2 NYC tenants acquitted in firefighter deaths

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Posted on 14th February 2009 by Gordon Johnson in Uncategorized

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Date: 2/14/2009

By COLLEEN LONG
Associated Press Writer

NEW YORK (AP) — Two tenants were acquitted Friday of creating a deadly maze of illegal walls in their apartment building, forcing two firefighters responding to a blaze to jump to their deaths.

Caridad Coste and Rafael Castillo had faced manslaughter, criminally negligent homicide and other charges that could have resulted in up to 15 years in prison. A second jury considering similar charges against the building’s former and current owners was to resume deliberations Tuesday morning.

The courtroom was packed with uniformed firefighters and the widows of the victims when the verdicts were read.

“New York City firefighters are disgusted that our safety has been so easily disregarded in this case,” said Steve Cassidy, president of the Uniformed Firefighters Association. He called the acquittals “an absolute disgrace.”

Six firefighters were trapped in the building on Jan. 23, 2005. Two of them, Lt. Curtis Meyran and firefighter John Bellew, died after jumping from a fourth-floor window. Two others who jumped survived.

After the verdicts were read, widow Eileen Bellew put her head in her hands and sobbed.

Jeanette Meyran, looking stoic and wearing her husband’s firefighter jacket, said she didn’t want to stay for the second jury because she anticipated another acquittal.

“It’s unbelievable,” she said. “You can’t just do what you want because then you put people in harm’s way. And for what? More money? There was no doubt that those walls led to his death.”

Coste and Castillo were accused of illegally subdividing their apartments to make bedrooms for renters. Firefighters testified during the trial that the shoddy construction made the building a deathtrap.

“Notwithstanding this verdict, the issue of illegally subdivided apartments or houses remains a grave threat to the public as well as to firefighters,” Fire Commissioner Nicholas Scoppetta said in a statement.

With flames licking at their bodies and black smoke making it nearly impossible to see, four firefighters jumped from a fourth-floor window including Meyran, 46, and Bellew, 37.

The case highlighted the persistent fire hazard of using temporary walls for illegal apartment conversions — a common problem in a city where rents are high and space is always in demand.

Coste wept with joy after the verdict, and her attorney showed off thin ropes that he said would have saved the firefighters had they been distributed.

“I feel for them,” she said of the firefighters’ families. “Because they were defending us. But we aren’t to blame for a lack of water or freezing temperatures that made getting water impossible, or that they didn’t have ropes.”

Castillo said of the firefighters: “They are heroes. And I know what happened was a tragedy. But it was not our fault. It is a shame.”

Copyright 2009 The Associated Press.

Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Trial begins for man accused in deadly Calif. fire

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Posted on 23rd January 2009 by Gordon Johnson in Uncategorized

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Date: 1/23/2009

By GREG RISLING
Associated Press Writer

RIVERSIDE, Calif. (AP) — A prosecutor said Thursday that an auto mechanic was “a man bent on destruction” who ignited a wildfire that killed five U.S. Forest Service firefighters in 2006.

In opening statements for Raymond Lee Oyler’s murder trial, Riverside County Deputy District Attorney Michael Hestrin told jurors that Oyler was a serial arsonist who set 25 blazes, including the Esperanza fire, and sometimes as many as three a day during 2006.

Hestrin said Oyler was “a man bent on destruction … a man wanting to be so important, he unleashed disaster on five men.”

Oyler, 38, has pleaded not guilty to 45 counts including murder and arson. He claimed he had been watching his 7-month-old child at home and then went to a casino when the Esperanza fire began on Oct. 26, 2006, as fierce Santa Ana winds roared through Southern California.

If convicted, he faces the death penalty.

The firefighters were overrun by a fierce fire as they defended a home in Twin Pines, a remote and rugged area about 90 miles east of Los Angeles. The fire destroyed 34 homes and 20 outbuildings, and charred more than 67 square miles.

Prosecutors said at most of the sites where fires were set, authorities found wooden matches bundled around or laid over a cigarette. The lit cigarette was a “timing device,” allowing an average of 10 minutes before the matches would be sparked, Hestrin said.

He added Oyler also was tied to two fires through DNA evidence found where the blazes started.

Hestrin said that during one of the fires Oyler is suspected of starting, a camera recorded the defendant’s car coming into and leaving the area. Investigators searching the vehicle found a wig, clothing and a slingshot that appeared to have burn marks on it, Hestrin said.

Fire officials had set up hidden cameras at several sites where they believed fires might erupt.

Defense attorney Mark McDonald said in his opening statements that the prosecution had neither DNA evidence nor witnesses to connect Oyler to the Esperanza fire.

“You will only hear theories,” McDonald said. “This may be just hopefulness that someone will be held accountable for Esperanza.”

The attorney said he would call an arson expert to testify that more than one person was likely responsible for setting the fires because different types of incendiary devices were used.

“They are not in compliance … with someone we would call a serial arsonist,” McDonald told jurors.

McDonald has been fighting to admit into evidence that a Forest Service investigation found another possible arsonist — a firefighter who worked in the area when the suspicious fires started.

Firefighters Jason McKay, 27; Jess McLean, 27; Daniel Hoover-Najera, 20; Mark Loutzenhiser, 43; and Pablo Cerda, 23, died in the fire.

The trial court was scheduled to hold a motions hearing Friday, and testimony was expected to resume Monday.

Copyright 2009 The Associated Press.

Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

http://subtlebraininjury.com :: http://brainanatomyguide.com :: http://car-accident-rain.com :: http://tbilaw.com
http://waiting.com :: http://vestibulardisorder.com :: http://carbonmonoxide-poisoning.com
http://youtube.com/profile?user=braininjuryattorney