"A photo of a singed-but-standing box of Frosted Flakes helped reveal
the 3-decade-old circumstances of a fatal rowhouse fire in Oxford
Circle, a prosecution expert testified Monday. The box's condition and its position in the kitchen helped determine
the fire's path, consultant and former Philadelphia Fire Marshal Thomas
Schneiders said, among factors that proved investigators got it right in
1985 when they said the blaze that killed brothers Daniel Dougherty
Jr., 4, and John Dougherty, 3, was deliberately set. Their father, Daniel Dougherty, was convicted and sentenced to death
for murder and arson in 2000. Dougherty, 56, insists he's innocent, and
hopes advances in fire science will vindicate him. On the sixth day of Dougherty's retrial in Philadelphia Common Pleas
Court, Schneiders said he based his conclusion of arson on old case-file
photos, interviews conducted at the time of the fire, and his own visit
to the Carver Street home. He fully supported the 1985 findings of
Assistant Fire Marshal John Quinn, who said the fire was set in three
places - a sofa, a love seat, and under a dining-room table. "A fire that was intentionally started," Schneiders said. "There was no accidental cause." The defense contends that Quinn had failed to recognize improvements
in fire science and arson detection in the 15 years between the blaze
and Dougherty's trial. The failure of Dougherty's original trial attorney to
challenge Quinn on that point led directly to an appellate court
granting a retrial.........On cross-examination, defense counsel David Fryman asked Schneiders
if fire science had improved between the time of the fire and the first
trial. "In some areas," Schneiders replied. He agreed that although more than 100 photos were taken at the fire
scene, none was shot of the ceiling; and that Quinn never tested a
stereo as a potential source of the fire, having already determined that
the points of origin lay elsewhere. Schneiders agreed that the first-floor living room and dining room
reached what's called "full-room involvement" - an inferno in which a
fire in a room changes to a room on fire. He read, or had read to him by Fryman, sections from the current
National Fire Protection Association guide for scientific investigation
and analysis. It warns that in cases of full-room involvement, damage at the floor
level can be extensive; and that "an area of extensive damage may simply
mean there was a significant fuel package" - such as a piece of
furniture - "at that location." In this case, the cause of the fire is crucial. The defense expects to call its own expert to say the cause of the
fire should have been classified "undetermined" and may have been
accidental. Dougherty, his live-in girlfriend, and other visitors to the home were smokers. Dougherty said from the start that he awoke to a house ablaze, ran
outside, then tried desperately to rescue his sons. His death sentence
was vacated in 2012, becoming a life sentence. The prosecution is expected to rest on Tuesday, the defense to begin presenting its case."
http://www.philly.com/philly/news/20160329_Consultant__Cereal_box_shows_fatal_Oxford_Circle_fire_was_set.html