San Diego Criminal Lawyers Blog
Have you been charged with arson? If so, an emotionally charged trial could be in your future. That’s because when fire destroys property and life itself, it is difficult to ignore the catastrophic impacts. It is up to prosecutors to prove that a fire was intentionally set, and that is generally not as easy as it looks on television.
Questioning the Science
There’s no dispute: fires are destructive. In fact, accidental fires and those intentionally set manage to leave exactly the same kind of damage. Logically, then, it means that evidence relating to the fire’s initiation is destroyed with everything else, leaving experts to make inferences about what happened based on whatever is left. Some critical problems related to fire investigation include:
- The validity of forensic science in this area is questionable.
- Flames, fire retardant, or water used to combat the fire ruins or dilutes evidence.
- Mistaken conclusions related to the cause of the fire are often based on misunderstandings of complicated phenomena associated with fire.
- Fire scenes are often compromised when weather, firefighters, and clean-up crews contaminate the evidence.
- Investigators may lack experience and training in suitable methodologies necessary to reach sound conclusions.
- Conclusions may be tarnished when biased investigators make assumptions about the cause of the fire.
Proving Arson is Difficult
An experienced criminal defense attorney knows that the prosecution must first prove that a crime occurred when charges of arson are on the table. We know that valid peer-reviewed research on fires is in short supply, resulting in erroneous conclusions based on faulty reasoning by officials. The truth is that many experts have concluded that generalizations used to determine that accelerants were used in a fire are simply wrong. Specific findings relating to particular phenomena are often suspect, because they are often misinterpreted. Just a few of these include:
- Burned wood that has blistering;
- Pour patterns;
- Concrete chipping;
- Doorways containing burn marks;
- Crazed glass;
- Melted metal thresholds.
Investigator Reliability
It will be important to carefully examine the credentials of any so-called experts. Any expert witness testifying on the origins of a fire may claim multiple certifications, even for attending just a week-long class and picking up a certificate. The scarcity of reliable methods and principles in the field means that many fire investigators are not actually qualified to draw dependable conclusions. When a witness does have substantial training, or when the training is based on unproven theories, their conclusions cannot be allowed to stand. Additionally, if inferences about the fire were reached based partially on a defendant’s potential motives, criminal record, financial records, or emotional state, it’s a good bet that the science was too weak to rely on by itself.
Fighting for Your Rights
The penalties associated with arson charges are significant. At Boertje & Associates, we know that every defendant is entitled to a vigorous defense, regardless of the charges. To discuss your situation, schedule a confidential consultation in our San Diego office today.