Police arrest student suspect in Ohio campus fires

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Posted on 6th March 2009 by Gordon Johnson in Uncategorized

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Date: 3/6/2009

CINCINNATI (AP) — Police say a student at a small Ohio college has been arrested on arson charges after several fires were set on the campus.

Police in the Cincinnati suburb of Delhi Township say 18-year-old Jordan Cullen was arrested Friday and charged with two counts of aggravated arson. It was not immediately clear whether Cullen had an attorney.

Authorities say Cullen set at least one of five small fires Thursday in two buildings at the College of Mount St. Joseph. She is a resident at the liberal arts college of 2,300 students.

The fires prompted evacuations on the campus. Officials report one person died, but the cause of death has not been determined.

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Information from: The Cincinnati Enquirer, http://www.enquirer.com

Copyright 2009 The Associated Press.

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Proving murder in case of wildfire arson difficult

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Posted on 14th February 2009 by Gordon Johnson in Uncategorized

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Date: 2/14/2009

By KRISTEN GELINEAU
Associated Press Writer

SYDNEY (AP) — Outrage over the Australian wildfires that killed more than 180 people last week was white hot after police said some of the blazes may have been deliberately set.

The prime minister said the culprits should “rot in jail,” and government officials threatened the maximum charge: murder.

But experts note the difficulty of proving a link between the act of striking a match and causing a death.

Police on Friday charged a man with one count of arson causing death and intentionally lighting a wildfire near the town of Churchill that killed at least 21 people. The official death toll from the fires that raged through southeastern Victoria state Feb. 7 is 181, but officials expect the tally to exceed 200.

Wildfires burn annually in places with hot summers where people live near wooded areas — Australia, California, Spain, France. Foul play is also common.

A report last month by the Australian Institute of Criminology concluded about half the 60,000 wildfires each year are either deliberately set or suspicious.

Few arrests are made, and even fewer convictions secured.

One major complication is that wildfires often merge, making it difficult to link an arson fire with the blaze that eventually kills people, said Damon Muller, who has researched arsonists for the institute.

“If someone starts a fire and that joins to another fire, how responsible is that person?” Muller said.

In such cases, prosecutors generally call in experts who examine the burn damage to determine where two blazes join and their direction, said Thomas Fee, former president of the Maryland-based International Association of Arson Investigators.

But experts for the defense could easily testify that the defendant’s fire alone wouldn’t have been enough to hurt anyone, Fee said.

Also tricky is proving that an arsonist either intended to kill someone or inflict grievous bodily harm, Muller said.

Others say it can be done.

“It’s not as difficult as you think,” said Los Angeles Deputy District Attorney Jean Daly, who spent nine years prosecuting arson cases in California.

Under California law, arson can qualify as felony murder, which allows for a murder charge against a defendant who doesn’t intend harm.

One man, Raymond Lee Oyler, is currently on trial in California for allegedly setting a 2006 wildfire that killed five firefighters. He has pleaded not guilty to 45 counts including murder and arson and faces the death penalty if convicted.

Harder than proving a murder charge in a wildfire arson is convincing a jury the defendant committed arson in the first place, Daly said.

“You have to establish the links,” she said.

That task falls to investigators, who first hunt out eyewitnesses, said Ross Brogan, a former New South Wales state fire investigator and a fire investigation lecturer at Australia’s Charles Sturt University.

Finding the fire’s source depends on determining where it started. To do that, Brogan said, investigators interview firefighters who can detail the intensity of the flames, and study weather data to determine wind direction — both of which help investigators track the fire to its source.

The major problem is that physical evidence often burns up — or is removed by the arsonists themselves, Fee said.

“For a long number of years, they said that arson was the hardest crime to prove,” Fee said. “If you don’t have an eyewitness to this, it all becomes circumstantial evidence — and the more you try to convict on circumstantial evidence, the tougher it gets.”

Copyright 2009 The Associated Press.

Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Suspect charged in deadly Australian fire

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Posted on 13th February 2009 by Gordon Johnson in Uncategorized

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Date: 2/13/2009

By TANALEE SMITH
Associated Press Writer

MELBOURNE, Australia (AP) — Authorities charged a man Friday with lighting one of the wildfires that killed more than 180 people in Australia, and whisked him into protective custody to guard him from public fury.

Police said the suspect was charged with one count of arson causing death and intentionally lighting a wildfire near the town of Churchill that killed at least 21 people. It was one of hundreds of fires that raged through southeastern Victoria state Feb. 7, leaving 7,000 people homeless and razing entire towns.

The suspect also was charged with possessing child pornography.

The disaster’s official death toll is 181, but efforts to find and identify victims were continuing and officials expected the final tally to exceed 200. More than 1,800 homes and 1,500 square miles (3,900 square kilometers) of forests and farms were burned.

The suspect’s identity was being kept secret for his own safety, Victoria Police Assistant Commissioner Dannye Moloney told a news conference. He was brought to the state capital of Melbourne from Morwell, 75 miles (120 kilometers) to the east and near the town of Churchill.

“We have a very emotive environment out there,” Moloney said. “If we left a person there it would only be a situation where the people may go to where they believe him to be held and I don’t think they need the trauma.”

Australian Broadcasting Corp. reported from Morwell that the suspect was formally charged in the town’s magistrate’s court, but that he did not appear. He was ordered to be held in custody and to undergo psychiatric evaluation, the broadcaster said.

Police said in a statement that Magistrate Clive Allsop banned publication of any details or photographs of the man that could identify him. Another court hearing was scheduled for Monday.

If found guilty, the man faces a maximum penalty of 25 years in prison for the deadly arson charge, and a maximum of 15 years on the second arson charge.

Police have said they believe foul play was the cause of at least two of the deadly blazes, including the Churchill fire. Those suspicions disgusted the country and prompted Prime Minister Kevin Rudd to describe the fires as possible mass murder.

Verbal abuse was hurled at a van seen leaving the courthouse in Morwell that people apparently believed the suspect was in, Australian Associated Press reported.

“If this person is not insane, then I think he should be in jail for a very long time,” said Gavin Wigginton, whose home was destroyed in the Churchill fire. “If he’s culpable, if he’s all there, he must have known that this was going to kill people and that clearly is murder.”

Ruth Halyburton, whose home in the town of Marysville was burned to the ground, said she could not comprehend why anyone would want to light wildfires.

“Words can’t describe how I feel about them,” Halyburton told The Associated Press at a relief center in nearby Alexandra. “I’m a Christian, but I don’t think to kindly of people if they go light a match and destroy people’s property and lives. They don’t have a brain in their head.”

But experts say arson can be very hard to prove. Physical evidence usually goes up in smoke or is taken away by arsonists, said Thomas Fee, a former president of the Maryland-based International Association of Arson Investigators in the U.S.

Even more difficult to prove is murder by arson. Wildfires often join one another, making it tough to link a fire set by an arsonist with the blaze that eventually kills people, said Damon Muller, who has researched arsonists for the Australian Institute of Criminology.

Marysville, a town of some 500 people, was almost completely destroyed Saturday by one of the fires — but not the Churchill blaze.

Firefighters still struggled to contain about a dozen blazes and one of them flared up Friday and menaced the town of Healesville, coming within less than a mile (1 kilometer) and sending embers dropping like rain over houses.

The threat was downgraded after a few hours, but it served as a reminder that the disaster may not be over yet.

“You can’t see anything. All you can see is smoke, and you can’t even see where the fire is actually coming from,” plant nursery owner John Stanhope told ABC radio from Healesville during the flare-up. “It’s just thick smoke everywhere and everyone is just very much on edge.”

Firefighters raced to take advantage of cooler weather, rain and lighter winds and lit controlled burns Friday in efforts to prevent further breakouts.

The catastrophe’s scale became clearer Friday. Officials raised the tally of destroyed homes by 762 to 1,831, and the number of people left homeless or who fled their homes and have not returned was raised by 2,000 to 7,000.

Officials said the nation had pledged more than 75 million Australian dollars ($50 million) in donations to various charities for survivors. Rudd ordered military bases to be opened to house some of the homeless.

The disaster increased the urgency for a nationwide fire warning system, which has been snarled for years in bickering between state and federal officials.

“I am determined to see this thing implemented across the nation,” Rudd said late Thursday. “If it means cracking heads to ensure it happens we’ll do that.”

Officials partly blamed the dramatic death toll on the number of people who appeared to have waited until they saw the fast-moving blazes coming before trying to flee. Many bodies were found in burned-out cars.

Copyright 2009 The Associated Press.

Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Mass. woman charged in fatal ’99 fire faces trial

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Posted on 12th January 2009 by Gordon Johnson in Uncategorized

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Date: 1/12/2009

By DENISE LAVOIE
Associated Press Writer

BOSTON (AP) — For nearly a decade, Kathleen Hilton has been in jail, though she’s been convicted of nothing.

Prosecutors say the grandmother set a fire that killed five people, including three young girls, because she was allegedly angry her son’s ex-girlfriend wouldn’t let him see his two kids.

Her trial is set to begin Tuesday on murder and arson charges after an extraordinary delay while her lawyer fought to keep the jury from hearing an alleged confession she made after the Feb. 24, 1999, blaze in a Lynn triple-decker.

Her grandchildren survived, but the blaze killed another family in the building.

Hilton, now 62, has spent most of the last decade at MCI-Framingham, a medium-security women’s prison where she works in the kitchen and watches television, said her attorney, Michael Natola.

In Massachusetts, it usually takes one to two years for murder cases to go to trial.

“Ten years is aberrational,” said Michael Cassidy, a professor at Boston College Law School. “Sometimes, complex murder cases can take two or three years to get to trial but 10 years is well beyond the average.”

Natola said he had to push for the statements to be suppressed — no matter how long it took. The case twice went to the Supreme Judicial Court.

“There were two competing constitutional rights at work here — her right to a speedy trial and her right to a fair trial by virtue of having unlawfully taken statements suppressed,” he said.

Ultimately, the jury at Hilton’s trial will be allowed to hear portions of her statements to police, including her claim she started the fire by pouring scented oil on the wooden stairway and lighting it with a cigarette. She allegedly said she hoped that if her son’s girlfriend, Krystina Sutherland, had nowhere to live, she and the two children would return to her son, Charles Loayza, then 22.

But jurors won’t be allowed to hear a statement she allegedly made to a court officer after her arraignment: “My son, I hope he forgives me. I could have killed my grandchildren.”

Natola claims Hilton made the statements to try to protect her son, who had threatened to burn down the house and was initially the prime suspect in the fire. Police later verified her son’s alibi for the night of the fire.

“She was trying to cover up for her son,” he said.

Natola said Hilton had a close relationship with her grandchildren.

“It makes absolutely no sense that a person who was almost obsessively concerned with her grandkids would go ahead and set the house on fire where they lived,” he said.

Sutherland and the two children escaped their second-floor apartment. The first-floor occupants also got out safely. But the five people who lived on the third floor all died of smoke inhalation.

Killed were: Heriberto Feliciano, 34; his wife, Sonia Hernandez, 32; their daughters, Sonia, 12, and Maria, 13; and their niece, Glorimar Santiago, 11. The couple had moved to the mainland United States from their native Puerto Rico about 12 years earlier. Attempts to reach relatives in Puerto Rico were unsuccessful.

Sutherland, who is now married and lives in Lynn, is expected to be a key witness for prosecutors. She did not return a call seeking comment. It is unclear whether Loayza will be called to testify. Natola said Hilton has not seen him in years and does not know where he is.

Natola said he will also argue that Hilton made the statements involuntarily. Shortly after her arrest, she was found incompetent to stand trial after she said her cell was “haunted” and she saw “spirits.” But later, psychiatrists deemed her competent, meaning she could understand the charges against her and assist her attorney with her defense.

Cassidy, the law professor, said the passage of a decade could hurt the prosecution’s case.

“The longer the time passes between the event and the trial, the more likely witnesses can get sick, die, move, come to court but have failed memories, get into trouble themselves … that’s where it’s a real risk for the government to wait this long.”

Essex District Attorney Jonathan Blodgett said the delay was unavoidable.

“We would have liked to have tried the case sooner, but we respect the process and the defendant’s rights,” he said.

Copyright 2009 The Associated Press.

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Mom charged in Ky. fire that killed her 2 children

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Posted on 18th November 2008 by Gordon Johnson in Uncategorized

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Date: 11/18/2008

By KRISTIN M. HALL
Associated Press Writer

A soldier’s wife has been charged with setting a fire at their Kentucky Army base home that killed her two young children.

Billi Jo Smallwood, 35, also faces a federal charge of attempting to destroy a residential facility for members of the U.S. Army that caused the death of two minors, the U.S. Attorney’s Office announced Tuesday.

The May 2007 fire at Fort Campbell killed 9-year-old Sam Fagan and 2-year-old Rebekah Smallwood, and injured her husband, Army Spc. Wayne Smallwood. The Smallwoods’ infant daughter, Nevaeh, was not injured.

Billi Smallwood, of Brunswick, Ga., who is in federal custody, could face execution or life in prison if convicted. She does not have an attorney, a spokeswoman for the U.S. Attorney said.

The fire broke out in a two-story housing unit where six families lived in a housing development called Lee Village that dates to the 1940s and was in the process of being torn down. About 10,000 family members live in housing on the sprawling base that straddles the Tennessee-Kentucky state line, according to the most recent Fort Campbell fiscal report.

The federal grand jury indictment said Smallwood planned to set the fire with the intention of causing a person’s death. The U.S. attorney did not say who she was targeting and the full indictment was not yet available.

Cathy Gramling, a spokeswoman for Fort Campbell, said Smallwood’s husband is still assigned to the base but had no further comment.

Dawn Masden, a spokeswoman for the U.S. Attorney’s Office in Paducah, said Smallwood was scheduled to appear for a hearing Tuesday afternoon, but was unsure if a judge would decide then whether she would remain in custody.

She also has an arraignment scheduled before a U.S. magistrate judge on Dec. 10.

Copyright 2008 The Associated Press.

Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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