The prosecution claims “overwhelming” evidence exists even if an arson inspector’s opinions of this defendant’s guilt is no longer supported. The upcoming new trial will prove or disprove that theory.

One glaring similarity of this case with Todd Willingham’s conviction in Texas (he was executed despite appeals to the state governor Rick Perry) is that both fire “experts” profiled the suspects as to whether they 1) showed sufficient remorse or anguish at the fire scene (Wallingham) and 2) the rescue attempt by Dougherty (in Penn) should have been supported by him having burns and smoke inhalation.

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