Author Topic: wrongly accused  (Read 22192 times)

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wrongly accused
« on: June 11, 2004, 07:32:01 AM »
I am in need of assistance from a qualified expert.

I  have recently been convicted of arson in a Danish magistrates court, for a fire that occurred in our family home in September 2002.
 
I have of course appealed against the conviction as I am genuinely innocent.
 
The Danish police believed that the motive was an economic one, this was totally disproved in court, ( our assets far outweigh our liabilities even though our house has burnt down). So I was convicted on the strength of the technical "evidence" provided by the Danish police.
 
Although it is probably not relevant, I would just like to add that I am English, married to a Danish girl, and we have two children. I am an advertising photographer and my wife is a physiotherapist.
 
The police technician (Eric Jensen) that conducted the technical investigation has the following qualifications; he is an ordinary police officer, with a background as an electrician, and has been on a three week course in arson investigation, followed by subsequent refresher courses.
 
His "evidence" that convicted me is as follows :
 
1. Six samples were taken to find out if an accelerant was used, no blind tests were taken. one of the six proved positive for traces of petrol (gasoline) this was test number one, taken ten minutes after the same man had taken samples from my motor mower and a jerry can in the carport. There was two inches of water on the floor of the house, from the fire-fighters hoses and the positive test was taken from the bottom of a burned out piano. I have been told that the gas chromograph in question shows fresh petrol, with no pollution or evaporation of the lighter components, this strikes me as unusual, as just above where the sample was taken (two meters) large steel girders were deformed and were sagging down about 50 cms out of line, I believe this means temperatures in excess of 800 Celsius?.
About one meter from where the positive petrol sample was taken, were the following chemicals, approx. 5-6 litres of turpentine, 4.5 litres of linseed oil, two litres of oil based gloss paint,water based paint, and silicone filler. ( I was in the process of redecorating the room ) all of the furniture was moved to the centre of the room, and was covered with heavy duty plastic, to protect it from paint splashes, dust, etc. the windows in the room were removed for ease of painting. none of the chemicals were present on the gas chromograph.
 
2. The floor is made of concrete covered with Italian ceramic tiles 30 x30 cms, with no fabric or carpet coverings, in some places these ceramic tiles have cracked and loosened, the police investigator testified in court that this was a sure sign that accelerants were used. He added that the fire had one large point of origin, and was a " typical purposely set fire" (arson attack). He has also stated that for the fire to be this intense, large quantities of petrol must have been used ( 20 litres or more ). I was wearing my underpants and nothing else at the time, wouldn't that much petrol explode?
 
3. An expert from the Danish Institute of technology, when asked if it was possible to transfer measurable amounts of petrol via mud or water on shoes, testified that it was possible only if large amounts of petrol were present. He stated that shoes would have to be soaked in petrol for this to happen. ( The reason we asked was that a large 4 stroke Honda brush cutter had been knocked down by a fireman's water jet, the plastic petrol pipe had burned through, spilling petrol about 8 meters from the room where the positive result was found).
 
4. In Denmark, apart from the police, there is only one institution that can investigate this type of incident and that is the government funded Institute of Technology, my lawyer asked them for a meeting in order to obtain an independent evaluation at first they agreed, then a few days before the meeting, they phoned to say they were unable to help, as 90% of their work was for the Danish police. This leaves me with a dilemma, the courts here seem to trust the police 100%, and believe that they are infallible.
 
The reason that I am writing this is that I need some answers that may help to prove my innocence, so please, if you could find a few moments to answer the following questions I would be extremely grateful
 
1. Is it normal to take blind tests when testing for accelerants ?
 
2, What are the chances of cross contamination between the samples from the carport, and the first test in the house?
 
3. Is it possible that petrol can remain unchanged after 8-9 hours, subjected to extreme temperatures and the above named pollutants?
 
4. Is the fact that some ceramic tiles are cracked indicative of the fact that accelerants were used?
 
5. Would 20 litres of petrol explode on ignition ( The ambient temperature that night was 13-15 degrees C.)
 
6. When asked in court, about the amount of petrol present in the positive sample, the answer was that it was small but measurable,
    therefore would it not be possible, for a small amount transferred on a shoe or mud to give a positive result?
 
7. Kan flashover occur when there are open windows and internal doors?
 
 
Nick Halsey

Offline wee brian

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wrongly accused
« Reply #1 on: June 11, 2004, 09:24:50 AM »
I can answer 7

In a domestic size room you pretty much need the windows to be open in order for flash over to occur.

Otherwise the fire will not have sufficient oxygen.

There are several independant UK fire investigators who could probably help. The only name I can remember is Burgoynes;

http://www.burgoynes.co.uk/

Offline ian 2243

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« Reply #2 on: June 11, 2004, 10:29:05 AM »
Nick,
Fire Investigation is a very specialist subject and in reality it is not possible to answer your questions via this forum without access to the physical evidence and police reports.
Wee Brian is right you need to contact a fire investigator who may help you counter their evidence.
The FireNet site has a few helpful sections under arson control which may be of help.
I am not sure of Scandivian politics but Lund University in Sweden is regarded as one of the worlds foremost authorities in fire related topics. They have an internet site which you can contact them through. There is also the Arson Control Forum in the UK and they may be able to point you in the right direction.
Sorry could not be more help but there really are too many variables and as is often the case fire indicators are misunderstood or misread.
Ian

Guest

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wrongly accused
« Reply #3 on: July 16, 2004, 07:46:10 PM »
Nick,
 Post your question on: http://www.forumworld.com/arson-investigations/list.php?f=1

I think you'll get some interesting answers.

Steve Corwin

Guest

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wrongly accused
« Reply #4 on: July 21, 2004, 07:51:10 PM »
Nick,
as you can see from some of the replies, Fire Investigation is a complex subject and sometimes open to interpretation. That is why it should only be carried out by people with appropriate experience and qualifications. I have appeared as an expert witness in the UK for the prosecution in this field. I can give you my view on some of the points you make but it is essential to be at the scene and/or in possesion of all relevant materials.
1.You can usually identify from burn patterns where accelerants have been used and test accordingly.
2. Cross contamination can occur. Gas chromatography is extremely sensitive and will detect tiny amounts. How were samples taken from your other sources. Did the person taking samples take them in properly recognised method? If this person spilt petrol on themselves from outside then entered the property of course contamination of the scene will occur. It is impossible to visit a scene and not take something to it or to remove something from it, (documented:Professor Ferguson). I would have done the scene first.
3. Probably not but I'm not an expert in this area.
4.Not in itself. It is however evidence that there has been a degree of heat but I guess you know that from the scene.
5.Probably, and quite spectacularly. 20 litres of petrol is a LOT in a confined space. If this amount of petrol explodes in a room and your are in it you are most likely going to die.
6. See 2 above.
7. Yes. I have seen flashover occur in an open sided structure. Also seen in the Bradford Football Club fire.
I suggest you get some expert advice and representation!

Offline Jim Munday

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wrongly accused
« Reply #5 on: July 26, 2004, 08:29:59 AM »
You are in need of a genuine expert to assist.  Generally these don't come cheap (just a word of warning!) and there are some charlatans around so be careful.  However, on the face of it the police technician has made a number of unwarranted and unproven assumptions and the scene examination methodology leaves a lot to be desired.  It is difficult to comment on the analytical results without seeing the data.  Since I now practice mainly in Australasia, although I could take this on it might be difficult logistically.  I would therefore recommend you contact one or more of the following for advice and assistance:
Gardiner Associates (www.gardinerassociates.com) have a number of consultants with internationally renowned expertise in such matters, including Dr John DeHaan who wrote THE textbook on the subject;
Andrew Wade (andrew_wade@btconnect.com) is an ex-colleague of mine now in private practice and dealing with this sort of thing regularly;
Forensic Access (www.forensic-access.co.uk) also have experts in this field
If none of these can help you, please feel free to contact me and I'll see where we can go with it.

Chris Houston

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wrongly accused
« Reply #6 on: July 26, 2004, 07:07:20 PM »
Our people use Burgoynes.

http://www.burgoynes.com/

Guest

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« Reply #7 on: August 02, 2004, 01:00:03 PM »
It is questionable that a police officer is qualified to undertake such investigations owing to the experience and qualifications he has obtained in this field. A two week arson investigation course isnt a satisfactory indicator to his level of competence.

Im sure he is an exellent officer but frankly he is not a fire investigator

John Horswell

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« Reply #8 on: February 09, 2005, 10:12:58 AM »
Nick

There is not much I disagree with that has been said and posted to you.

You do need someone to look critically at the evidence against you and prepare a response.

We can assist if necessary but will need time and this will of course be expensive.

If you need to pursue this issue or need further advice I can be contacted on forexec@optusnet.com.au

I am a retired Forensic Scientist who is currentl active in fire investigation in Asia.

Regards

Joh Horswell MSc FSS Dip FRACI C Chem FIFireE FAIM Churchill Fellow (Fire and Arson Investigation)

Pat

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« Reply #9 on: April 27, 2005, 04:07:54 PM »
I suggest that you contact a very good investigator I know who trades as Forensic Science Investigations. He is not cheap, but he is an acknowledged expert extensively used by the UK Police. He can be contacted at rodger@hope-ide.fsnet.co.uk

From your description the police experts evidence would not have met the requirements for forensic sampling or control in the UK. In short, I suspect that under our legislation he would have been challenged by your defence and his evidence discredited. You should have had your own expert from the start to challenge this successfully.

Sean D.

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« Reply #10 on: May 06, 2005, 12:42:12 AM »
My background in this field is 31 years service in Glasgow and Strathclyde Fire Brigades. I retired as a senior officer at the end of 1992. I have some experience of investigating fires, mostly in the middle 1980's, however if I can point you at a few things. First, By petrol I assume you mean petroleum motor spirit. Petrol does not explode, the vapours may ignite and burn quickly and violently, but petrol of itself is not an explosive substance. Explosive substances burn completely self contained, petrol requires the support of oxygen or a similar gas to support combustion. (It burns even better in the presence of nitrous oxide) Residual contamination of petrol on a ceramic tiled floor would depend on the porosity of the floor. Petrol is lighter than water and although some slight traces would remain on the floor surface I think it is very unlikely that substantial and complete samples would remain on tiles after being subjected to severe heat, although this would depend on the porosity of the materials, including the grout and fixing adhesive. The amount of heat required to damage and or loosen tiles would depend on all of these, including the tiles resistance to heat. Sometimes tiles will be loosened and damagen by differential expansion, as heat travels through the substance. A sample would need to be tested with the particular accellerant identified, and in the particular circumstances. Petrol subjected to heat normally fractionates further with the lighter fractions disappearing first. (petrol is produced as a fraction of crude oil) Where accellerants are used on a porous surface they will normally penetrate that surface (dependant on viscosity), the surface then acts as a wick, and the the heat will even cause concrete to spall. You do not say if the turpentine or flammable paints were involved. Members of the terpen family give off very flammable vapours when subjected to heat. Where a crude accellerant (Petrol) is used to increase the intensity of a fire you will normally smell it during firefighting. 13 to 15 degrees C is sufficient for petrol to give off flammable vapours, although no high enough for spontaneous ignition to occur. Petrol has a higher spontaneous ignition temperature than diesel fuel.
Sorry I am so out of date. Beware of "experts" especially in this field.
Without having detailed knowledge of the conduct of the actual sampling procedure it is impossible to comment, however, it would be up to the prosocution to prove the integrity of their sampling and testing. Fire investigation courses are all very well, but much depends on the experience and intelligence of the forensic officers.

Offline changeofheart

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« Reply #11 on: November 01, 2005, 05:55:48 PM »
First off I am sorry to hear about what your going through, and I think that i possibly could help you out. I have a friend that that is a Fire Investigator. I will show him your story and have him give you some input on the situation. I am greatly sorry that i can not be of more assistance but this is not my feild of Investigation.

I will get back to you as soon as possible

Offline Dave Townsend

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« Reply #12 on: December 15, 2006, 06:32:47 PM »
Did you find your expert?
If not then call me via website:
www.townsendfire.com