Related
About six hours into deliberations over parts of three days, the jury foreperson submitted to the judge requests for some important details. First, they wanted to get the definition of "reasonable doubt." Second, they asked for documentation of the three areas tested for flammable liquid accelerants.
In his reply, sent back to the jury room, Judge Scott O'Keefe wrote, "It's doubt that would cause a reasonably careful and sensible person to hesitate before acting on a matter of importance."
Two hours later, the jury asked, "If found guilty of arson, can the defendant be found guilty of third-degree murder, or is it automatically second-degree murder?"
O'Keefe replied: "If found guilty of arson, there's no automatic finding of any other charge, including murder. It is for you to determine what, if any, degree of murder. However, arson can be the basis of either second- or third-degree murder."
Regarding the matter of documentation, prosecutors and defense lawyers disagreed on what, if any, testimony or documentation on the original fire marshal's arson report should be provided to jurors.
A prosecution fire investigator testified the fire was set on a sofa and loveseat, and under the dining room table. Defense fire science experts say, even in full-room involvement, everything burns in various intensities, even in accidental fires.