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January 26, 2009

Efforts to save family who perished detailed at trial

Posted: 10:24 AM ET

LAWRENCE, Massachusetts–The supervising chief who led the firefighting efforts at the center of this trial said he knew immediately once he arrived on the scene that he and his men would not be able to save the family trapped on the third floor.

Kathleen Hilton is charged with 5 counts of second-degree murder

“We had completely lost control of this side of the building,” said Deputy Chief William Curran of the Lynn Fire Department. “The fire underneath was too intense. We couldn’t effect search and rescue on the third floor. We had no chance of rescuing the people on the top floor.”

Today is the sixth day of testimony in this Massachusetts courtroom, where Kathleen Hilton is charged with five counts of second-degree murder connected to the 1999 fire. She has pleaded not guilty to all charges, and her defense team says she is mentally ill.

Curran, who over the span of a 37-year career has fought hundreds of fires, said his engine company received the call at 10:59 p.m. that night. Upon their approach to the fire, one of his men called a “working fire,” which would have summoned another ladder company to the site. Curran called in the second alarm at 11:01 p.m. and the third alarm two minutes later, calling for a total of 55 men and 13 vehicles to fight the fire.

“When did you realize you could not save them?” Marcia Slingerland, the assistant district attorney asked. “At 11:01,” said the white-haired chief.

Curran appeared visibly distressed recalling the events, “We didn’t stop trying,” he said. “If they could only have gotten to a window.”

Firefighters of Curran’s engine company attempted several times to reach the third floor after hearing the family’s cries for help, but were forced to retreat because of dense smoke and the spreading flames.

The bodies of Heriberto Feliciano, his family and a relative were found lying against one another in one room a few feet from the window of their attic apartment.

The jury also heard from one of the Commonwealth’s most critical witnesses, Sgt. Kevin Condon. Currently an investigator with the homicide unit of the Massachusetts State Police, he was assigned to the Fire Marshall’s Office at the time of the fire and was charged with determining the cause and origin of the High Street fire.

Condon visited the scene, examining each floor of the burned structure as part of his investigation. He noted that there was no fire in the basement and that the ceiling of the basement remained intact.

He testified that one of the reasons the fire spread so quickly from room to room on the first floor was due to the wood paneling that covered the door and walls. He noted that the building was constructed in 1900 and wood paneling was later commonly used in older homes to avoid having to strip the lead paint off the surfaces. The space created between the painted wall and the paneling caused fires in such buildings to spread more quickly.

“This increased the fuel load enormously,” he said.

Condon steered the jury’s attention to the front entrance of the second and third floor apartments. Displaying pictures of the staircase he pointed to the steps and banister, noting burn damage and charring appeared worse toward the lower end of the staircase. He made a similar observation of the steps in the stairwell, noting that the carpeting on the lower steps had been consumed by fire while the condition of the steps appeared better the higher they went.

He concluded the damage and the smoke and soot patterns left on the walls and ceilings suggested the fire burned upwards and outwards.

Condon’s testimony is expected to help the Commonwealth corroborate defendant Kathleen Hilton’s statement that she set the fire in the landing of the staircase. The defense is disputing the government’s theory of the fire's cause and origin. Attorney Michael Natola is expected to point to testimony from first responders, that the blaze appeared concentrated in the first floor apartment, as evidence contrary to the Commonwealth’s case.

Condon’s testimony resumes today.

–In Session staff

Filed under: Trials


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Matthew Rivera   January 26th, 2009 10:48 am ET

It doesn't matter if she is mentally ill or not, because our system no longer recognizes the mentally ill. The cost of sending someone to a mental hospital is costly, and sending them to prison is by far the cheapest way out. So it pays for the Government to send them to prison not to a hospital where it is humanly humane. I know from experience of seeing so many people being sent to prison, who in fact should have never been sent there. Also take into account the fact for mental illness has been greatly diminished by the government standards. Meaning simply, if a person knows what he or she is doing during a crime, he should be held responsible; if he or she knows the consequences of their actions they are competent. This is nothing less than a diminished right for people to be treated with humane dignity. Our Gov. will revoke the right of the mentally ill by making them go to a place where they will never get treatment. A Prison. That’s why the states, including NY has shut down almost all the mental hospitals. And turned them into prisons. Including the biggest hospitals, including, Willard State, Gowanda State, Pilgrim State, etc etc. We are becoming a third world country in the eyes of the mentally ill.

Addie   January 26th, 2009 2:28 pm ET

Matthew, those are good points.

Also though, there is pressure on judges, I think to put a person in prison for vengence sake because people do not understand about mental illness or the psychatric hospitilization of those found not guilty by reason of insanity. On top of that, with our mob, just charge ahead, mentality, people just decide the first person arrested is guilty, when there has not even been a trial.

This is sad, but makes some sense when you consider that it looks like many people that commit very serious crimes, especially sex crimes and murder, are awarded light senstences.
While drug offensers seem to get 20 years.

We have gone from one extreme to another, maybe.

The standard for competence is a joke as you point out,
But people are afraid someone will get out of the hospital sooner than from prison and that treatment is much nicer in a place like, Pilgrim state was, but I have heard many times people usually serve their hole sentence in the hospital as opposed to 1/3 of their time like they do in prison.

Anyone who knows pilgrim state, who has seen it, knows it was no heaven. I believe the prison hospitals can be just as horrible except inmates are protected from attacks by other prisoners maybe, although, possibly more vulnerable to staff.

It is heartbreaking that so few people have actually learned the contents of the constitution and why we have it.

Addie   January 26th, 2009 2:34 pm ET

I wish that I could edit some of the grammer and spelling in my last entry. Please don't hold those mistakes against me.
Hate me for my opinions if you like, but not my spelling and grammer. lol

Addie
Ny, New York

Joseph levesque   January 26th, 2009 8:41 pm ET

Are you kidding me? Mentally ill or not, this woman killed 5 people. Why are we forgetting the real VICTIMS? The victim is NOT Kathleen... Court TV has been running this trial for days and I've only seen one quick photo of one of the five victims. This woman killed two adults, their 2 children their cousin, where is the outrage? Where are the photos of the victims? You can pick where to to put woman, the psych ward or a prison but please don't feel so bad for her that she does not have to pay the price of killing 5 people.

Greta (colombus, Ohio)   January 27th, 2009 8:16 am ET

It was very interesting to watch the testimony of Mr. Condon. I felt there were many times that the defense was trying to get him to purger himself and his previous testimony earlier in court testimony.

I mean Mr. Condon isnt on trial, why do that to him?
Once all of the testimony comes out and the evidence supports the statements given by others in this case, then a Judge and jury can decide on the fate of this woman.

Its my hope that she, Kathleen Hilton, will be judged according to her actions and wrong doing instead of her incapabilities.
Many people with mental illness do understand the differences between right and wrong.

She is a harm to herself and to others in the community and it is better for her to go to Prison for the crime that she committed against these people.
sad situation

Belinda   January 27th, 2009 11:39 am ET

Has anyone ever said why this trial has taken 10 years to be heard??? I've not seen it explained on any of the articles.

Larry C.   January 27th, 2009 3:07 pm ET

To Belinda:
As I understand it, at the beginning of this case the defense had tried to get the several of the statements made to the investigators by Ms. Hilton excluded as evidence. This includes the testimony of witnesses that claim to have overheard Ms. Hilton make other statements. An earlier court had originally agreed with the defense and excluded most of those statements. However, the prosecution appealed that decision to higher and higher courts. After years of this back and forth it ended up in the highest state court. I believe they sent the case back down to another lower court where it was eventually decided that only some of the statements, or portions or those statements, would be allowed.

If someone knows that I have this wrong please correct me. Thank you.

Larry C.   January 27th, 2009 4:01 pm ET

The reports I’ve read and the coverage I’ve watch, including the stories here, have made statements similar to this, “the defense claims there is no forensic evidence linking Hilton to the fire”. I am hoping someone could enlighten me with more information as this couldn’t possibly the case. Could it? The only information I’ve been able to find concerning evidence are the statements allegedly made by Ms. Hilton to police and other witnesses, after the fact. So please, other than statements allegedly made by Mr. Loayza, is there any evidence that was left or created by Ms. Hilton prior to the crime that would link her to this fire? I would find it shocking and disturbing if the only evidence is the statements made by this woman after the fact. The motive offered by the prosecution, that Ms. Hilton was trying to force Ms. Sutherland and the children to move back in with her son by burning down her residence, is extraordinary. Would Ms. Hilton intentionally endanger her grandchildren in such a risky plot? And to do it with no guarantee that there would be reconciliation if her plan succeeded makes it an even more extraordinary assertion. That’s an extraordinary accusation and it warrants extraordinary substantiation.

alicemartinez   January 27th, 2009 7:01 pm ET

I feel this lady is mentally ill, u can tell by the way she looks. If the jury is smart enough they will notice that she is not here or there. I also feel she was talked into it by her son. Her son shall be in prison and trial. I also feel she had no joice but to be in prison, in the system if she would've had money she would be out walking the streets like all crazy nuts that do have money to get out. There should be some money for her if she is found not guilty. That money should go the hispanics that died in the fire. I love ur show and all of u are doing a great job.

CJ   January 28th, 2009 3:07 pm ET

Appearance is not always an indicator of mental illness or retardation, so lets leave appearances out of this. The fact is, mental retardation is NOT a treatable condition. if it were, mental health professionals would be able to raise her IQ above 71, so treatment is irrelevant in her situation. The fact is, it's been proven that someone of her mental capacity is capable of understanding right from wrong. She's not so far gone that she is incompetent to stand trial, either.

As to the reason that it's taken 10 years to have this trial take place...due process. Dockets for these types of cases are pretty darn full and evidence-gathering has most likely taken priority because of the mental status of the accused.

Lis   January 28th, 2009 5:37 pm ET

It seems as though we are hearing that a person's IQ directly affects their ability to know right from wrong? Is this so? I have known people who are retarded who certainly seemed to be able to tell the difference. However, this woman looks extremely tormented and beaten down. If her son was an evil and abusive person and able to outreason her, she may have lost her ability to discern. Is it possible she heard her son's stupid ravings about burning the building down and was carried away with his ideas and reasoning. I don't know. What does seem clear from the testimony is that the son was the instigator at least. I can't help but be curious about his alibi...
10 years to get to trial- that is terrible...

Barbara   February 2nd, 2009 2:20 pm ET

I feel Ms. Hilton has taken the wrap for her heartless son who admits to using drugs on the day this tragedy happened.I think they should have her son on trial.
I also feel she is absolutely mentally ill the way she combs her hair and has no emotions to what happened to this family on the third floor
is proof she is a mental case.
Why has it taken 10 years for this case to go to court?

JOHN GORDON   February 12th, 2009 3:16 pm ET

Ashleigh, I have been watching this trial since it started and I think it's great, I just wish we could watch the whole day. Anyway, I am a firefighter and a paramedic for 23 yrs now, and I have been a fire investigator on a team in Ohio (between Cleveland na Akron). Would I be able to get a copy of fire investigators and firefighters tesimonies and cross examinations, so that I could show my people (team members) of what they my face if we have to ever testify. I think that it would be a great teaching thing, I know that I have learned. Thank you. If I can get a copy I will give you the fire department address. Keep up the great work. I think Hilton is guilty, and not a cuke. Thanks again John

Barbara Hambel   February 19th, 2009 12:39 pm ET

I am very sorry for the family who lost their loved ones in this horrible crime. On the other hand I am so happy Ms. Hilton, was found not guilty. I followed this case from day one and I never had any doubt she innocent.. I truly believe her son set the fire. Our judicial system did what it is supposed to do and set her free Praise God for that. I hope her daughter has a stable home for her. sShe doesn't need anymore termoil in her life. It is plain to see she is mentally ill and needs all the help she can get and is entitled to. I can't imagine losing 10 years of my life for something I didn't do and not be angry that says a lot about her. I feel she should be compensated for the 10 years she lost . I hope she has a good life from this day forward. It seems to me her life had been full of torment.
Thank you, B. Palm Coast,Fl.

mac   September 8th, 2009 1:32 pm ET

I still believe that she was protecting her son.It seems that the mental problems run in the family.There would be no one else that would want to harm the mother of the children.

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