic Science Job

Casey: Law gets in way of science, again

Attorney General Greg Abbott's recent official opinion on the law governing the Texas Forensic Science Commission has been widely described as "confusing."

It says, for example, that the commission can investigate the controversial arson findings in the case of Cameron Todd Willingham, the Corsicana man who was executed in 2004 for killing his three children by arson in 1991.

But there is one caveat, the attorney general says. The commission can't look at the evidence presented to the jury, since only evidence presented after the law's passage in 2005 is to be examined.

But if the attorney general's opinion is confusing, it's partly because the law as written is confusing.

In my (unofficial) opinion, the attorney general gave a reasonable interpretation. But so did Barbara Dean, the highly respected veteran attorney in his own office assigned to act as counsel for the commission. Until this year when the commission hired a staff counsel, she attended every meeting and advised members on their powers. She never raised an objection during their years-long Willingham investigation.

Then there was the reasonable opinion of Sen. Juan "Chuy" Hinojosa, D-McAllen, who has some standing as a lawyer and the co-author of the bill establishing the commission.

He told the Corsicana Sun in 2009: "There is no statute of limitations on anything the Forensic Science Commission does."

Hinojosa was aware that the law needed refining, as new laws often do. That's why this spring he pushed revisions that would have gone a long way toward cleaning up the law.

One of the main points of tension was whether the law's sole job was to make findings as to whether staffers of certified forensic labs were negligent in handling individual cases, or whether it was to critique any illegitimate use of forensic science in Texas criminal justice cases and work to improve the practice in the state.

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