"Since
the day he was accused of setting fire to his Roanoke home and killing
his two young children in 1987, Davey Reedy has proclaimed his
innocence. “I know with all my heart and all my belief on my
children’s grave, before it is all over with I will prove my innocence —
if I survive,” Reedy told the court before his sentencing. This week he was finally vindicated by Gov. Terry McAuliffe (D), who granted Reedy a rare absolute pardon six years after his release from prison. The
governor said he was convinced that the jury relied on flawed forensic
analysis about the fire when they decided Reedy caused the deaths of his
4-year-old daughter and 2-year-old son. Reedy’s case is among several
nationwide in which older methods of determining whether a fire was
arson have been discredited or called into question. Reedy’s
prison warden was the first to wonder if he was telling the truth about
the early-morning fire. A psychiatrist who saw him before the trial and a
prison psychologist who saw him after his trial also came to question
the conviction. Then, in 1999 a Roanoke Times article, “Did Davey Reedy Really Do It?”,
caught the eye of a former public defender. Roberta Bondurant
shouldered Reedy’s appeals for 10 years, much of it pro bono, until she
felt her efforts had been exhausted. It was about when her husband,
former federal prosecutor Thomas Bondurant, was leaving the U.S.
Attorney’s Office for private practice. Eventually, he was able to get a
parole investigator, Trudy Harris, to have the Division of Forensic
Science send the initial arson findings to a board of three experts.
They agreed: The analysis was incorrect. “It’s pretty remarkable how one person after another stepped up to help Mr. Reedy,” Roberta Bondurant said. In
early appeals, Bondurant emphasized the possibility that Reedy’s
ex-wife set the fire, as well as other explanations for gasoline that
authorities said was found on his shirt. But Bondurant said she was
always suspicious of the forensic testimony as well. “A
lay person could see that it wasn’t scientific,” she said. She had
marshaled the help of investigators from Combustion Science &
Engineering, who alerted fire expert John Lentini. Eventually, challenging the arson finding became the focus of the case. “People
tend not to challenge the forensic science because they believe ‘Oh
this is chemistry, it’s infallible,’ ” said Lentini, who runs a private
fire investigation business in Florida. “But we know that it’s just not
true.” There was no proof of gasoline on Reedy’s shirt or the
home’s floor, Lentini found, and the state ultimately agreed. The
minimum characteristics needed to make that finding, he said, simply
weren’t there. Burn patterns that initial investigators claimed showed
signs of arson were, he said, based on old misconceptions about how fire
works as well as how houses are made. For example, burning plastic
gives off the same chemicals as gasoline, and wood products often
contain petroleum. Natural flames can cause spontaneous combustion
called “flashover,” long thought to be a sign of an intentional fire. “The old fire science was like . . . reading tea leaves,” Thomas Bondurant said, “old wives tales about how things burn.” The case is one of 56 arson convictions Lentini has been involved in fighting. Another was a 1980 Brooklyn townhouse fire
whose alleged instigators were exonerated last week. One died in
prison; the other two served for decades for deaths that officials now
say were likely accidental. Before the 1990s, many gasoline
assessments were made by chemists untrained in fire science, Lentini
said. A 1980 “Fire Investigation Handbook” produced by the National
Bureau of Standards actually spread myths about reading fire patterns. A
1992 guide published by the National Fire Protection Association
debunked many of those myths, but it has taken years for officials to
accept that change. Lentini estimates that about a couple of
hundred people are imprisoned because of bad arson science. The number
is based on the results of a statewide review done by Texas in response
to the case of Cameron Todd Willingham,
who Lentini and many other fire experts believe was executed based on
inaccurate arson forensics. Working with the Innocence Project, the
State Fire Marshal’s Office surveyed all 1,085 arson convictions in
Texas and found eight that should be reexamined. “Things are improving,” Lentini said, but “there are more cases that need to be challenged.” According
to the National Registry of Exonerations, 38 people have been
exonerated before Reedy for arson-related crimes since 1991."
https://www.washingtonpost.com/local/public-safety/citing-flawed-forensics-va-governor-pardons-man-who-spent-years-in-prison-in-deadly-arson-fire/2015/12/24/357edde6-aa7d-11e5-8058-480b572b4aae_story.html