Defense expert: fire caused either by children, or 'intentional human act'
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
The first witness for the defense testified Monday that he ruled the March 7 fire at 115 Lafayette St. in Greenfield that killed Thomas and Stephen Coonrod had an "undetermined" cause, but that he was able to narrow the causes down to two possibilities: children playing with an ignition source, or "an intentional human act."
Wesley Coonrod is charged with two counts of aggravated murder in the deaths of his 3- and 4-year-old sons and could face the death penalty if convicted. He is also charged with aggravated arson, a felony of the second degree; two counts of murder, unclassified felonies; and two counts of child endangering, felonies of the third degree.
Kevin Keaton, a fire investigator from SEA, Ltd., a forensic analysis company that investigates fires for insurance companies and manufacturers, testified that he conducted an investigation into the fire, using his own research from the scene, laboratory tests, and pictures and evidence collected by the state fire marshal's office. Keaton was designated as an expert by the court and was paid by the defense to conduct the investigation. He was initially contacted by the defense in May and did not investigate the scene until the first week in June.
The state, represented by the Highland County Prosecutor's Office, has not finished presenting its case yet. However, as Highland County Common Pleas Court Judge Rocky Coss explained to the jury, the trial is progressing more quickly than anticipated. Keaton has to be out of the state Tuesday and will not return until next week, when he was initially anticipated to testify. In order to keep the trial progressing, both the defense and the prosecution consented to have Keaton offer his testimony Monday. The state will continue with the presentation of its case Tuesday.
Coss noted that this was the first scientifically based testimony that the jury has heard on the matter. On Monday morning, the state had begun direct questioning of fire investigator Trace Lawless of the fire marshal's office of the state of Ohio. He took the jury through his investigation process and several exhibits of evidence were presented, including photos of the crime scene and items found at the scene. Questioning did not progress to his scientific conclusions before Keaton had to take the stand.
As Keaton testified, the court was presented with a Power Point presentation that included more than 70 photographic exhibits of evidence that depicted the structure at 115 Lafayette Street. Keaton determined that the point of origin for the fire was in the front hallway of the apartment near the door. He said that he found no ignition sources at the scene.
He had taken several samples of carpet and carpet padding, which either he or someone under his direction tested. Keaton testified that he found no liquid accelerant in any of the samples and that he did not believe an accelerant was poured on the carpet.
Keaton testified that when he says he ruled the cause of the fire was "undetermined" that means he has ruled out possible causes, and that based on evidence he cannot make one determination on how the fire was started. He said he narrowed it to two possibilities, which was that one of the children started the fire or that it was caused by an "intentional human act."
Wesley, Stephen and Thomas Coonrod had been displaced from a home on Milburn Street in Greenfield after a fire broke out in early February. Keaton testified that, upon reviewing evidence collected by a fire investigator for an insurance company, that fire could have been caused by one of the children. That fire took place a little over a month before the March 7 fire that killed Thomas and Stephen.
Keaton said that it was determined that the Milburn Street fire more likely started in a plastic toy box, near a heating source. Photos of scorch marks on the heater, he testified, were consistent with having items pushed into the heater, "like a toy soldier" and was a "red flag" for him.
Toy soldiers were found in the closet where the bodies of Stephen and Thomas were discovered. Keaton said that the Lafayette Street fire could have been caused by one of the toy soldiers being lit on fire.
Keaton said that in the category of juvenile fire-starters, young children who start fires often do it in secret and are usually from "single-parent households where there is some type of abuse" such as "alcohol." Defense attorney William Mooney asked Keaton if there were any parallels that could be drawn between the Milburn Street fire and the Lafayette Street fire. Keaton said there were, including the fact that they were started late at night.
Thomas and Stephen Coonrod were found in a closet in a bedroom off the hallway where Keaton believes the fire started. According to testimony from both Lawless and Keaton, the door to the closet was shut before smoke or fire reached the bedroom. Keaton said the fact that they were found in the closet was consistent with the actions of a juvenile fire-starter.
Several witnesses have testified that on March 7 they smelled alcohol on Coonrod. Coonrod's ex-wife and the mother of Stephen and Thomas, Felicia Elliott, testified Monday that Coonrod told her he had "six beers" the night of the fire.
Keaton also testified extensively regarding the carpeting found at the Lafayette Street apartment, saying that it met "minimal" standards for being flame-resistant, and that when the carpet was combined with the older carpet padding underneath it "became combustible" and "continued to burn."
On cross-examination, Highland County Prosecutor Jim Grandey asked Keaton if during testing if he used a blowtorch on the carpet. Keaton said that a blowtorch had been applied to the carpet and it did not catch fire.
Grandey questioned Keaton as to whether or not he had considered if cigarette butts found at the scene had been an ignition source. Keaton said he had considered it. Grandey also questioned Keaton on a cigarette lighter found in the living room could have been a source.
Keaton said that a plastic toy soldier could have been lit on fire in the living room, where the lighter was found, and carried to the hallway where the fire started.
"Wouldn't they have burned their little hands?" Grandey asked.
"Not necessarily," Keaton said.
Questioning Keaton regarding his testimony regarding liquid accelerant, Grandey asked if he had ever used a charcoal grill, and Keaton said that he had. Grandey asked if when putting lighter fluid on charcoal, immediately after lighting it, "Do you put your steaks on right then?"
"No," Keaton said, because it would not be hot enough.
"And wouldn't your steaks taste like lighter fluid?" Grandey asked. Keaton said they might. Grandey asked if it was possible for an accelerant such as lighter fluid to be used at a scene, but there was no laboratory test to support it because it had all burned away in the fire. Keaton said it was possible, but he did not believe that happened in this case.
Grandey asked Keaton if in an investigation he had ever concluded that an accelerant had been used in a fire, but laboratory tests could not support the presence of an accelerant. Keaton said that has happened.
Grandey asked Keaton if his conclusions regarding the fire were "mostly consistent with the state fire marshal's office." Keaton said no, because he did not conclude that a liquid accelerant had been used.
"And you cannot within a reasonable degree of certainty rule out the fire was not started by an intentional human act?" Grandey asked Keaton. Keaton said he could not.
When testimony concluded and Keaton was dismissed, Coss told the jury that the state most likely would conclude with the presentation of its case Tuesday afternoon. The defense will then present the remainder of its case by Wednesday. At that time, jury instructions will be given, and closing arguments could be heard Thursday morning. Following closing arguments, the jury will begin deliberations.
While the jury is deliberating, they will be sequestered and under the supervision of the Highland County Sheriff's Office at all times. The court has retained hotel rooms for the 12 jurors and six alternates to stay in until deliberations are complete. While the alternates will not deliberate, they must be sequestered as well, Coss said.
On Tuesday morning, the state will continue withe the direct questioning of Lawless, followed by an additional 1-2 more witnesses.
The first witness for the defense testified Monday that he ruled the March 7 fire at 150 Lafayette St. in Greenfield that killed Thomas and Stephen Coonrod had an "undetermined" cause, but that he was able to narrow the causes down to two possibilities: children playing with an ignition source, or "an intentional human act."
Wesley Coonrod is charged with two counts of aggravated murder in the deaths of his 3- and 4-year-old sons and could face the death penalty if convicted. He is also charged with aggravated arson, a felony of the second degree; two counts of murder, unclassified felonies; and two counts of child endangering, felonies of the third degree.
Kevin Keaton, a fire investigator from SEA, Ltd., a forensic analysis company that investigates fires for insurance companies and manufacturers, testified that he conducted an investigation into the fire, using his own research from the scene, laboratory tests, and pictures and evidence collected by the state fire marshal's office. Keaton was designated as an expert by the court and was paid by the defense to conduct the investigation. He was initially contacted by the defense in May and did not investigate the scene until the first week in June.
The state, represented by the Highland County Prosecutor's Office, has not finished presenting its case yet. However, as Highland County Common Pleas Court Judge Rocky Coss explained to the jury, the trial is progressing more quickly than anticipated. Keaton has to be out of the state Tuesday and will not return until next week, when he was initially anticipated to testify. In order to keep the trial progressing, both the defense and the prosecution consented to have Keaton offer his testimony Monday. The state will continue with the presentation of its case Tuesday.
Coss noted that this was the first scientifically based testimony that the jury has heard on the matter. On Monday morning, the state had begun direct questioning of fire investigator Trace Lawless of the fire marshal's office of the state of Ohio. He took the jury through his investigation process and several exhibits of evidence were presented, including photos of the crime scene and items found at the scene. Questioning did not progress to his scientific conclusions before Keaton had to take the stand.
As Keaton testified, the court was presented with a Power Point presentation that included more than 70 photographic exhibits of evidence that depicted the structure at 150 Lafayette Street. Keaton determined that the point of origin for the fire was in the front hallway of the apartment near the door. He said that he found no ignition sources at the scene.
He had taken several samples of carpet and carpet padding, which either he or someone under his direction tested. Keaton testified that he found no liquid accelerant in any of the samples and that he did not believe an accelerant was poured on the carpet.
Keaton testified that when he says he ruled the cause of the fire was "undetermined" that means he has ruled out possible causes, and that based on evidence he cannot make one determination on how the fire was started. He said he narrowed it to two possibilities, which was that one of the children started the fire or that it was caused by an "intentional human act."
Wesley, Stephen and Thomas Coonrod had been displaced from a home on Milburn Street in Greenfield after a fire broke out in early February. Keaton testified that, upon reviewing evidence collected by a fire investigator for an insurance company, that fire could have been caused by one of the children. That fire took place a little over a month before the March 7 fire that killed Thomas and Stephen.
Keaton said that it was determined that the Milburn Street fire more likely started in a plastic toy box, near a heating source. Photos of scorch marks on the heater, he testified, were consistent with having items pushed into the heater, "like a toy soldier" and was a "red flag" for him.
Toy soldiers were found in the closet where the bodies of Stephen and Thomas were discovered. Keaton said that the Lafayette Street fire could have been caused by one of the toy soldiers being lit on fire.
Keaton said that in the category of juvenile fire-starters, young children who start fires often do it in secret and are usually from "single-parent households where there is some type of abuse" such as "alcohol." Defense attorney William Mooney asked Keaton if there were any parallels that could be drawn between the Milburn Street fire and the Lafayette Street fire. Keaton said there were, including the fact that they were started late at night.
Thomas and Stephen Coonrod were found in a closet in a bedroom off the hallway where Keaton believes the fire started. According to testimony from both Lawless and Keaton, the door to the closet was shut before smoke or fire reached the bedroom. Keaton said the fact that they were found in the closet was consistent with the actions of a juvenile fire-starter.
Several witnesses have testified that on March 7 they smelled alcohol on Coonrod. Coonrod's ex-wife and the mother of Stephen and Thomas, Felicia Elliott, testified Monday that Coonrod told her he had "six beers" the night of the fire.
Keaton also testified extensively regarding the carpeting found at the Lafayette Street apartment, saying that it met "minimal" standards for being flame-resistant, and that when the carpet was combined with the older carpet padding underneath it "became combustible" and "continued to burn."
On cross-examination, Highland County Prosecutor Jim Grandey asked Keaton if during testing if he used a blowtorch on the carpet. Keaton said that a blowtorch had been applied to the carpet and it did not catch fire.
Grandey questioned Keaton as to whether or not he had considered if cigarette butts found at the scene had been an ignition source. Keaton said he had considered it. Grandey also questioned Keaton on a cigarette lighter found in the living room could have been a source.
Keaton said that a plastic toy soldier could have been lit on fire in the living room, where the lighter was found, and carried to the hallway where the fire started.
"Wouldn't they have burned their little hands?" Grandey asked.
"Not necessarily," Keaton said.
Questioning Keaton regarding his testimony regarding liquid accelerant, Grandey asked if he had ever used a charcoal grill, and Keaton said that he had. Grandey asked if when putting lighter fluid on charcoal, immediately after lighting it, "Do you put your steaks on right then?"
"No," Keaton said, because it would not be hot enough.
"And wouldn't your steaks taste like lighter fluid?" Grandey asked. Keaton said they might. Grandey asked if it was possible for an accelerant such as lighter fluid to be used at a scene, but there was no laboratory test to support it because it had all burned away in the fire. Keaton said it was possible, but he did not believe that happened in this case.
Grandey asked Keaton if in an investigation he had ever concluded that an accelerant had been used in a fire, but laboratory tests could not support the presence of an accelerant. Keaton said that has happened.
Grandey asked Keaton if his conclusions regarding the fire were "mostly consistent with the state fire marshal's office." Keaton said no, because he did not conclude that a liquid accelerant had been used.
"And you cannot within a reasonable degree of certainty rule out the fire was not started by an intentional human act?" Grandey asked Keaton. Keaton said he could not.
When testimony concluded and Keaton was dismissed, Coss told the jury that the state most likely would conclude with the presentation of its case Tuesday afternoon. The defense will then present the remainder of its case by Wednesday. At that time, jury instructions will be given, and closing arguments could be heard Thursday morning. Following closing arguments, the jury will begin deliberations.
While the jury is deliberating, they will be sequestered and under the supervision of the Highland County Sheriff's Office at all times. The court has retained hotel rooms for the 12 jurors and six alternates to stay in until deliberations are complete. While the alternates will not deliberate, they must be sequestered as well, Coss said.
On Tuesday morning, the state will continue withe the direct questioning of Lawless, followed by an additional 1-2 more witnesses.
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