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January 30, 2009

No faulty wiring at fire scene, expert says

Posted: 10:11 AM ET

LAWRENCE, Massachusetts–On day nine of the arson murder trial of Kathleen Hilton, prosecutors presented testimony to support their position that investigators looked for other causes before they suspected arson in a fire that killed a family of five.

Kathleen Hilton with defense attorney

Hilton, 62, is charged with five counts of second-degree murder in connection with the fire. She has pleaded not guilty to all charges. The defense is expected to begin presenting their case next week.

Dennis Toto, an electrician and consultant to the State Fire Marshall’s Office, testified he was called to the scene to determine whether faulty wiring could have caused the High Rock Street fire. He noted there was no damage to the wiring connecting the smoke alarm on the second floor landing, and in fact noted that the circuit breaker connected to that wiring had “tripped,” indicating to him that the safety mechanism had been activated and the electrical systems were working properly.

Toto testified that he examined the electrical devices on the first floor, found them in good condition and concluded that “electrical current was not the heat source that caused the fire.”

The jury also heard from two fire investigators at the scene who took statements from witnesses. David Legere testified he took a statement from Krystina Sutherland, who told him her ex-boyfriend had called at 9:00 p.m. that night and threatened to burn her house down if she didn’t let him see their children.

Another fire investigator said he went to the house the day after the fire to document the scene, drawing diagrams and sketches of the burned rooms. His testimony centered on his observations of the staircase leading to the upper floors. He noted that there was a direct shaft from the staircase to the third floor, and that there were rubber mats on each step and on the bottom of the landing. While the rubber mats on the lower steps were destroyed by fire they left a distinguishable pattern.

Also called by the Commonwealth was John Drugan, the chemist who conducted tests on evidence samples, including clothing taken from Kareme Powell for the presence of accelerant. At the time of the fire, Powell was visiting his grandmother who lived on the first floor of the house. He did not reveal the results to the jury, but the Commonwealth is expected to argue that investigators tested his clothing to rule him out as a suspect.

Drugan also testified that certain alcohol-based accelerants are difficult to detect. He returns to the witness stand on Friday.

Stay tuned to In Session for live coverage with correspondent Beth Karas.

–In Session staff

Filed under: Uncategorized


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gnrmet7   January 30th, 2009 11:17 am ET

was in prison with her, she maybe a little on the off side but she knows right from wrong and I don't think from being in prison with her that she is as off Mentally as the defense is using in her defense. I found her to be a "bit" on the vindictive side.

carol brown   January 30th, 2009 11:19 am ET

I don't understand why the judge lets this trial continue when it don't take a rocket scientist to see that this poor lady is not capable to stand trial and to know that she has been sitting in jail for years. she needs to be helped . I think our justice system can do better then this.

Jo Leftwich   January 30th, 2009 11:32 am ET

Were there any phone records showing calls between Hilton and her son before the fire?

mona -shell lake wi   January 30th, 2009 12:20 pm ET

This prosecuter is frustrating me so I feel she must be doing the same to the jury. She seems to not have her stuff together. she not only seems not to know what questions she wants to ask but she keeps stopping because she don't know how she wants to ask them.

david   January 30th, 2009 12:42 pm ET

This prosecuter is frustrating me also because she does not seem to know where she is going half the time ... i do not also understand why the judge is telling her what questions to ask ... this hurts the state does it not in the eyes of the jury?

Mark Faler   January 30th, 2009 1:26 pm ET

Hello: I understand why people confess to things they didnt do. I confessed to a murder I did not do so the man who did the murder I saw didnt kill my family next like he said he would if I did not make a false confession. Fear makes you do crazy things. I went on trial in 1984 and spent 5 years in state prison from 87-92. Through all that time the right man was never found. PA lost him while he was in NY and did not find him until 2005 (24 years later after he did the murder) Once they found him and charged him the same people who put me in prison for it in 87 the same DA came back for my help to put the right man away. I ended up being convicted of ag. aslt. back then since they had no physical evidence just my false confession. If you ever want to know more about the crazy stor y let me know.

Thank you

Mark Faler (Taylor, PA)

travelinpants   January 30th, 2009 1:40 pm ET

the fact is people died from a fire that was intentionally set. their lives are lost forever. this woman is being made to look insane when in fact a 70 iq does not equate with not knowing the difference between right and wrong. i think her lawyer is using her lack of intelligence to get her off. but i think she can be deemed a bit crazy but be locked away for the rest of her life without the possibility of parole. if she is indeed guilty of setting the fire.

GNRMET7 :if you were in jail with her then volunteer for the prosecution your knowlege of what you observerd and or experienced in your dealings with her. of course, you would be expected to do this without any sort of benefit for yourself.

david   January 30th, 2009 2:17 pm ET

i started to count the ah's and oh's from the prosecuter and lost track very fast.... does this not bother anyone as to her capabilty?

Deb I   January 30th, 2009 2:20 pm ET

I wonder: was the son's alibi ever submitted to a lie detector test? This still seems like one of the flimsiest cases of arson ever to make it to trial. Why wasn't there a plea bargain offered? After many witnesses there is still no direct evidence to link this woman to the fire. The way she described it–soaking a cigarette in oil does not seem to me to be a way a huge fire could start. If the prosecutor had evidence, she needed to present it first. All the jurors know is that there was a fire.

Banfield   January 30th, 2009 2:23 pm ET

TO ASHLEY BANFIELD: On the Casey Anthony case I say the reason that the public is interested in this case is you have a mother(Casey Anthony) that does not report her daughter missing for 30 days and she is out having a good time at nightclubs, parties, shopping(not buying anything for a 2yr old toddler), cooking dinner for her boyfriend etc; The last time her father seen Caylee was when Casy and Caylee left their house on June 16,2008..I hope Mr. Anthony will be better soon I say a prayer for him everyday. I hope that when he does go home Cindy will not be asking him to pick out jewlry or anything else to put on a skelton(Caylee) remains!!! Barb/Fl

Mags   January 30th, 2009 3:50 pm ET

I would feel really uncomfortable if the proscutor in this case was my attorney.

James Wolff - Boca Raton, FL   September 21st, 2009 11:10 am ET

Re: The Worthington Trial

The defendants should be asked one simple question – "If one of your childen had an obviously broken arm or leg....would you LAY ON HANDS or take them to a doctor?"

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