Posts Tagged ‘arson forensics’


NCIP Secures Overturned Conviction for George Souliotes

Jessica — April 24, 2013 @ 10:39 AM — Comments (0)

Last week The Northern California Innocence Project won more than a decade long legal battle for the release of George Souliotes. The NCIP Press Release stated that a California judge overturned his conviction and ordered his release on April 12, 2013 unless the prosecution not only files for a re-trail but also takes the steps to do so within the next 30 days.

Souliotes was convicted in 2000 for a triple murder and arson when a fatal fire in 1997 occurred on a separate property of his in Modesto, California. The fire claimed the lives of three residents. Unfortunately, Souliotes fell victim to a wrongful conviction due to faulty fire science and ineffective counsel at a second trial.

Arson forensics have developed with the progression of technology. The advancement of fire science has allowed for many cases involving arson to be reconsidered. Regarding Souliotes case, an article in The Los Angeles Times stated,

“For decades, fire investigators believed accelerant-propelled arsons left signs: melted steel, glass etched by tiny cracks, certain patterns and markings.

But when the theories were finally tested, scientists learned the conditions also were found in accidental blazes.”

The science provided as evidence in Souliotes’ trial resulted in his conviction and sentencing of three life sentences without parole. Souliotes served 16 years of his sentence before a judge ordered for his release this April. For Souliotes, faulty science was not the only reason the prosecution secured a conviction; the counsel that Souliotes received in his second trial was inadequate in their defense.

The Wall Street Journal describes Souliotes’ counsel claiming,

“His [Souliotes] first trial resulted in a hung jury, after his defense counsel provided a vigorous defense including expert witnesses. At his second trial, however, Souliotes’ defense counsel failed to present a case, called no expert witnesses, and called none of the other fact witnesses who established Souliotes’ complete lack of motive at the first trial.”

With evidence pointing away from arson along with evidence of ineffective counsel, Souliotes’ case began unraveling as the NCIP took on the case to fight to overturn the conviction. The Wall Street Journal continued with a statement from one of Souliotes’ lawyers, Jimmy McBirney stating, “Mr. Souliotes has always maintained his innocence, and the evidence has now proven it. There is absolutely no basis for a retrial, and we look forward to seeing him set free.”

Pictured below is NCIP Press Release photo of Souliotes and the legal team that helped  him gain his overturned conviction. Congratulations to George Souliotes on his release and The Northern California Innocence Project for their success and their hard work on the Souliotes case.

George Souliotes and his counsel

exoneration,Science, , , , , ,


Fire stole his family, forensics stole his life

Jordan — June 13, 2012 @ 9:40 AM — Comments (0)

We want to congratulate the Michigan Innocence Clinic on their recent exoneration of David Gavitt. It is their sixth since they started in 2009. We also want to wish David Gavitt the very best as he begins to rebuild his life.

On March 9, 1985, Gavitt narrowly escaped his burning house while his wife and two young daughters never made it out. His 26 years behind bars rendered him unable to attend their funeral or even visit their graves. So he went straight there when he was released.

Exoneree David Gavitt mourns over his family's grave, for whose murder he was wrongfully convicted.

Exoneree David Gavitt mourns over his family's grave, for whose murder he was wrongfully convicted. ~Courtesy of Detroit Free Press

Ionia County Prosecutor Ronald Schafer accepted the reassessment of old arson forensics. A Michigan State Police crime lab technician erroneously found the carpet in the Gavitt family’s living room to have burn patterns suggesting a flame accelerant like gasoline. The only doubtful shred left in Schafer’s mind is the question as to why Gavitt broke a window in a room that was not his daughters’ bedroom, but rather told his wife to retrieve the girls and bring them to the room he broke the window in.

However when one awakes with his house in flames we must consider the possibility of unclear thought. Quick thinking may have led him to break a window he found clear of the flames. Quick thinking demands action upon opportunity. This little bit of doubt does not stand up to Gavitt’s his signs of desperation during the fire: his deep cuts from breaking the window, his second-degree burns, his clothing worn after breaking out into the wintertime (or lack thereof), and his neighbors having to physically prevent his reentry into the house.

We saw a few weeks ago Cook County (Illinois) prosecutors free James Kluppelberg after his already spent 22 years under the wrongful conviction for setting a fire to kill a mother and five children. His charge was also due to poor arson forensics that are now viewed as flawed. The current understanding of a fire behavior called a flashover–most basically defined as a sudden transition to a fully developed fire by “total surface involvement of all combustible material within the compartment”–now can explain previously thought arson-sourced fires.

It is critically important to be open to understanding what forensic science is telling us and to know that advancements, both in scientific techniques and interpretation of the results, are being made everyday. Arson forensics is a prime example of the limited science that was previously available and has sadly led to wrongful convictions.

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