> > Yeah, that's a bit of a problem. I think you'll recall my post a while
back
> > about how all the handbooks of arson investigation, particularly
regarding
> > various accelerants, are being rewritten because many were based on
> > anecdote, not science. The most damning was the discovery that what
> > investigators had previously classified as accelerant trails on the
floor
> > were actually a peculiar distillation effect of the hot gas from melted
> > plastic furnishing condensing when they met the cooler floor surface.
They
> > discovered this after one of the many test fires they set at the nearby
Fire
> > Institute at UMd.
> Which is breathtakingly beside the point in this case because of
"Breathtaking?" Either you are easily impressed or you watch too many shows
on Lifetime. Please don't start to "giggle" like a geisha next. (-:
> (1) as you yourself noted the science is better and (2) we are talking
> about an explosion where the plastics melting is not a factor.
The comment was meant to illustrate that accident investigation theory is
undergoing a profound change and that principles that had been accepted for
decades are being cast aside. If there was any sort of fire, plastic
melting could be a factor depending on what kind of ignition system was
used.
If you followed the investigation of the San Bruno blast of the 30" high
pressure main, you'd know that the forensics of gas explosions is undergoing
change as well. It took quite some for experts to discover the possible
causes of the failure and ongoing civil litigation reveals there's still
doubt about whether it was a failed weld or corrosion (caused by impurities
and condensation that pooled in an improperly sloped section of the pipe).
As always, the potentially negligent parties deny any role in the explosion.
<< in a filing in San Mateo County Superior Court last Tuesday in response
to more than 100 lawsuits seeking millions of dollars in damages, PG&E's
lawyers took a more combative stance. The company said it should not be held
liable for the disaster because "unforeseeable, intervening and/or
superseding acts of persons or entities" other than PG&E caused the blast.>>
http://www.sfgate.com/bayarea/article/In-court-PG-E-deflects-blame-for-San-Bruno-blast-2355029.php
Civil litigation concerning these sorts of disasters serves to illustrate
the rather wide range of opinion that accident investigators have because
multiple litigants all have their own expert witnesses. In a criminal case,
there's usually the state v. the defendant. In a big explosion, their may
be 5 to 10 defendants and their experts will have slightly (or wildly)
different theories as to the cause of the explosion.
> > These cases are hard to prove (beyond appeal) because it's rare they can
> > find a witness or a CCTV recording showing the defendant setting the
fire.
> > After a decade of CSI watching, jurors come to expect evidence that
exists
> > only on TV shows. No witnesses, to a good lawyer, is almost all the
> > reasonable doubt you need. As you noted, when the crime scene is blown
all
> > to hell and evidence has not been collected with the same care as it
would
> > in a typical murder crime scene, you've got another evidentiary hill to
> > climb.
>
> This was treated as crime scene from the get go.
You were there? (-: In my experience the larger the crime scene, the
harder it is to control. Whenever fire and rescue are involved searching
the scene for possible survivors, a good attorney can cast doubt on any
evidence found perhaps days later. Look at the Travon Martin shooting. Not
a very well-secured crime scene and that's become a big issue in that case.
Accidental contamination of the crime scene is sadly the rule, not the
exception. At least from what I've seen. Neighbors, EMT's, lookie-lous,
etc. Remember, I'm talking about *good* lawyers. The odds are if this was
an arson-for-profit crime the defendants don't have any money to pay a real
attorney. Most likely they'll get a public defender with no budget to rebut
the state's expert witnesses.
> > These people were out of town, apparently, when it happened. Making it
even
> > harder for a jury to convict unless a timer device with a direct
connection
> > to the defendant is found. Plenty of people I've seen post on Usenet
> > wouldn't hesitate to "Ben Quick" one of their neighbor once they
realized
> > they weren't home. As other posters have noted, some of those evil
people
> > have immolated themselves along with their target. As my WWII vet
editor
> > told me: "Never underestimate stupidity." If in doubt, see the thread
where
> > two of our regulars are arguing who is more stupid. (-:
> Harder but not impossible. Actually some sort of timer or other
> ignition device was probably viewed as a requirement from the getgo.
Arsonists are inventive. In Boston, investigators were stumped for quite
some time by a professional arsonist who used gasoline soaked rats in a cage
that he lit on fire as he released them into a building he wanted to burn.
Very, very little in the way of forensics because almost all abandoned
buildings harbor rats and there was no mechanical igniter. The gasoline
used was not enough per rat to trigger the hydrocarbon "sniffers" used by
arson investigators.
The case broke only because a cop saw a flaming rat running across the
street in front of his patrol car just *before* a building erupted into
flame and saw the arsonist's van peel out. Usually the rats would run into
the building looking for hole or some sort of cover, but this rat ran out of
the building instead. Of course, he was a professional (the arsonist, not
the rat!). The Indiana people are likely amateurs who often fold under
interrogation. These are the kinds of cases where the DAs really, REALLY
want a confession because of the evidentiary problems that arson cases often
present.
--
Bobby G.