Todd Willingham

Daily Sun FILE photo/Scott Honea - Cameron Todd Willingham is shown in this 2004 Death Row photograph. The State Bar of Texas has filed a complaint against John Jackson, lead prosecutor in the case, claiming he withheld evidence favorable to Willingham. Jackson denies the charge.

Former 13th District Court Judge John Jackson, who as a prosecutor handled the case of Cameron Todd Willingham, executed in 2004 for the fire deaths of his three daughters in 1991, has been formally accused of misconduct over allegations that he concealed evidence during the 1992 murder trial.

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

Jackson was the lead prosecutor against Willingham, whose case has become a flashpoint for death penalty opponents who contend that he was wrongly executed. Jackson, who has consistently denied any wrongdoing, declined to comment on the state bar's action and referred questions to his attorney, Joseph E. Byrne. Byrne disputed the accusations in an interview with Associated Press.

Willingham maintained his innocence up until being executed in 2004.

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

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

The case has been assigned to Judge David A. Farr, a family court judge in Houston, but is expected to be heard in Navarro County. Jackson's attorney said he has requested a jury trial.

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

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

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

"I think that the evidence leaves no doubt there that there was a pretrial deal with this informant, Johnny Webb," Bryce Benjet, a staff with attorney with the Innocence Project, said Wednesday evening.

A house fire in 1991 killed Willingham's daughters: 2-year-old Amber and 1-year-old twins Karmon and Kameron. In 2010, Willingham’s wife, Stacy, has said that Willingham told her he had set the fire that killed the girls three days before Christmas in 1991.

Fire investigators testifying against Willingham concluded the fire was set intentionally.

But years later, several fire science experts and a state panel have claimed that conclusion was wrong and unsupported by evidence, based on advances in fire investigation techniques. Combined with Webb's recantation, supporters of Willingham have called his execution a wrongful death and have pushed for the state to acknowledge his innocence.


Associated Press writers Eva Ruth Moravec and Paul J. Weber contributed to this story.


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