Ernest Ray Willis Texas Conviction: 1987, Charges Dismissed: 2004
Ernest Ray Willis was sentenced to death for the 1986 deaths of two women who died in a house fire that was ruled an arson. Seventeen years later, Pecos County District Attorney Ori T. White revisited the case after a federal judge overturned Willis' conviction. (Willis v. Cockrell, 2004 WL 1812698 (W.D.Tex.)) White hired an arson specialist to review the original evidence, and the specialist concluded that there was no evidence of arson. Willis, who was staying briefly at the house where the fire occurred, escaped from the house. Investigators believed they found an "accellerant" in the carpet. Officers at the scene of the blaze said that Willis had acted strangely, and prosecutors had Willis arrested. Despite limited evidence, Willis was indicted for murder and arson. Prosecutors used Willis' dazed mental state at trial - the result of state-administered medication - to characterize Willis as "coldhearted" and as a "satanic demon." Willis' court-appointed lawyers, one of whom later surrendered his law license following drug charges, offered little defense. The attorneys spent a total of three hours with Willis, and as a result, Willis was found guilty and sentenced to death.The state's new arson specialist revealed, however, that the "accellerant" initially suspected of causing the fire was in fact "flashover burning," consistent with electrical fault fires. U. S. District Judge Royal Ferguson held that the state had administered medically inappropriate antipsychotic drugs without Willis' consent; that the state supressed evidence favorable to Willis; and that Willis received ineffective representation at both the guilt and sentencing phases of his trial. He ordered the state to either free Willis or retry him. The state attorney general's office declined to appeal, and prosecutors dropped all charges against Willis. White, whose predecessors prosecuted Willis, said that Willis "simply did not do the crime. ... I'm sorry this man was on death row for so long and that there were so many lost years." (Los Angeles Times, October 7, 2004). Willis, who had no prior record, was released on October 6, 2004 with $100, ten days of medication, and the clothes on his back. (Los Angeles Times, Houston Chronicle, and Dallas Morning News, October 7, 2004).