"Philadelphia
fire investigators had no scientific basis to conclude
that a 1985 rowhouse fire in Oxford Circle was arson, a defense expert
testified about the blaze that killed two boys and sent their father to
death row for their murder. Nationally known fire consultant John
Lentini said that when he heard
that a city fire marshal, and then a second, had identified three
separate points of origin for the fire, "I said, 'He must be magic,
because it can't be done.' "The fire, he said Tuesday in Common Pleas
Court, could have started from a smoldering cigarette. Lentini, head of
Scientific Fire Analysis L.L.C. in Florida,
testified on behalf of Daniel Dougherty, who has been imprisoned for 16
years after being convicted in 2000 of burning the home. Dougherty
insists that he's innocent in the deaths of 3-year-old John
and 4-year-old Daniel Jr., and that he's a victim of now-discredited
ideas about how fires act, grow, and travel. The prosecution in
Dougherty's court-ordered retrial has relied on
the 1985 findings of Assistant Fire Marshal John Quinn, and on this
week's support of those findings by consultant and former fire marshal
Thomas Schneiders. Lentini, who has helped write national standards and
texts for fire
investigation, said they got it wrong. Since the 1990s, investigators
have been lighting test fires -- such as could be started by a dropped
cigarette -- that duplicate the type of damage and burn patterns found
in the Carver Street home, he said. Quinn, who is too ill to testify,
and Schneiders, who reviewed the
case file, said the fire was set in three places -- a sofa, a love seat,
and under a dining-room table. Lentini showed drawings and videos
depicting a fire condition called
full-room involvement -- in which a room becomes an inferno -- and said
it could create the burn patterns that Quinn mistook for arson. The
prosecution says Dougherty set the fire to get revenge on two women --
his girlfriend, Kathleen Schuler, who owned the home; and the mother of
the boys, Kathleen Dippel, from whom he was separated. In anger over
their rejections, he destroyed the house of one and the children of the
other, prosecutors said. The defense contends that the cause of the fire
could not be
determined and that Quinn failed to recognize advancements in fire
science and arson-detection in the 15 years between the blaze and
Dougherty's first trial.........Lentini testified about the twin
phenomena of flashover and full-room
involvement, and how the latter can quickly cause so much destruction
that it's impossible to determine where or how a fire began. That's what
happened in this case, he said. The cause should have been listed as
"undetermined." That Quinn thought he could identify not just one but
three separate
points of origin within the ruins, Lentini said, showed "a very poor
understanding of what's possible in fire investigation." A Tucson test
fire, set in a trailer home in 1992, showed that the
lowest and deepest charring -- long considered the starting point of a
fire -- actually occurred well away from the initial source. Additional
tests showed the same. "This," Lentini said, "has shaken the
fire-investigation community to its bones." Lentini said he has worked
on or knows of 50 cases in which people
have been wrongly accused or imprisoned based on flawed fire
investigations. Around the country, inmates have challenged convictions
they say are based on old, disproved science.........No one testified,
in 2000 or at the current retrial, that they saw
Dougherty strike a match or flick a lighter. No one said he disliked his
children or talked about setting a fire. Dougherty's original trial
attorney failed to challenge Quinn on the
science, which ultimately led an appellate court to grant a retrial."