FIRE INVESTIGATION PEER REVIEW:C/O COMMONWEALTH OF PENNSYLVANIA V.DANIEL DOUGHERTY

摘要

This Paper reflects the independent technical review conducted by the author in a case where the defendant, Daniel Dougherty, was convicted of arson and two counts of 1~(st) degree murder. He was sentenced to death and has been on "Death Row" for ten (10) years. In his appeal, he is contending that the effects of "flashover," which were not widely known at the time of the fire, led the Fire Marshal to the wrong conclusion that three separate fires were intentionally ignited. This Review does not question the guilt or innocence of the Defendant, nor is it in any way intended to demean or embarrass any parties involved in this case. It is a professional technical review that seeks to assist the Court in determining if the expert opinions rendered in this case withstand the challenge of reasonable examination based on the "standard of care" in 1985 (when the fire occurred), and in the year 2000 (when the trial was held). At the crux of this Paper, lies a question of validity regarding the arson corpus delicti. It asks, "If the Defense had called an expert witness to testify at trial, and that witness rendered the opinion that the cause of the fire should have been classified as "Undetermined," would the Jury have believed, based on the Fire Marshal's testimony, that an arson was committed"?