The new chairman of the Forensic Science Commission testifies at the State Capitol a lot, so appearing before the Senate Criminal Justice Committee Tuesday was nothing new.
But this appearance for John Bradley, who is also the Williamson County district attorney, was different than the many times he's testified in the past. This time he was speaking in his capacity as the newly-appointed chair of the Forensic Science Commission.
Bradley told inquiring senators he would not discuss any of the three cases now being considered by the commission, but said there would not be any hearings on them until after he and other commission members discuss procedural issues such as setting up specific rules for members to follow.
"I will tell you we will work on it diligently and give you our opinion when it's ready," Bradley said.
He refused to discuss the most controversial case before the commission, that of a man executed in 2004 for the arson deaths of his three young daughters in Corsicana. The Innocence Project and others question the forensic testimony that led to Cameron Todd Willingham's conviction and subsequent execution, and say he was put to death even though he may have been innocent.
During the hearing, Bradley said the commission's work is solely to determine whether valid science is being used in Texas courtrooms, not whether any specific conviction or execution was just. He said he did not want the commission to taken over by "outside interests with an outside agenda," an apparent reference to the Innocence Project that is pushing for an investigation into the Willingham case.
"I've been on this job a month," he said. ''I have deliberately avoided forming any opinions about any of the pending cases. I felt like it was my job to get educated about what the role of the commission was, what resources it needed and how it works."
Gov. Rick Perry appointed Bradley to the commission days before it was to consider a report critical of the scientific testimony about arson used to convict Willingham. The appointment of Bradley and others postponed the hearing, and on Tuesday Bradley said he could not say when it would be rescheduled.
"I'm not going to make any comments about pending cases before the commission," he told reporters outside the hearing. "I hope the public continues to get the message that it is not the job of the commission to announce whether someone is innocent or guilty. That's the job of the court system."
The hearing was mostly friendly, but did include a few sharp exchanges. At one point, State Sen. Rodney Ellis, D-Houston, questioned whether politics played a role in Bradley's appointment. Ellis also sits on the board on the Innocence Project.
That prompted Bradley to respond: "There are some who could make the same claim about your work. As you mentioned, you are the chair of a New York non-profit that actually is the group that filed a complaint."
State Rep. Tommy Merritt of Longview followed up by asking Bradley whether Bradley wanted to question his motives as well if he asked some tough questions. Bradley responded: ''I don't even know your name. I haven't met you before, so I don't have any personal opinions about you at all. "
Renowned lawyer Barry Scheck attended the hearing, and later told reporters he hopes Bradley resolves issues such as writing rules quickly so the commission can proceed with investigating the Willingham case.
"We brought this complaint for one reason, and one reason only," Scheck said. "We are concerned there may be innocent people in Texas in prison based on arson convictions that used unreliable science. We are equally concerned there may be other cases going forward where unreliable science is being used.
"We need an answer about whether reliable scientific methods are being used in the state of Texas," Scheck said. "So fine, Chairman Bradley, go out and get some rules, but it shouldn't take you that long, and you don't have to solve everything in order to proceed to that hearing."
During the hearing, State Sen. John Whitmire, D-Houston, suggested the commission look into reports that a large number of rape kits taken in Houston criminal cases remain unopened and unprocessed.
Whitmire and other senators gave Bradley's idea that at least some of the commission's work be done in private a cool reception. Bradley said he wanted to protect whistleblowers, but several senators said they believed there is little reason for the commission to conduct its work in private.
