In the past few months, three different arson convictions in Massachusetts have been challenged by nationally recognized fire scientists. These scientists point out that certain patterns thought to be present only in intentionally set fires are now known to occur in accidental fires as well.
In 1991, a scientific manual was published that pointed out these misconceptions. Ever since, the number of fires determined to be arson steadily declined in Massachusetts. Between 1984 and 2001, the number of fires ruled arson declined by 70%,while the total number of fires stayed relatively the same.
State Fire Marshall Stephen D. Coan credits this noticeable decrease to better fire science education and increased visibility of law enforcement.
John Lentini, one of the nation's most prominent fire scientists, says "there were a lot of accidental fires determined to be arson that weren't. I don't know any other way to interpret this dramatic decline."
Barry Scheck, co-founder of the Innocence Project, has urged prosecutors to go back and examine their old arson cases. Sheck believes that this obligation arises from knowing about the unreliabitliy of arson science. However, Coan says such reviews would be unnecessary.
One of the cases currently being questioned is the Lowell fire of 1982, for which Victor Rosario is serving a life sentence. NEIP has previously posted a blog detailing the problems with Rosario's conviction.
Another case is the conviction of James Hebshie in 2001. Hebshie ran a convenience store within an office building in Taunton, Massachusetts. After a fire consumed the whole building, Hebshie was convicted of the crime. Lentini has reviewed Hebshie's case and believes that the fire investigator got it wrong. He points out that Trooper David Domingos's determination that the fire started in Hebshie's store is inconsistent with the fact that the fire was blazing behind the walls on the opposite side of where the fire allegedly started. Lentini states, “The methodology used to determine the [fire’s] origin was outdated.’’
NEIP attorneys worked in conjunction with Hebshie's private counsel on his motion for a new trial, which is currently awaiting a decision in US District Court.
Nicas, Jack. "Scientists challenge Massachusetts arson convictions." September 8, 2010. http://www.boston.com/news/local/massachusetts/articles/2010/09/08/scientists_challenge_massachusetts_arson_convictions/
NEIP provides pro bono legal assistance to inmates who have claims of actual innocence. NEIP's mission is to represent persons wrongly convicted in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island or Vermont and to advocate for the reform of our criminal justice system.
Showing posts with label Victor Rosario. Show all posts
Showing posts with label Victor Rosario. Show all posts
Thursday, September 9, 2010
Monday, July 12, 2010
Incarcerated but Free
Last Friday, Victor Rosario became one of the first Massachusetts inmates to be ordained as a minister while incarcerated.
Rosario is serving a life sentence for arson in connection to a 1982 Lowell fire that killed 8 people. Rosario was present at the scene of the fire and heard cries for help coming from the burning building. He was 24 years old at the time and had abused alcohol for most of his life. Just hours after the horrible fire, Rosario sought the help of a local minister. “When he was praying for me, I went down to the ground, and I felt this kind of peace in myself,’’ Rosario said in an April prison interview. “Like a Christian person, … you’re reborn, I felt that peace in me and I went back with the Bible thinking Sunday I would be in church.’’
Rosario, however, was in jail by Sunday and has remained behind bars ever since. During his incarceration, Rosario has run marathons, mentored fellow prisoners, and married. While still physically incarcerated, Rosario says he is mentally free from drugs and alcohol. Rosario writes, “I believe that God has called me to prison ministry. I also believe that one day I will be a free man and able to minister both inside and outside these walls that currently confine me.’’
Two weeks ago, a Boston Globe article highlighted numerous shortcomings in the investigation that raise serious questions about the validity of Rosario's conviction. Rosario's legal team is expected to file a motion for a new trial later this summer.
Nicas, Jack. "Behind bars, convict's spirit is free." http://www.boston.com/news/local/massachusetts/articles/2010/07/11/behind_bars_convicts_spirit_is_free/
Rosario is serving a life sentence for arson in connection to a 1982 Lowell fire that killed 8 people. Rosario was present at the scene of the fire and heard cries for help coming from the burning building. He was 24 years old at the time and had abused alcohol for most of his life. Just hours after the horrible fire, Rosario sought the help of a local minister. “When he was praying for me, I went down to the ground, and I felt this kind of peace in myself,’’ Rosario said in an April prison interview. “Like a Christian person, … you’re reborn, I felt that peace in me and I went back with the Bible thinking Sunday I would be in church.’’
Rosario, however, was in jail by Sunday and has remained behind bars ever since. During his incarceration, Rosario has run marathons, mentored fellow prisoners, and married. While still physically incarcerated, Rosario says he is mentally free from drugs and alcohol. Rosario writes, “I believe that God has called me to prison ministry. I also believe that one day I will be a free man and able to minister both inside and outside these walls that currently confine me.’’
Two weeks ago, a Boston Globe article highlighted numerous shortcomings in the investigation that raise serious questions about the validity of Rosario's conviction. Rosario's legal team is expected to file a motion for a new trial later this summer.
Nicas, Jack. "Behind bars, convict's spirit is free." http://www.boston.com/news/local/massachusetts/articles/2010/07/11/behind_bars_convicts_spirit_is_free/
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