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January 22, 2009

Witness claims she saw defendant at fire scene

Posted: 09:28 AM ET

LAWRENCE, Massachusetts–Jurors heard testimony Wednesday that accused arsonist Kathleen Hilton was at the scene of the High Rock Street inferno that claimed five lives, even before fire fighters got there and just as the first police officers were arriving.

Kathleen Hilton

Hilton, who has spent the last 10 years in jail awaiting trial, is charged with five counts of murder. In addition to putting Hilton at the scene, Krystina Sutherland also told jurors that she had an argument with the defendant’s son just two hours before her house burned.

Sutherland testified that Hilton called her at about 9:00 p.m. that night, and passed the phone to her son, Charles Loayza. Sutherland had severed her allegedly abusive relationship with Loazya and was keeping him at bay with a restraining order. On the phone, Loayza pleaded with her to to see his childlren. When Sutherland refused, he told her “If you love your kids you’ll get them out of the house,” and then he “threatened to blow up or burn down the house.”

Sutherland said she thought his threats were empty until that night, when smoke filled her apartment and her family was looking for a way to escape. She said she tried to alert her landlord and his family who lived on the third floor, but they couldn’t open the door.

“I thought I was going to die. I remember going on the kitchen floor and praying with my kids and thinking I was going to die here,” she said through tears.

Once she and her children were safely out, she noticed the defendant among the crowd. She said she ignored her but told a police officer about the threats Hilton’s son had made just hours earlier. The officer escorted her to his vehicle, and once there, Sutherland said Hilton asked to see the children and tried to hug her. Sutherland said she was so incensed she pushed her away and started screaming. The commotion summoned an officer to the car, and Sutherland told him that Hilton was Loayza’s mother and that she didn’t want her to take her children.

Jurors also heard compelling testimony from the rest of Sutherland’s family, including her mother Anne Marie Zarba, who testified that she had argued with Loayza about seeing the children the same afternoon and he had threatened then to burn down the house if he couldn’t see them.

Zarba also testified that at one point the defendant told her she wanted Sutherland and her son to get back together and boasted about meeting a wealthy man in Gloucester, and said she wanted to pay for a lavish wedding for the pair.

Michael Zarba, 12 years old at the time, testified that after he fled their home, he rode in the ambulance with his niece, nephew and the defendant. He said he recalled Hilton telling him that she smelled smoke from her house and “had a feeling” it was their house on fire.

Prosecutors contend Hilton set the fire to punish Sutherland, believing if her grandchildren were burned out of their home, they would have to move in with her son.

Defense attorneys say Hilton is innocent and took the rap to protect her son.

–In Session staff

Filed under: Trials


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Lnda Cutler   January 22nd, 2009 10:02 am ET

I believe that her son used her to start the fire knowing full well she woud because of her metal state and beliefs that were probably fed by him all the way to the day of the fire. He thought maybe she would get away with it since she is obviously mentally challenged

Melinda   January 22nd, 2009 10:20 am ET

Hilton's demeanor has played an important role in this case, in my opinion. More often than not, when the defendant pleas insanity at the time of the crime, it is usually a cop out. The cases in which the defendant are incompetent to even cry "insanity" are the actual legitimate mentally disabled individuals.

mc   January 22nd, 2009 10:24 am ET

She looks like she has williams syndrome-the facial features and the shoulders-or lack of prominent shoulders.
Its sad all the way around-but I don't think she did it, but I think she may have witnessed the fire being set.

sparks   January 22nd, 2009 11:19 am ET

This whole case is troubling me first don't we have laws that require a speedy trial. Second how does the defendents son walk from this ok he had an alibi but so do many who send others to commit their crime but they end up charged in the end the only way with whats been told about the mans phone call to the mother of his children telling her he's gonna burn the house down and so the house did burn the only way this could possibly play out with his mother setting the fire is if it was set up by both of them in a way to protect himself with an alibi but his hands are as dirty as moms I just don't understand why he gets to walk am i missing something here ok he didnt hire a hit man to kill them but he did the next best thing and had mommy take care of it he should be right there on trial with her

Tara C.   January 22nd, 2009 12:20 pm ET

I think Kathleen Hilton is the scapegoat for Charles Loayza. He made the threats but he used her to carry it out.. He gets an alibi, she potentially gets away with it due to her mental illness which she clearly is stricken with, and no one gets punished.

Maeven   January 22nd, 2009 12:42 pm ET

What in the WORLD was the holdup in bringing her to trial?

I find this to be an aberration of justice in the very worst way. This country is based on getting a speedy trial. We are NOT Iran or Iraq or Russia.. we do NOT keep people in jail for years on end without a trial. Shame on the people involved in this case.

lindsay m   January 22nd, 2009 12:55 pm ET

mc- i think you are right. she does show physical characteristics of william's syndrome. her behavior also suggests a "lack of common sense" and other features of that syndrome. because mental retardation is also associated with william's, it may be their basis for a defense or to appeal any ruling found since that would render her incompetent. once she is found guilty of it, her son can't be tried for the same crime. and if they give up on convicting her, or put her in an institution after finding her a danger to others, her mishandled trial will be used as defense for her son also.

her son should feel really proud of himself. he used his mentally challenged mother as a scapegoat to either set the fire or take the fall for it.

Krystina Sutherland   January 22nd, 2009 1:01 pm ET

This is a difficult case for me, my children, my family and also the family of the poor people that died. I feel so responsible because this person caused the fire to hurt me and it hurt so many more people.
I am sorry for the family that died.

GARY LOUCKS   January 22nd, 2009 1:19 pm ET

Where is the son is he going to testify? Something is wrong with this whole case. In jail for 10 years awaiting trial?????????????

Sally   January 22nd, 2009 1:29 pm ET

This is to Krystina.
The best thing you can do now is keep abusive men out of your life.
This would be not only for your sake, but for your kids, and others around you.
I know because I have gone through a similar situation.
It's hard to be alone with kids, but it's better than being abused.
Nobody deserves abuse.
Take Care.

Yaritza Feliciano   January 22nd, 2009 1:47 pm ET

i'm the niece of the inocent people that died in that fire i think it is easy to say that she is mentally ill, then why was she able to recognize that the house on fire was her grandson's it is insane i want justice to be made ,i say she is facking and that her son should take a lie detector test he is so guilty as his mother how can somebody because i can,t say he is a man, can be out there and who knows who else he could be threating he doesn't deserve liberty

Paige   January 22nd, 2009 1:48 pm ET

i think that Hilton should be put in a home for people with her condition and jurors should be aware that she's been in prison 10 whole years. Thats not fair to drag it out to her, or the victim's families. This should have been settled long ago. What took so long? You know if you were in prison 10 years BEFORE trial, it would be unjust.

PW, AR

Walthamite   January 22nd, 2009 1:57 pm ET

I was in jail with her at Framingham her nickname is Kat – she clearly is mentally ill and isn't capable of this heinous crime! The State has to look at that! She was awaiting a trial 10 years! They kept her in the West unit, isn't 10 years a bit long? I hope she gets the best representation.

Debora Ireland   January 22nd, 2009 2:10 pm ET

Well, let me try again today. The woman lived in the neighborhood. When anything happens here, the neighbors beat the police and fire responders each time. Where is the real evidence in this case? The fire did not happen the way this schizophrenic seems to have imagined in her confession. She needs a hospital and treatment instead of 10 years in prison for crimes she has not been convicted of. Personally, I would really like to kick the prosecutor, who is muddying the waters with emotional descriptions of a horrible fire instead of showing a connection between the defendant and the setting of the fire.

JR Suit   January 22nd, 2009 2:11 pm ET

I have been a Police Officer for 23 years, what happened to the concept of a Speedy Trial. 10 years in jail waiting for a trial is unreasonable by any standards.

Debora Ireland   January 22nd, 2009 2:17 pm ET

For Krystina: you are not responsible. For the fire, or this travesty of a trial. I feel so bad that you all have to relive this. Every woman has to learn about abusive, violent men. Speak out when you can to teach other young girls about having babies with men who do not deserve them. I am sure you have the thoughts and prayers of thousands of people.

Marilyn O. MA   January 22nd, 2009 2:29 pm ET

Just because the son was at work the time the fire was started, doesn't mean he couldn't have started it. There are ways to start a delayed fire.
Plus tell his mother what he was going to do to plant the suggestion in her mind so when it did happen she knew enough or remembered enough to confess to the crime. Very bad carma on the sons part.

one who knows   January 22nd, 2009 2:51 pm ET

She was awaiting trial this entire time because her defense team was trying to throw out her confession. They finally got to supress it... but the jury can still hear her comments she made " i could have killed my grandkids", which was made right after the fire.
Good luck to her. She looks like a real winner.

Armando Feliciano   January 22nd, 2009 3:06 pm ET

Hi to all I am nephew of the 5 inocent family members who tragectly past away. My family and I are still waiting for justice its seems that it was yesterday morning when we received a police officer in Puerto Rico knocking on are door early in the morning telling my father that his brother and sister in law and nices had died in tragic fire. Its been 10 years almost since we have been criying for justice. Iam a proud member of the United States Army proud police officer here in Puerto Rico but in dishonor to what my family and I have past throught this years waithing for justice.

I Post this with tears in my eyes in with a heart of confusion and anger but with my faith that justice will be giving for the death of my family members, and to the Juror have in mine Sir that this lady didn't do this by her self. Because you don't need to know criminal justice or by a lawyer to have comensence that a person NOT MENTALY DESAIBLE like she saids could have done this her self.

God bless to all wile my family and I wait for the light at the end of this big lost that has touch our hearts this past years and years to come.

Armando Feliciano   January 22nd, 2009 3:22 pm ET

I have read all the comments post its a free country to speak out to everyones best criteria but, put your self in our position waiting year to year for this case to be giving and waiting for this lady and her son to be Processed to what they did. Have in mind that this fire was not accidently started it was done in a with the criminal intention. I understand that its been 10 years but the lost feels like yesterday. No hospital for mental ill will do nothing to this lady because she is playing a role to this state for mercy for the crime that she and her son did.

Cheryl   January 22nd, 2009 3:28 pm ET

It is clear to all that Kathleen Hilton is not able to assist in her own defence. I don't think that she should be released into society if found culpable for this fire but surely she should be commited to a mental facility and not incarcerated. It's almost painful to watch her and it is a crime that the State is putting her through this.

I missed the charges at the beginning and also wonder what the state is seeking.? Could you readdress this.

Gia Insolia   January 22nd, 2009 4:31 pm ET

This has to be the strangest trial I have ever seen. The defendant is such a distraction, all the eyes rolling and combing her strange hair in the courtroom, he defense attorney is probably loving it, as it supports her metal illness.

I am confused by the prosecutor also, she has said 'stike that' about 1000 times, as if she is very unrpepared and going in circle...Hilton will surly walk free and the state has wasted 10 year of housing hits looney and paying for a trail.....what went wrong and who should loose their jobs...?????

Kevin   January 22nd, 2009 4:52 pm ET

If / when she gets convicted, he'll be charged with conspiracy. Her lawyers should have already started dealing for that.

Chaz D   January 22nd, 2009 5:07 pm ET

What kind of scum bag with a conscious would let his mentally ill mother take the fall for a crime she didn't commit. I'm giving this guy the benefit of the doubt that he wouldn't let his dear ole mom get locked up because of him. I feel she over heard his shallow threats and carried it out on her own.

Appalled   January 22nd, 2009 5:29 pm ET

10 years?! Speedy trial...wow! What do we consider slow in this country? She has been punished without being found guilty. Shameful.

Shawn   January 22nd, 2009 5:31 pm ET

I have read all the comments left about the case of Kathleen Hilton, and it seems so sad that no one is looking at her son for this crime, after all, he is the one that made these threats. Then low and behold, a fire breaks out, and people die. If Kathleen lived in the area, it is feasible that she either heard siren, or saw smoke, then went to the grand kids home for fear of what her son may have done, considering his earlier threats. I have not read up on this but, from what I have gathered, the mother is covering up for her horrible excuse of a son. And what is this business of making this woman wait for over 10 years to receive a trial? That's absolutely absurd. My heart goes out to the families of the victims of this fire as well, may god be with you, and guide you through this nightmare. I understand that you want justice, who wouldn't, but I do not think that this woman is to blame, I seriously believe that it was the son who committed arson.

Michael Mahair   January 22nd, 2009 6:14 pm ET

At risk of being crass, whoever wrote this article needs to get back to school. Try reading it and making sense of it. You can't follow the story, it amazes me that people are paid to write so poorly.

Mags   January 23rd, 2009 9:23 am ET

I have been watching the trial on CNN.come Live the past several days and reading the blogs. I have the following comments.

First let me say, my heart goes out to all the families impacted by this fire.

As far as keeping her in jail for 10 years – it sounds like it was the defenses decision to persue getting evidence excluded. It's seems more an issue of the court system.

The past two days I was thinking this woman has a mental problem. But then over night I had the following thought: This was 10 years ago. We didn't know her, we have no clue what she was like. Maybe she has problems now that she's been in jail for so long. Then today, when they were having the descion about the witness overhear converstion about the case – I saw a different dismeanor. She appreared be be engaged in the case and even commented to co-counsel.

From what I heard so far, it sounds like she set the fire but it was her son who was the one who convinced her to set it. He sounds abusive and if he's abusive then she was probably abused by her husband and just does what she's told. Not that it relives her of any responsibility.

justin benner   January 23rd, 2009 11:08 am ET

To whom this may concern

My name is Justin Benner I have been watching this trial since it started, I myself have bin in the fire service for nine years now running with the Portmatilda vol. fire company. Even though I am a volunteer it has the same exact situations we volunteers encounter. Form experience I myself think that the scene was intentional set arson. When you are at a fire just with the experience I have you can tell by the way someone’s action that they were involved with the setting of the fire when it began. In my experiences with arson the person or persons who were involved with the setting of the fire normally stay back and are in shock for what they did. Normally persons who set the fire have no idea of how it will affect others in their area and when they see what they did they are dumbstruck by the massive fire that was only supposed to be in there living area. Not only do I think she is guilty but I also think she was not the only one who was involved. With all my years as a volunteer fire fighter and the experience I have obtained in those years it is a prime example of a novice arsonist. My regards go to the family who lost there children in that fire.

Beverly   January 23rd, 2009 1:51 pm ET

I haven't heard anything about why the ladder truck wasn't used at the window where the firemen tragically found the bodies inside by the window. I have not had an opportunity to watch continuously but have watched the trial often. I am not faulting the fire department but I was curious since several have mentioned hearing the victims calling for help and would assume someone would have circled the house looking for such a window. Also, when the firemen first arrived did they check in back right away since one fireman mentioned he could get up just beyond the second floor before he could no longer proceed. I realize it may have been only a couple of seconds and he/they just couldn't do it.

Also, when Mrs. Hilton was shown on private video, standing by the ambulance, did anyone smell the odor of an accelerant on her clothing? It appears she is incompetent so I would surmise she couldn't have poured anything without spilling on herself. Was Mrs. Hilton an immediate suspect? If so, was a warrant issued to enter her house and search for the clothes. she wore that night? Even if she set the fire and ran home to change clothes, in her mental state would she even remember to hide them? She appeared on the tape to be remarkedly "bundled up" for someone who saw the smoke and ran over to see the fire thinking it was her grandchildren't house.

alunatic   January 23rd, 2009 3:56 pm ET

I want to know how Charles has gone about with his life in the ten years since this terrible fire. Has he fathered more children? Does he get to visit his children with Krystina? Did he visit his mother while she was in jail waiting for this trial? Has he led a productive life?
Does he think about the victims and the emotional damage he has done to his own children? They are probably aware that their neighbors died and they almost died in a fire set by their own grandmother.
What a terrible shame all because of one mans inability to control his emotions.

mikey   January 24th, 2009 1:31 am ET

What is wrong with you people??? How can any of you judge Charles you can't go by the witnesses that is here say!!!!! the son has an alibi so i think the should stop bring his name into it!! how do you all know that Krystina has been in contact with him about there kids????? there are two sides to ever story and no one should judge people else they know then!!! if krystina was so scared of him why didn't she leave sooner why wait four or five years????? personal i think she and charles had there ups and downs and they weren't meant for each other so things may or may not have got to a domisic situation but nothing more than that!!!!!

Alison   January 24th, 2009 6:19 am ET

She spent 10 years in jail awaiting a trial? There's something very wrong with that.

Miami Esq   January 24th, 2009 2:39 pm ET

Michael Natola, attorney for the Defendant, is doing a MASTERFUL job. He is one of the best damnb layers in this country, regardless of teh outcome.

Greta (colombus, Ohio)   January 24th, 2009 10:05 pm ET

I am deeply saddend for all of the victims in this situation. I used to work in a state operated group home and it is the understanding and law that a person whom is mentally ill or challenged is treated just the same as the rest of the "normal" world. If she committed this crime, she will have to answer for what she has done.

Im not trying to judge, but I feel that she should be held accountable for what she has done. even if she just overheard the threatening comments her son had made to his Ex over the phone, she took it upoun herself to do this horrible act against all of those families and a community. to put his words into action, to try and "fix" things according to what she thought would make her Granchildren come live with her son, Charles.

If she is mentally ill and deficient, I dont know just how much of all of that explaination she would comprehend at all.

A "life in prison" sentence will no way be able to help begin to repair , replace or mend the tragic outcome for the victims. My heart is with them all at this time.

I read earlier that Krystina is blaming herself and is feeling down.
I hope that she understands that there wasnt anything that she could have chosen to do to prevent the outcome in this situation at all.

Krystina, you (and I too) dont have the power to change anyone or their actions. t hey have the same freedom of choice that we do. Those people whom did this horrible crime will now (and are) going through the process of being made to stand accountable

I am interested to see what might take place when (or if) they bring charles into court to testify. 10 years is a very long time to wait for a speedy trial to begin, even though it was in the appeal processes.
I have been reading some of these comments and it seems to me that we all are intertwined with one another to some degree because we empathize with the victims. thank you and God bless you all.

Larry C.   January 27th, 2009 4:35 pm ET

It's becoming very clear that the truth will never be told about this fire. It's possible that we may never even know for certain that it was in fact arson. Without attaching the various motives to support it, arson is not clearly substantiated.
The most important question that will probably never be answered about this fire, if intentionally set, is what the intent was. Was it started in an effort to kill someone specifically? Did that person or persons die in the fire? Was it started to kill someone specifically, but someone else died instead? Was it started with a specific area of the building targeted to be involved in fire? Or was the fire started as a simple malicious act, with no regard to how far the fire would extend or who would be involved? Or maybe something else altogether?

Ms. Hilton is charged with Second Degree murder for a reason. I have heard no assertions that this fire was set intentionally in an effort to murder anyone, especially those unfortunate souls that did parish. At most this appears to be a horrible accident if you believe Ms. Hilton started the fire. Please keep that in mind.

Paula Sanfilippo   February 4th, 2009 6:54 pm ET

The night of the fire, it is obvious the ranting and raving of mr. Loayza about ,not seeing his kids, probably instilled the idea into ms. Hilton 's mind. I don't think she had the capacity to think about the fallout of the fire.

MHSchwarz   February 6th, 2009 10:53 am ET

This woman is obviously not guilty by reason of insanity. It is a waste of money to prosecute her. I can't believe that she was in jail for 10 years waiting trial. The state should be ashamed at many levels. She needs medication and secure housing. No American should have to live like this poor woman has for the last 22 years.

Paul S   February 13th, 2009 2:16 pm ET

It appears that Kathleen Hilton needs dentures. It also appears that she is not wearing them. Failure to wear dentures can alter your appearence, significantly. It can make you look like a very sympathic person. I feel she is very much involved in setting the fire and this is an attempt to gain sympathy from the jury.

Sharon   February 18th, 2009 11:53 pm ET

Thank God Justice was, done, anyone who have ever been a grandma, knew she didn't do this, she said, was protecting my son, because he was accused, and would do anything, to save, her family. People should not have IQ's on trial, for sure, just the love in their hearts, and evidence, which there was none, the right to a speedy trial, really upsets me, I mean really upsets me,

Sharon   February 18th, 2009 11:59 pm ET

Melinda, guess you didn't watch the trial, much, she never admitted to be insane, and was never proved, she was insane, just a little different, I hope, you never have to fo through anything like, this, and have a perfect background, your quite ignorant about this trial

Sharon   February 19th, 2009 12:08 am ET

Yes, the woman will have many things to learn now, I can't even imagine, not being in the real world, for 10 years, so if any of you, don't understand that, shame on you, and the legal system

Sharon   February 19th, 2009 12:11 am ET

Ty Mh Shwartx, my sentiments, exactly

Sharon   February 19th, 2009 12:24 am ET

zzzzz, Some People missing somthing is the USA, NOt Guilty, you, it's America and our Justice System, you can't accuse, without evidence, and you can accuse just because, a little bit different, It's the law, and it's over, go to the son.

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