Defense Motion For Directed Verdict Denied In Arson Trial

Kosciusko Superior Court I Judge Duane Huffer abruptly denied a motion Tuesday evening for a directed verdict in the case against John Baker.

Baker, 35, is on trial for arson, accused of setting fire to his Wilcox Road home on Feb. 4, 1997, to garner funds from an insurance policy. The home and contents were insured for a total of $166,250 and the real estate was assigned to a realtor a day prior to the fire with an asking price of $95,900.

Jay Rigdon, Baker's attorney, asked for the directed verdict - a not guilty verdict - from Huffer, alleging that the state did not prove its case because witnesses could not positively rule out all causes except arson for the fire.

Chief Deputy Prosecutor Byron Tinkey countered that a lot of evidence was presented indicating that the fire was intentionally set, that it was obvious the property sustained damage and the reason for the fire was to benefit from a recently increased insurance policy. Baker has a lawsuit pending against Allstate seeking payment under the policy.

Tinkey also pointed out that arson cases are often tried strictly on circumstantial evidence.

During testimony Tuesday, two fire investigators from Barker-Herbert Analytical Laboratories at New Haven, as well as a State Fire Marshal's Office investigator took the stand to offer their opinions as to the cause of the fire and all testified as experts in their field.

Both Brian Reese and Steve Shand of Barker-Herbert said it appeared the fire was incendiary in nature, or that they believed the fire was intentionally set, and that continuous burn patterns indicated a liquid accelerant running from the exit door to the water heater, from the water heater to the kitchen door and across the floor in front of the washer and dryer. Additional such burn patterns were found in the kitchen and a doorway between the kitchen and living room.

They both also admitted under cross-examination that conditions presented by Rigdon in hypothetical situations indicated a fire could accidentally ignite from the pilot light or burner of a normally operating water heater if there was a build-up of fumes in a room.

Reese and Shand also testified that the burn patterns on the floor of the utility room - where it was determined the fire originated - indicated a downward pattern, a condition pointing toward use of a liquid accelerant. In a "normal" fire, the fire burns upward and outward, Reese and Shand testified.

Samples taken from the scene and analyzed at Barker-Herbert labs indicated a presence of turpentine, which both men said is not an unusual substance to be found naturally occurring in some types of wood. There was not an unusual amount of turpentine and no other chemicals were detected.

However, Reese and Shand said, liquid accelerants tend to burn quickly and are typically consumed by the fire with no residue remaining.

Rigdon challenged the credibility of Fred Sumpter of the State Fire Marshal's Office, alleging he didn't follow National Fire Protection Association guidelines by actually visiting the fire scene and questioning why it took nine months for him to file his official report.

Sumpter said the NFPA guidelines are not mandatory and are simply guidelines vs. standards, which are mandatory procedures to be followed. Also, Sumpter said, his work covers the 13 largest counties in northeastern Indiana and this was not the only fire investigation he was working on in 1997. He said it is not unusual for such an investigation to take six to nine months.

Rigdon further tested Sumpter concerning his training since he worked for Herb Miller & Associates, a private cause and origin group for insurance companies - including Allstate - prior to his employment as a state fire investigator. Sumpter said that while he received some training at Herb Miller & Associates, he has subsequently gotten training elsewhere.

Also testifying Tuesday were firefighters from Warsaw and Winona Lake fire departments and the owner of a shop Baker visited after leaving his home about 3 p.m. Feb. 4 (the 911 call regarding the fire was made at 3:18 p.m.)

The state rested its case shortly before 5 p.m., with proceedings reconvening at 9 a.m. today for the defense to present its case. Evidence is expected to concluded later today, with closing arguments slated for Thursday morning before the case is turned over to the jury comprising nine women and three men.