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window, in an apparent effort to reach his children. And the firemen and police on the scene had described Willingham frantically trying to get into the house.
The witnesses’ testimony also grew more damning after authorities had concluded, in the beginning of January, 1992, that Willingham was likely guilty of murder. In Diane Barbee’s initial statement to authorities, she had portrayed Willingham as “hysterical,” and described the front of the house exploding. But on January 4th, after arson investigators began suspecting Willingham of murder, Barbee suggested that he could have gone back inside to rescue his children, for at the outset she had seen only “smoke coming from out of the front of the house”—smoke that was not “real thick.”
An even starker shift occurred with Father Monaghan’s testimony. In his first statement, he had depicted Willingham as a devastated father who had to be repeatedly restrained from risking his life. Yet, as investigators were preparing to arrest Willingham, he concluded that Willingham had been too emotional (“He seemed to have the type of distress that a woman who had given birth would have upon seeing her children die”); and he expressed a “gut feeling” that Willingham had “something to do with the setting of the fire.”
Dozens of studies have shown that witnesses’ memories of events often change when they are supplied with new contextual information. Itiel Dror, a cognitive psychologist who has done extensive research on eyewitness and expert testimony in criminal investigations, told me, “The mind is not a passive machine. Once you believe in something—once you expect something—it changes the way you perceive information and the way your memory recalls it.”
After Gilbert’s visit to the courthouse, she kept wondering about Willingham’s motive, and she pressed him on the matter. In response, he wrote, of the death of his children, “I do not talk about it much anymore and it is still a very powerfully emotional pain inside my being.” He admitted that he had been a “sorry-ass husband” who had hit Stacy—something he deeply regretted. But he said that he had loved his children and would never have hurt them. Fatherhood, he said, had changed him; he stopped being a hoodlum and “settled down” and “became a man.” Nearly three months before the fire, he and Stacy, who had never married, wed at a small ceremony in his home town of Ardmore. He said that the prosecution had seized upon incidents from his past and from the day of the fire to create a portrait of a “demon,” as Jackson, the prosecutor, referred to him. For instance, Willingham said, he had moved the car during the fire simply because he didn’t want it to explode by the house, further threatening the children.
Gilbert was unsure what to make of his story, and she began to approach people who were involved in the case, asking them questions. “My friends thought I was crazy,” Gilbert recalls. “I’d never done anything like this in my life.”
One morning, when Willingham’s parents came to visit him, Gilbert arranged to see them first, at a coffee shop near the prison. Gene, who was in his seventies, had the Willingham look, though his black hair had gray streaks and his dark eyes were magnified by glasses. Eugenia, who was in her fifties, with silvery hair, was as sweet and talkative as her husband was stern and reserved. The drive from Oklahoma to Texas took six hours, and they had woken at three in the morning; because they could not afford a motel, they would have to return home later that day. “I feel like a real burden to them,” Willingham had written Gilbert.
As Gene and Eugenia sipped coffee, they told Gilbert how grateful they were that someone had finally taken an interest in Todd’s case. Gene said that his son, though he had flaws, was no killer.
The evening before the fire, Eugenia said, she had spoken on the phone with Todd. She and Gene