Senator Eliot Shapleigh - El Paso, Texas

AUSTIN – Gov. Rick Perry was blasted Wednesday after he swept three appointees from their jobs just two days before they were set to critically examine a flawed arson investigation that contributed to the execution of a Corsicana man.

The hearing of the Texas Forensic Science Commission, scheduled for Friday in Irving, was abruptly canceled by the new chairman the governor chose, Williamson County District Attorney John Bradley. He is considered one of the most conservative, hard-line prosecutors in Texas.

The commission was to hear from Baltimore-based Craig Beyler, a nationally recognized fire expert, who had been hired by the panel to review the Cameron Todd Willingham case. Beyler's long-anticipated report, released in August, called the Willingham fire investigation slipshod and based on wives' tales about how fire behaves and possible arson evidence.

Perry said his move was a typical use of his power on appointments, on which he has complete discretion. But Barry Scheck, co-director of the New York-based Innocence Project, compared the move to Richard Nixon during Watergate.

"This is like the Saturday night massacre," said Scheck, whose group also reviewed the Willingham case and found it lacking. "Rather than let this important hearing go forward and the report be heard, the governor fires the independent chairman and two other members of this commission. It's like Nixon firing [special prosecutor] Archibald Cox to avoid turning over the Watergate tapes."

Beyler concluded that no reasonable investigator could determine that the 1991 Corsicana house fire, which killed Willingham's three young children, was intentionally set. Others, including the prosecutor in the case, have conceded that that the arson investigation was flawed, but they have maintained that other evidence and Willingham's actions still point to his guilt.

The Willingham case has drawn national attention, and anti-death penalty advocates consider it the likeliest case in recent decades in which an innocent man was executed.

Perry had denied Willingham's request for a stay of execution five years ago. His lawyers asked the governor for the 30-day reprieve to give the courts time to review a new report that called the fire investigation into question. Willingham had always maintained his innocence.

The governor has questioned Beyler's findings and argued that there is other evidence of Willingham's guilt. And Perry told The Associated Press on Wednesday that the terms of the dismissed board members were expiring that and replacing them "was pretty standard business as usual."

On Wednesday, the governor chose not to extend the appointments of commission chairman Sam Bassett, an Austin lawyer, as well as Fort Worth prosecutor Alan Levy and a forensic lab specialist, Aliece Watts of Burleson.

Levy's position, reserved by statute for a prosecutor, was given to Bradley, and the governor immediately named him chairman of the nine-member commission. Watts was replaced by forensic pathologist Norma Jean Farley of Harlingen. A replacement for Bassett, who held the slot reserved for a criminal defense attorney, was not named.

All of their terms had expired Sept. 1, but Bassett, named chairman by Perry two years ago, had asked to retain his slot.

Bradley said he learned of the appointment Wednesday morning when he was called by the governor's office. He said it was not a position he sought.

He said he canceled Friday's commission meeting because he thought "it was too much to ask for myself and the new members to absorb," and because he wanted time to review the Beyler report and materials.

Bradley said he is not yet "informed enough" to know if he would ask Beyler to present his report at a future meeting or continue the line of questioning begun unanimously by the commission.

"I just know it's going to keep my weekend busy," Bradley said.

Bassett said he learned Wednesday morning that he was being replaced – and the timing disturbed him.

"In my view, we should not fail to investigate important forensic issues in cases simply because there might be political ramifications," Bassett said.

Gerald Hurst, a Cambridge-educated chemist who was the chief scientist for the nation's largest explosives manufacturer, was the expert who authored a report sent to Perry shortly before Willingham's execution. His report found that the arson evidence used against Willingham was based on since-discredited junk science.

He said he is not surprised by the governor's actions, although "I didn't think he would go this drastic."

"Look at the situation: He appoints a commission and the first case they take up is an execution that was signed off on by the governor who had a chance to interrupt it," Hurst said.

He added that Perry apparently didn't want the public to hear from Beyler because he is an impeccable source.

"He is one of the top fire scientists in the nation. He's not to be confused with anti-death penalty nuts," Hurst said. "There are only a very few who are at the top of their fields, and he is one."

Perry's challenger in the March Republican primary, Sen. Kay Bailey Hutchison, said the case has not been handled properly.

"Why you wouldn't at least have the hearing that the former member suggested, to find out what the facts are, when a man has been executed and now the facts are in dispute – just like DNA has given more tools to determine the facts," she said. "I am strongly for the death penalty, but always with the absolute assurance that you have the ability to be sure – with the technology that we have – that a person is guilty."

Hutchison declined to say whether she believes Willingham was innocent.

"I answered your question," she said. "To the best of my knowledge, I've answered your question."

Democratic candidate Tom Schieffer also said the commission should reschedule the hearing quickly to question Beyler and examine his findings.

"No one in public life should ever be afraid of the truth. In the final analysis, truth is the only thing that serves justice," he said.

Staff writer Todd J. Gillman in Washington contributed to this report.