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HomeMy WebLinkAbout1986 Second investigationA D D E N D U M 04/27/86 SEBASTIAN SUN FIRE EXHIBIT #1 Page 4 The Sebastian Police Radio Log shows Ptlm. V. Regan comming to the Police Station at 0506. Ptlm. Regan stayed in the Police Department until 0520. EXHIBIT #3 Page 25 Ptlm. V. Regan wrote a 1 page supplement on 4/28/86 stating that the windows at the Sebastian Sun Building were down when he did a building security check between 0500-0530 on 4/27/86. EXHIBIT #5 ,Page 95 Ptlm. V. Regan upon being interviewed by MASA Supervisor of Investigations Page 25 James Wark, stated the windows at the Sebastian Sun building were closed during his building security check made between 0500-0530 hrs. on 4/27/86. EXHIBIT #3 Page 17 A Ptlm. V. Regan stated that upon his arrival the Front East and West windows were open appox. 6 inches. Page 21 Ptlm. T. Arena stated upon his arrival, the N. East and N. West windows were open. Page 22 Ptlm. J. Johnson stated upon his arrival, the Front windows were open. Page 23 Chief Nappi stated the North East and West windows were open upon his arrival. EXHIBIT #18 Page 307 Mr. John Feasel was interviewed by Lt. J. Emrick and Det. T. Zeuch. J. Feasel reported the Sebastian Sun Fire, he also stated the Front windows were open I approx. 10 inches when he first observed the fire. EXHIBIT #1 Page 6 Sebastian Police Department Radio Log shows the Fire call dispatched at 0727. Page 7 Shows Ptlm. Regan and Johnson arriving together at 0730. Page 7 Shows Ptlm. Arena arriving at 0730. EXHIBIT #3 Page 18 Regans initial report. Regan states he questioned Feasel who was on the scene upon (Regans') arrival. EXHIBIT #2 Page 16 Fire Department Log shows 0724 as Time of Fire Report to the Fire Department. (this would be a consistent time) EXHIBIT#6 Page 131 Fire Marshal Report. Interview with J. Johnson only corroborated Facts already iknown. (What Facts were they) EXHIBIT#10 Page 171 j Field notes of Baller. Johnson stated windows were open approx. 6-8 inches. Page 189 I Chief Nappi observed the windows open. Page 190 Charlie Hill states it Looks as though the windows were open right before the fire. - 1 - EXHIBIT #14 Page 235 EXHIBIT #3 Page 18 Page 24 Page 22 EXHIBIT #10 Page 163 EXHIBIT #18 Page 305 Page 310 Page 310 EXHIBIT #6 Pages 136-137 EXHIBIT #13A Page 219A 04/27/86 SEBASTIAN SUN FIRE Regan Field notes. K. Meisenheimer interview. She stated she usually turns A/C to Off Position, not to Auto position. Lt. Puscher Taped interview with Fire Marshal Office, Puscher stated part of the initial findings were the A/C unit turned to ON Fan Position. •S.A. Inv. Reece Parrish observed the thermostat in this position as well as V. Regan and D. Disomma. In addition Lt. Puscher took pictures of this with Det. D. Disomma's camera. Pictures of same have since vanished from unknown custodian other than Disomma. Regan's Investigation. Regan states he observed the 1 gal. milk jug once inside the Building. The jug was without a Lid and it contained gasoline. It was in the South East Room (where photographed) He also smelled gasoline. Chief Nappi observed the gas jug in the "Lay Out Room". Ptlm. Johnson stated a Jug with Gas was Found at the Scene. Baller Notes. Fire Chief Buddy Arand saw the gas jug in the Back Room, smelled gasoline. Assistant Fire Chief Billy Adams stated he observed the gas jug in the Back Room approx. 1/2 full. Lt. Puscher stated he smelled gasoline and observed the jug in the Back Room approx. 1/3 full. Puscher also stated in the Fire Marshals Taped Inv. about the existence of the gas jug and who to ask to verify. Lt. G. Keuhn S. Co. F.D. advised Lt. J. Emrick that Tests done on a similar jug showed the jug should have melted at 225° and could not have been in the Building. Hill & Kuehn Final Report. Reported the opinion of experts is the jug (in question) could not have survived the Fire Temp. of 400-500° in addition there was no imprint of the bottle on the carpet. Laboratory analysis on a container of similar type showed a specific melting point. The Testing was done by a Scientist under controlled conditions with calibrated equipment. S.A. David Morgan advised Lt. Puscher, Lt. Emerick and Chief Nappi the Testing was done by Lt. Kuehn in his back yard oven. This was in response to Lt. Puscher's request for a copy of the Lab Analysis Reports. No Lab Reports were ever provided. Evidence Custody Sheet. These photos are of the plastic milk jug which was photographed in place. As stated by many witnesses, the jug was observed by many Police & Fire Personnel right after Fire Knock Down. The jug stands beside a Large Plastic Trash Can with a plastic Trash Bag inside. Neither the bag or the can show signs of heat damage. In addition, there was no heat or fire impingement in this surrounding area!lower than approx. 5' above floor level. 2 - 9 EXHIBIT #5 Page 105 EXHIBIT #6 Page 136 EXHIBIT #3 Page 18 Page 18 EXHIBIT #5 Page 54 Page 54 Page 54 Page 54 Page 58 Page 63 Page 68 Page 69 Page 69 Page 76 04/27/86 SEBASTIAN SUN FIRE As shown in Exhibit #5, the inter science Lab Report weathered gasoline was detected in a carpet sample taken from the area where the gasoline jug was found. (Weathered gasoline is gasoline which has been exposed to high heat). In addition, the same "weathered" gasoline was found in a debris sample taken from the Main Office. Fire Marshals Report. Examination of the floor showed no carpet out line of the bottle. The Fire Marshal failed to address the fact that the floor was wet and littered with debris which was blown around from high pressure fire hoses that were attacking the Fire from the North Side and the South Side. Reasonable consideration would indicate the possibility of a Fire hose relocating the Final Resting Place of the jug. Regan's Report. Regan reported observing a Floor Pattern on the carpet in the West Office. This "Burn" pattern had a zig-zag effect and had a burned charred cluster of paper at one end. Ptlm. Disomma was initial investigator, assisted by Lt. Puscher. Lt. Puscher gave a lenghty Taped interview to Fire Inspector Kuehn and S.F.M. Hill concerning the pour pattern observed. Chief Nappi gave a taped interview also discussing the floor pattern. Photographs were taken and 8x10 pictures developed. These photosand negatives were T.O.T. Fire Insp. Kuehn. MASA Final Report. Examinations of burn patterns at floor level in the NORTH EAST AND NORTH WEST Offices revealed they were characteristic of Fire Trailer patterns. (Pour Patterns) MASA obtained a Fire Debris sample including Carpet. Lab analysis of the sample revealed petroleum Dist. consistant with weathered gasoline. Samples taken from the West Office area showed petroleum Dist. consistant with weathered gasoline. MASA opinion incindiary Fire with Trailers used to extend the Fire. Diagram of Sebastian Sun Building. Refers to heat and fire extension on the North Side of a copy machine located in Fig. 9, page 67. Figure Ten (10) Copy reproduced shows something was copied out of the photo copied report given to S.A. Office. Entrance to Center and West Office. Fig. (1) (Page 58) Diagram, Figure 11, Page 71 Shows only Smoke Damage with Limited Heat Damage. Arrow in Photo (Fig. 13, Page 73) shows where gas samples were taken from. Gas samples showed signs of weathering. Refers to Fig. 17, page 79, showing severe floor level burning. At the P.O. note complete floor level burn through. ; Lt. D. Puscher gave a taped interview to S.F.M. Hill and Insp. Kuehn concerning the pour pattern and how it was pointed out to him by Asst. Fire Chief Adams. 3 - 3 EXHIBIT #5 (Continued) EXHIBIT #10 Page 191 EXHIBIT #5 Page 120-12 EXHIBIT A-1 Page 1-4 04/27/86 SEBASTIAN SUN FIRE Adams called Puscher in the building right after the Fire Knock Down. S.A. Investigator Reece Parrish was called to the Fire scene early on. Investigator Parrish was shown the existing evidence. S.A. Investigator Parrish cut out the carpet sample. On 7/23/87, Lt. Puscher and Det. Phelps interviewed James Wark, Sup. Of Inv. for MASA. Mr. Wark stated he found and photgraphed pour patterns in the North East Office which were consistant with the ones found and photographed in the North West Office by Sebastian Police Department. Wark also stated he provided color copies of these photos to the S.F.M. along with a Spiral Bound copy of his Report. The photos of the pour patterns in the North East Office were photographed on the bare concrete floor after debris removal. In addition, Wark stated he had an interview with the S.F.M. in Orlando and reviewed his findings. He also had a telephone interview with S.A. Wild and Det. Coleman from the Indian River County Sheriff Department sometime in August, 1986. Wark recalled receiving a PX from S.A. Morgan asking about "A Bunch of Loose Papers". Wark stated that he advised Morgan at that time, the report he provided was spiral bound. Safeco Report. Baller report begins with Page 3, the contents and location of Page 1 & 2 are unknown. MASA Final Report. Page 13 of the MASA Final Report interviewing Regan is missing. Contents unknown. Photo & Frame List Shows that a minimum of 4 rolls of film were developed. However, Exhibit #6 page 130, Roy Raymond stated that Disomma too'c 2 - 3 rolls of film of the scene. On Page 131 Kuehn reports photos were obtained from Sebastian Police Department and Joan Pepper showing the fire scene. The Film received from the Sebastian Police Department marked "Taken By George Pepper" Developed by IRCSO and stated there were no pictures on the film. Also stated is that film received from Sebastian P.D. taken by Disomma only had 11 frames. However, Exhibit A-1 page 1-4, consisting mainly of an exposed film frame # list, shows that a minimum of 4 rolls of film were handled by the Reporting Officers Kuehn & Hill. In addition to the one roll refered to as having not produced any pictures, Page 1 of Exhibit A-1 also shows that a great deal of pictures which are unaccounted fot were available to the Reporting Officers Hill & Kuehn. But, for reasons which are unexplained were not included in their report. In addition, the pictures were not provided to the Sebastian Police Department for their continued investigation. 4 - .-. POLI C P.O. Box 1 589-5233 GERALD J. NAPPI, POLICE CHIEF April 27, 1986�5— T 32958 589-5251 >VID PUSCHER, UNIFORM COMMANDER AVID CARTER, CHIEF INVESTIGATOR 0500-0530 - Ptl. Regan reported finding the light out at the Sebastian Sun Building and upon checking the Building found it to be secure. 1. Radio Log from Sebastian Police Dept. clearly shows Regan at the police station from 0506-0520 hours. 2. Fire Marshall's report states the fire smoldered between 2-22 hours prior to ignition. * Either Regan is mistaken about checking the building or he lied. * Either State Fire Marshall is mistaken or he lied. 0727 - Sebastian Sun Fire is reported. 0730 - Ptl. Regan and Ptl. Johnson arrive on the scene. 1. Ptl. Regan reports northeast and northwest windows open upon arrival and all doors securely locked. 2. Ptl. Johnson reports northeast and northwest windows open. 3. Ptl. Arena arrives at the scene of the fire at 0736 and reports the northeast and northwest windows open. 4. Chief Nappi arrives at the scene and reports the northeast and northwest windows were open. 5. Regan requests he used the northeast window to gain entry several times. 6. Ptl. Regan and Chief Nappi report that Chief Nappi used a pocket knife to open the northeast door. 7. John Feasel who reported the fire, testified the windows were open , - 1 - /d .0. .-. April 27, 1986 Page Two 8. State Fire Marshall Charles Hill stated to this Lt., Puscher, that the windows could not have been open long before the fire due to the lack of hydro carbon evidence on the window chanel * Either Ptl's. Regan, Johnson,Nena, Chief Nappi and Lt. Puscher and others are mistaken or lying about finding and or observing the windows open or State Fire Marshall Hill is mistaken about his findings and/or observations which were made approximately 4k-5 hours after the fire was suppressed. 0830-(Approx.)-The fire was suppressed in the building. 1. Assistant Fire Chief Billy Adams walked through the building from front to rear and exited through the roll -up door. 2. There he requested Lt. Puscher to enter the building to ob- serve what he had found. 3. Upon entering the building through the rear roll -up door, Lt. Puscher stated he smelled the odor of gasoline. 4. Asst. Fire Chief Billy Adams stated to Lt. Puscher that he had located what he believed to be a pour patter on the car- pet in the northwest office. 5. Lt. Puscher and Adams viewed the carpet and the scene was protected. 6. Asst. Chief Adams testified he observed seeing the one gallon jug in the southeast room containing approximately one-half gallon of gas. 7. Asst. Chief Adams stated he pointed out the jug to two police officers whom he does not recall. 8. Lt. Puscher testified he located a one gallon plastic jug in the southeast room containing approximately one-third voltme of what appeared to be and smelled like gasoline. Very shortly after the fire was suppressed and that he (Lt. Puscher) smelled gasoline upon entering the building initially. 9. Ptl. Regan reported he and Lt. Puscher located the gas jug and protected the area for photos and evidence collection. This was also testified to by Lt. Puscher in the Fire Marshall inter- view at Indian River County Sheriff's Office, North. - 2 - April 27, 1986 Page Three 10. Other persons reported observing the gas jug in that location also. 11. State Fire Marshall Bill reported the gas jug played no role in the fire. 12. State Fire Marshall Hill stated the fire was the cause of an electrical short in a wall socket. 13. Lt. Puscher testified that he could not accept that Hill's theory because nothing was connected to the wall outlet, therefore, there was no current flow. * Photos were taken by Sebastian Police Department before cleaning of the fire scene. 1. These photos clearly show a pour pattern on a carpet in the northwest office with a paper trailer used for ignition. 2. M. A. Stringer & Associates reported that professional examination by certified expert witnesses and a certified electrical engineer revealed that the shorting indicated on the wire of the wall socket in question was the result of external heat applied to the wire, rather than from an electrical short. 3. M. A. Stringer also produced laboratory tests clearly showing that gasoline was located in the northeast office, (an area not reported by other reporting investigators) to have had gasoline. 4. M. A. Stringer also provided clear color photos showing a pour pattern in the northeast office. These photos were taken of pour patterns on the bare concrete floor. After the debris was scrapped off. 5. M. A. Stringer (Jams Wark) provided copies of these color photos, and direct testimony of their existence to the State Fire Marshall's Office. Figure 24, page 36 of M. A. Stringer Associates report. 6. M. A. Stringer & Associates reported in their findings that lab analysis of the gasoline soaked articles col- lected in all areas of the building showed that the gasoline was weathered. (The term WEATHERED is an arson investigators term used to describe gasoline that has been subjected to the high temperatures of a fire). -3- .-\ •-I April 27, 1987 Page Four It must be noted that all evidence which was collected by the Sebastian Police Department was turned over to Lt. Gunter Keuhn of the South County Fire District. All evidence submission papers and laboratory analysis reports were requested by Lt. Puscher in August, 1986 from State Attorney Morgan. State Attorney Morgan stated that the Sebastian Police Department had received all documents which had been provided to his office. With the issuance of subpoenas directed toward individuals and for items, we can clearly prove that an arson fire took place at the Sebastian Sun and that an arrest in the case is likely. -4- /3 POLIC fJE -A`MENT CI. OF"" ES,r AN P.O. Box 127t,y.S,g1t57t60RIDA 32958 589-5233 k� _TaG�NCV:'' 1j 589-5251 GERALD J. NAPPI, POLICE CHIEF August 24, 1987 Sebastian Sun Fire Case # 86-0909 Lt. DAVID PUSCHER, UNIFORM COMMANDER ., Lt. DAVID CARTER, CHIEF INVESTIGATOR Extraction from Taped Interview of Subject:Fire Chief- Lilly Adams Asst. Fire Chicf Lilly Adams was interviewed at Sebastian Police Depart- ment by Lt. John ETrick and Det. Ted Zeuch, August 20, 1986. The inter- view was taped and the tape is located at Sebastian Police Department. The following statement was extracted from that taped interview: Adams stated he has been a fireman for approximately 17 years. He stated he was on the first truck to arrive at the scene. They fought the fire with other units for 25-30 minutes before knocking doom the flames. Adams stated only firemen were in the building until after Imockdown. Adams also stated he did not observe civilians or police officers in the building. Adams stated he did not see anyone carrying items from the building. After the fire was knocked down enough he entered the building with an air pack. tic opened the roll -up door from the inside. Adams stated he saw what- he believed to be a fire trail on the floor and he pointed this out to the police and the fire department. Adams also stated that on his initial fire scene search he observed the gas jug approximately one-half (z) full with gasoline. Adams stated he has not been interviewed by any other agency to date. Davi Lt.J Puscher ill'," /6 POLIC P.O. BOX 1`2 r.- 589-5233 GERALD J. NAPPI. POLICE CHIEF August 24, 1987 Sebastian Sum Fire Case # 86-0909 ENT 32958 589-5251 r I �ii Lt. DAVID PUSCHER, UNIFORM COMMANDER t' Lt. DAVID CARTER, CHIEF INVESTIGATOR Extraction from Taped Interview of Subject: John Bruce Feasel John Bruce Feasel was interviewed Oct tape under oath at the Sebastian Police Department, August 21, 1986. The tape is located at the Sebastian Police Department-. The investigation was conducted by Lt. John F.mrick and Det. Ted 7euch. The following information was extracted from the recorded interview: Jot -in Feasel is a security guard at the St. Lucie Nuclear Power Plant. Feasel works a rotating shift and was on his way home on clearmont. Street, Scbastim, when he observed smoke coming from the Sebastian Sun Building. Feasel drove approximately one-fourth (.-) mile to a phone and reported the fire on 911. Feasel then returned to the fire scene. Feasel stated he observed Ptl. Regan and another officer arrive with 3-5- minutes. Feasel stated the windows on the building were open approximately 10 inches. Feasel saw one officer enter the building with a fire extinquisher which the officer removed from his car trunk. Feasel knows Chief Nappi and observed him arrive after the officers. Next- to arrive were two women from the Sebastian Sun Newspaper. Regan would not let the women (Pepper & Meisenheimer) enter the buidding. Feasel stayed at the scene for approximately one-half (z) hour. During this period Regan interviewed him. Feasel stated Regan was the only one to interview him until this interview was conducted. Once he was contacted by a newspaper and he only told them he saw the fire and reported it. ' j Lt. avid J. cher 17 POLI C P.O. BOX 1 589-5233 GERALD J. NAPPI, POLICE CHIEF August 24, 1987 Sebastian Sun Fire Case # 86-0909 Extraction from Taped Interview of Subject: State Investigator Reece Parrish T 32958 589-5251 AVID PUSCHER, UNIFORM COMMANDER 'AVID CARTER, CHIEF INVESTIGATOR State Investigator Reece Parrish was interviewed by Det. Lt. John Emricic and Det Ted Zeuch of the Sebastian Police Department. The interview was conducted at Sebastian Police Department on August 27, 1986. Parrish was interviewed on tape and the tape is located at Sebastian Police Department-. The following information was extracted from the taped interview: Investigator Parrish had on a previous occasion advised the Sebastian Police Department administrators that he was a trained arson investi- gator and he would gladly assist the Sebastian Police Department with arson investigations upon request. Inv. Parrish was notified April 27, 1986, of the Sebastian Sun fire and requested to respond to the scene. During the interview, Inv. Parrish stated facts which were used to complete the following narrative. Parrish responded from his house.and arrived on the fire scene and talked to Lt. Puscher. Lt. Puscher gave Parrish a briefing of what had transpired and brought Parrish up to date on suspected evidence which had been located and identified. Parrish stated he smelled a faint odor of gasoline when he first arrived in the northeast office. Parrish emphasized that he had a very sensitive nose and that he also observed the gasoline jug in question, but could not recall if Puscher or DiSolma had the jug. Parrish stated the fire was presumed arson when he arrived an the scene. He stated he had a conversation with Lt. Puscher about possible suspects but Puscher would not be specific about who called in past threats to the Sebastian Sun. -1- iF .-k 10-. Sebastian Sun Fire Taped Interview Subject: State Investigator Reece Parrish. August 24, 1987 Page Two Parrish stated that he was later told by the State Fire Marhsall and Indian River County Sheriff's Office that Pat Flood ("flood") was a suspect. Parrish stated the building was secured to keep bystanders out and for security reasons. Parrish observed the pattern on the carpet and suggested that a sample be collected. Parrish turned the carpet sample over to Det. DiSortma, who in turn, turned it over to Charlie Hill. Parrish mentioned he looked for spalling and staining under the area where the carpet section had been removed. Parrish suggested notifying the State Fire Marshall and at first Puscher re- jected the proposal with the question, "Don't you think we can do it?" (E)hibit 1, pg. 8, radio log gives times of notification). This was the only basis for rejection. Parrish followed the fire path up into the ceiling,. Parrish could see where the flames traveled up into the ceiling area. There was not an extensive amount of flame. After lunch, State Fire Marshall Hill arrived at the scene. Hill was shown the suspected pour pattern. Hill requested the found gas jug be replaced to the original position. Regan was present at that time. State Fire Marshall disputed that gas played a part in the fire and stated some over hanging paper towel would have burned near the pour pattern. (NOTE: This does not appear in the early morning photos but Hill points it out 5 hours later after a partial salvage operation by the fire department.) Parrish stated that he saw State Fire Marshall Hill take debris samples and he thoudit those samples were given to State Attorney Morgan. Parrish stated he left Hill at the scene at approximately 2:00-3:00 PM. Parrish noted that the heat line was well above floor level. Parrish felt positive there was no gasoline on the desk where gasoline was later reported, he also felt that whoever reported finding the gasoline should be scrutinized carefully. Parrish stated he had a meeting with Detective Coleman, Detective Dubose, Lt. Reese, Lt. Kuehn and State Fire Marshall Hill which lasted approxi- mately 12 hours. Lt. iav;id.,Vusc�er - 2 - 19 A". POL 589-5233 GERALD J. NAPPI, POLICE CHIEF August- 24, 1987 Sebastian Sun Fire Case # 86-0909 Extraction from Taped Interview of Subject: Ptl. James Johnson NT JA 32958 589-5251 DAVID PUSCHER, UNIFORM COMMANDER DAVID CARTER, CHIEF INVESTIGATOR Ptl. James Johnson was interviewed by Lt. John EnTrick and Det. Ted Zeuch at Sebastian Police DepartnIent August 25, 1986. The interview was taped and the tape is located at Sebastian Police Department. The following, information was extracted from the taped interview: Johnson stated that when Regan entered the building, he could see him standing in front of the fire. (EXTRACTED FROM SUMMARY: The fact that Regan could enter the building twice in an upright, unprotected position would indicate the heat and smoke were limited). After the fire was put out, State Investigator Parrish showed him the pour pattern on the floor. Johnson stated he assisted Parrish in re- moving the section of carpet which contained the pattern. Johnson and Regan went to collect gasoline samples from all local sources. 14-ien Regan and he returned from collecting the samples, State Fire Marshall Hill was with the jug. Johnson stated he 'saw the plastic jug in the middle of the room. Hill was there and the jug was estimated to be one-fourth (k) full. Johnson stated that Regan kept saying, "I gotta catch who done this." Johnson stated "Coleman and Hill drilled me" whether Chief Nappi or Lt. Puscher put things in my head. elf f Lt. David J. Pus . ier a(D .. Pot • c. 589-5233 GERALD J. NAPPI, POLICE CHIEF August 24, 1987 Sebastian Sun Fire Case # 86-0909 Extraction from Taped Interview of Subject: George Pepper ENT :)A 32958 589-5251 :. DAVID PUSCHER, UNIFORM COMMANDER L. DAVID CARTER, CHIEF INVESTIGATOR George Pepper was interviewed by Lt. John Emrick and Det. Ted Zeuch at Sebastian Police Department, August 19, 1986. The interview was taped and the tape is located in Sebastian Police Department. The following information was extracted from that taped interview: George Pepper stated he arrived on the scene after his wife, Joan. He stated his wife was taking pictures of the outside of the building. George Pepper stated that upon the arrival of the fire department you couldnw 't see two feet into the building because of the heavy oke. George Pepper stated that he received the camera from Joan Pepper and took one (1) complete roll and a partial second roll. Pepper stated that the newspaper rolls their own film and they put approximately twenty-four (24) photos per roll. Pepper stated he gave the film to Lt. Puscher or Det. DiSolmla to develop. (NOTE: EXTRACT FROM SUNMARY- The Sebastian Sin developed at least one roll and turned the entire negative sleeve over to the Fire Marshalls). Once George Pepper got inside the building, he took pictures of the area where the fire was believed to have started. He stated that the Police Department also inquired; to insure that Pepper tool, photos of the point of origin. Pepper stated that Ptl. Sherbrock followed him around the building, not leaving him alone. Pcpper stated he also saw the gas jug in the back room. Puscher, DiSomna and a couple other police officers were there. Pepper stated he was asked by the Fire Marshall's if he had heard any derogatory remarks made against him (the State Fire Marshall). Pepper stated that the only derogatory statement he heard was made by Regan. -1- ai Sebastian Sun Fire Taped Interview Subject: George Pepper August 24, 1987 Page Two Pepper stated he could smell gasoline at papers outside of the building after the fire had been extinguished. Pepper also stated that he advised the Fire Marshall that Vic Regan was the only one he knew of that was left at the building prior to the arrival of State Fire Marshall Hill. Pepper stated he was'not satisfied with the Fire Marshall Investigation because the investigating agencies were not working, together and that the presence of gasoline was not explained. Pepper stated that no gasoline was used or kept an the premises. Pepper stated that later in the day, Vic Regan spotted gasoline under a blue canister which he picked up. Pepper stated that he felt- the entire line of questioning was designed to support someone's theory and had little to do with what appeared to have actually happened. Pepper stated that Puscher had advised him that there was gas in that bottle and they suspected Arson. No one was to touch anything and from that point on, everyone was very, very careful that no one came inside. Pepper stated he was friends with Vic Regan and that he knew Regan and his girlfriend, Shirley Ballough, were having trouble. (Shirley Ballough was a newspaper employee at the Sebastian Sun). - Lt.�David J. cher -2- o?CR look" POLI C P.O. Box 1 589-5233 GERALD J. NAPPI, POLICE CHIEF August 24, 1987 ENT :)A 32958 589-5251 DAVID PUSCHER, UNIFORM COMMANDER DAVID CARTER, CHIEF INVESTIGATOR Sebastian Sun Fire Case No. 86-0909 Taped Statement of Subject: Ptl Gary R. McCarthy by Det. Ted Zeuch & Lt. John Fmrick Investigation Report of fire -Arson - was reported on April 27, 1986 Case # 86-0909. Tape made after Ptl. McCarthy was placed under oath and advised of interview being taped and gaining consent from Ptl. McCarthy of taping of same. Interview Conductecr August 20, 1986. Det. Zeuch - First we want to establish a report time - the report time is 0727 on the 27th day of April, 1986. Q. Did you have anything to do with this fire investigation? A. No, I wasn't on the shift - I wasn't on till "C" Shift that day. Q. What time is "C" Shift? A. 1600 Q. Can you explain to us in your own words ..... Have you been interviewed by anybody at any time about this? A. Uh, Huh, Gunter Kuehn and Charlie Hill of County and State Fire Marshalls Office. Q. Was anybody else in on that interview: A. Uh, Huh - I believe it was Detective Coleman of Indian River County Sheriff's Office sitting in on it. Q. Did all three ask you questions? A. No, primarily Charlie Hill and second Gunter Kuehn and I wouldn't say Detective Coleman asked any questions. -1- a3 r. 100�, Taped Statement of Ptl. Gary R. McCarthy Case No. 86-0909 Page Two Q. He asked none at all? A. Not that I remember - if any, hardly any that I remember. Q. Okay, would your explain in your own words what you know about this incident - this fire -Arson case? A. As far as I heard, there was a fire reported at -in the area at 0700 with Vic Regan and Tony Arena and James Johnson responded and I believe the Chief cam out and I think they were trying to salvage some things and when I came on duty at about 1600 area, I was called to go the the Sebastian Sun. I don't remember whether it was dispatch that told me to go or whether it was Andy Catalone or I don't really remember who it was and I went there and there was different people around. The Chief was around, the Peppers and Vic and they were trying to salvage things from the fire and alot of people milling around and Q. Was this within the building or just on the outside? A. I would say both..inside and outside as I remember and I don't know, its hard to say how long I was there, maybe about fifteen or 20 minutes and I left the scene and then I was called back by dispatch and I was in the area of 512 and Chessers Gap and they said there was additional, I believe, additional evidence found and I turned around and a white car came over to me. I believe it was a 4 door white LTD or Honda, had a man in it with dark, kind of dark curly hair and thick glasses and he said, he kind of flagged me down and he said there was additional evidence that had been found. I never got a tag number or anything and went back to the Sun and went inside and everybody was looking at liquid -that was clear liquid that was I believe it was on a table and underneath an appliance I take was a computer under- neath a typewriter. It looked like it was spilled on the table and people were getting paper bags - I might have assisted with that and uh - I think Vic and some other people were wiping up the kind of absorbing the gasoline and putting it in paper bags you know to I think have analyzed or something like that and that was about it basically. -2- G2y /M*#. Taped Statement of Ptl. Gary R. McCarthy Case No. 86-0909 Page Three Q. Did you ever find out who the subject was in the vehicle - in the white vehicle? Lt. E=ick A. No Q. Have you ever seen him around before? A. No I haven't - I wish I had gotten a tag or something like that but I take it he came from that area - from the Sebastian Sun area. Q. Was Lt. Kuehn and State Fire Investigator Charlie Hill on the scene when you arrived? A. I don't believe they were. Q. Did you enter the building at all? A. Oh yeah. Q. Was this the first time you were there or the second time? A. I was there, that was the second time I was there - when I was called back for evidence found or something like that. Q. You were given this evidence? A. I don't remember who took the evidence. I think Andy, Vic and the Chief starting working with it, absorbing the gasoline up with paper towels and putting it in bags and that type of thing, now who brought it to the station and stuff I really don't remember. Q. In other words, they didn't give you any evidence - they just called you back. (McCarthy -Yeah) as a witness? A. I believe so. You know I thought I was going to be taking the gasoline in but I don't really remember taking any, absorbed gasoline you know or paper or anything back to the station. Q. But you did see a plastic bottle - was that there or are you just referring to the liquid that was of top of the computer? A. I really just remeber the, the definite thing I really remember was just the liquid I take was gasoline on the table and under the typewriter and all of that. Q. Gary, I think you said when you were there the first time, there were a lot of people milling around inside and out. Do you re- call seeing any of these people carrying things out of the building at all? -3- EM Taped Statement of Ptl. Gary R. McCarthy Case No. 86-0909 Page Four A. I would say so. It looked like Karen, the Sebastian Sun Reporter and Peppers and Vic and the Chief was there, whether he was carrying things out or not I don't think - I don't know but whether there was a few other people or not I really can't remember, its possible but I really can't remember who they were. There was, they were kind of looking like they were trying to salvage things that might have been good or whatever, bring things out the front door. Q. Vic was helping them do that? A. Uh, Huh - I think they were loading them on to his trailer. Q. Was that the first time you were there then or the second? A. I would, I'm not positive but I would say probably both times. Lt. Emrick ... Okay. Q. You said when you got called back because some further evidence had been found, did you actually receive a call or was that the information you got from this unidentified person? A. A call, I got it on the radio I believe from Central. They said additional evidence (LT. EMICK - and they were requesting you to return?) was found. MCCARTHY - Right. I was probably, probably as I was turning around in the area of 512 and Chessers this other vehicle came up to me - this white vehicle. Q. Can you describe that vehicle at all? A. I would say it was a late model, probably a 4 door white subcom- pact like a Ford Fairmont or a Honda - not the super small Honda but kind of a subcompact - very white and new looking and probably a man maybe in his early 40's, early to mid 40's with glasses and a white shirt. He said to come back there that additional evidence was found or something to that extent. He went back to the Sun though also. I drove back and he drove back to the place and that's when I went in and saw the gasoline or liquid all over the table and stuff. Q. Did he stop there? A. I believe he did, yeah. Q. Have you at any time had any conversations with Vic Regan re- garding this fire: A. Oh yeah. Or4e 0 AO. ^\ Taped Statement of Ptl. Gary R. McCarthy Case No. 86-0909 Page Five Q. Can you relate any of those conversations? A. Yeah, I would say he said, I would say I asked him who suspects were and one of the times he said he can't comment about it and another time I asked him it it would be the people like Flood or Trowbridge (sp) or any of those people and I believe he said they would have to be _ _ and then there was a further conversation where he said seething to the extent there was four suspects to do with the, I think he meant with the fabrication, if I'm not quoting exactly, fabrication of evidence. I think he was talking about the Chief and the Peppers and he mentioned a fourth person or I'm not sure if he mentioned a fourth person but, or I don't remember the fourth name but I definitely remember those other names. Q. When did that conversation take place? A. I would say late May just before or just after he resigned. I could figure it out looking at a calendar. (Pause) I would say it was probably June 9th. Q. He said he had, there were four suspects back at that time: A. Yeah, I believe to do with, he said that they wanted, that the Chief wanted him to, I believe, change his report or something to that extent. Q. And he specifically told you those names at that time? A. Uh, Huh. Q. The Chief and the Peppers (GORY-Uh, Huh, Right) and the fourth one that he didn't mention, he didn't mention the name or you don't remember it or (GARY - I don't remember a fourth name or whether he mentioned it or not or I don't remember, I really don't remember but I remember the other three names. That they were to do with - he was implicating them in fabrication of evidence or something to that extent to make it look like Arson so he was telling me and that he was going to give the report the way he wanted to give it and the way he wrote it up to the Sheriff's Department and State Attorney's and you know the Fire Marshall's and all that. -5- a7 Taped Statement of Ptl. Gary R. McCarthy Case No. 86-0909 Page Six Q. Where did that conversation take place? A. At his house. Q. Can you think of any other statements that he might have made concerning the fire at any time? NO TAPED ANSWER Det. Zeuch Lt. Emrick Q. Did he mention anything about the gasoline? A. Not really - As far as who put it there or anything like that? Q. Did he mention that gasoline was found there? All over papers and places? A. Not really, but uh, No - he didn't, No. Q. Did he voluntarily give you the suspects, the names that he advised you? A. _ I stopped at his house and I was talking and it was that day, June 9th, Monday night, and we were just talking about the police department about different things and I didn't have to pry it out of him, whether I asked hime about it or whether it came up in conversation I don't remember, but I didn't have to pry it out of him, it came pretty freely. Q. When you asked him about Trowbridge (sp) and Flood and whoever else was mentioned, how did you come up with those names in particular, to ask him about? A. Well, because Flood was a, you know it's kind of common knowledge, an enemy of the Sebastian Sun and I believe also Trowbridge (sp) was on tape saying that there was going to be a - he was going to burn the Sun down or something to that extant at the taxpayer's meeting. Q. Having that in mind, that was your reason (MCCAF=, Uh, Huh) for asking him if those were people he had as suspects A. Right. Q. Can you think of anything Gary, that might be pertinent that we haven't asked you that you think you should tell us about? A. Not really, No not that I can think of that, uh. -6- O?F .1 Ao. Taped Statement of Ptl. Gary R. McCarthy Case No. 86-0909 Page Seven Q. Did you have any specific duties when you were at the fire that, did anyone give you specific things that you were required to do in any specific order from anyone, or? A. Not really, No. Q. You just responded there for a few minutes and then you left? A. Yeah, just told to go over there, I forget whether it was Central or whether it was the Chief or Andy, I really don't remenber, just to go over there I think, probably the purpose was to you know, to secure the scene or something to that extent. DROP OFF IN TAPE - Next voice heard McCarthy - especially to Charlie Hill, yeah. Lt. Emrick Okay - just (sounds like) were internipted for a few seconds, the tape is back on. Q. Gary could you tell us anything that you recall in your inter- view with Lt. Kuehn and Charlie Hill regarding this fire? A. Charlie Hill and Ginter Kuehn, they were asking me if I heard in any way of anything said about the State and County Fire Marshall's Office that they were, uh, something negative, that they were being bribed or paid off or something to that extent as far as the investigation and I said I never heard of anything like that which I didn't and I think they asked me if the name, uh, Flood was ever mentioned and I said that Vic Regan said that you know, when I asked him if he and some other people would be a suspect and he said he would have to be and that's a couple of things that come off the top of my head. I was in there probably about a half hour. Lt. Emrick ... Okay, well I haven't got anything further, how about you Ted? Det. Zeuch A. I have no further questions. Lt. Emrick ... If you don't have anything further, we'll conclude the interview at 1727 hours. END OF TAPE...... This interview consists of 7 pages and was transcribed on 8-24-87. -7- ay ��ui,lli lii�li�+,i 1,�. hl' u,nilil l�iuc'1.lisluiva �' 1500 Ulu 'Dixie I liYlni)uy Vero Beach, 1-1oridu 32y6O ?elephone (305) 562-2028 May 23, 1986 ATTN: Don Steverson, Chief office of State Fire Marshal Larson Building, Suite 447 Tallahassee, Florida 32305 SUBJ: Sebastian Sun Fire Dear Don, Pursuant to our conversation May 21, 1986 regarding the above subject, please be advised that Mr. Charles Hill, DSFM, and myself have physically inspected the fire scene in question. Based upon my personal observation, it is my opinion that the fire started near an electrical outlet, specifically the outlet directly in the original fire area next to the interior doorway. My opinion is based upon the following evidence which I observed: 1. Lowest point of burn was to the stud to which the outlet was fastened. 2.' There was only one area, specifically the doorway, initially effected by fire. 3. The stud at the point of origin, measuring approximately 2"x4", was completely charred showing char layers through the material. 4. The composition of the char showed destruction of wood fibers through application of heat in an oxygen deficient atmosphere. 5. The pyrophoric carbon layers examined showed an estimated burn time of approximately 2 1/2 hours. 6. The point of origin was enclosed both sides with 1/2 hr. rated sheetrock, which had not been penetrated by fire. This indicated that the fire started within the wall. 7. The fire travelled upwards between two studs and vented itself at rafter base. No firestops were observed within the wall. 8: The area previously believed to have bean a pour pattern in the doorway was examined. The removed hollow —core door showed no signs of fire. No hest or fire damage on the bottom of the door was noted. 9. No signs of incendiarjsm was observed and the examination of doors and windows showed no signs of forced entry. (�l Sebastion Sun Fire Page - 2 - It should be noted however, that the scene appeared contaminated and could not be reconstructed as originally found by firefighters. In addition, I observed cans labeled to contain mineral spirits and lacquer thinner in the back area remote from the fire. No odor of a petroleum distillate was noted. Sincerely yours, Lt. Gunter 0. Kuehn Investigator GOK:dp cc: H. T. Bethea, DSFM .-._ POL C P.O. Box 589-5233 GERALD J. NAPPI, POLICE CHIEF 'ff IlA September 1, 1987 Sebastian Sun Fire Case # 86-0909 MENT AN RIDA 32958 589-5251 Lt. DAVID PUSCHER, UNIFORM COMMANDER Lt. DAVID CARTER, CHIEF INVESTIGATOR Interview of Buddy Arand - Excerpts by G. Nappi, 8-31-87 listening to taped interview SUBJECT UNDER OATH: conducted by Lt. Emrick & Det. Zeuch 8-20-86. Interviewed couple of weeks after fire by Hill & Kuehn - Did not smell gas - 3 desks to use phone - no gas smell - saw bottle-1/5 full and some on rug Windows up 6" - Fan running, air off -heard this - Wood charred near receptacle -wood would take time - Arrived about 8:05 AM first time - Adams in charge - Swingle 2nd in charge Back later: for 2nd time after church. - Jug - Someone pointed out jug to me (Asst. Chief or Police Officer) - Hill got there when I was there with tarps. Found wire melted, wood burned. Carpet samples in 3 rooms. About 1:00 PM when Hill got there. - Burned newspapers in west office appeared dropped on floor. - Electrical fire could smolder. 2 X 4 would take 5-6 hours to char. Intense heat. Normally, if wire gets that hot it will pop breaker. If fire smoldered for 5-6 hours, smoke should have been present - 1 - Sebastian Sun Fire Case # 86-0909 Excerpts by G. Nappi, 8-31-87 Page Two Interview of John Feasel - 8-21-86-Taped Interview conducted by Lt. Emrick & Det. Zeuch. SUBJECT UNDER OATH: - Regan only guy interviewed him 4-27-86, day of fire. Stayed k hour after police arrived. - Feasel never talked to anyone about this fire except Regan. - Today Paper called him and he said he saw fire and re- ported it. Nothing else. - Said two women went in building before fire department got there. - Never talked to by Sheriff's Office or Fire Investigators.. - 2 - d Sebastian Sun Fire Case # 86-0909 Excerpts by G. Nappi, 8-31-87 Page Three Interview of Karen Meisenheimer - SUBJECT UNDER OATH: 8-21-86-Taped Interview conducted by Lt. Emrick and Det. Zeuch. (I'm listening same as others - excerpts....) She was interviewed by fire investigation people and Det. Coleman of Sheriff's Office after fire. All asked questions. They asked her: - Windows down - Yes - Hill told her she wasn't sure the morning of the fire and I said that isn't true, cause I was sure they were closed. - Wanted to know about rumors and if Nappi was around. Said Regan said this. She said.Nappi was not even around. - Lot of questions about what she heard about Hill. She saw Regan copying notes at Sebastian Sun Office and Regan kept them. Regan told her he turned them into the Sheriff's Office and Regan told her Sheriff's Office wanted them, so he turned them into Sheriff's Office. This was after Regan quit and Regan said Sheriff's Office very in- terested in fire. Hand written notes and print out sheet on Carl Renzi. She never went to scene until later - after meeting at Mother's Kitchen, probably about 11:00 AM. Entered building with C. Hill, that's first time in. Parrish in there, Hill, me and one unknown. Never saw jug of gas. Carried stuff out after Hill left scene. - 3 - tiL Case Report Supplement Page 1 of 1 Sebastian Stu Fire Investigation Case No. 86-0909 Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Emrick & Det. Zeuch SUMMARY - Submitted By Detective Ted.Zeuch The investigation of the Sebastian Sun fire, Police Case #86-0909, was reopened on August 19, 1986. Sworn, taped interviews of 19 witnesses were -taken. It was determined that the origin of the fire was in a wall behind an electrical outlet. The cause of the fire was determined as an electrical defect. It was determined the fire -;moldered for approximately two m►d one-half (2.r,) hours.. The fire was reported by John B. Feasel at 0727 hours. Officers Vic Regan and James Johnson arrived and secured the scene. The fire department responded and basically put the fire out. Investigators and supervisors were called to the scene by Officer Regan. Chief Nappi and Lt. Puscher requested State Attorney Investigator Reece Parish to respond to the scene and assist with the investigation. After a preliminary examination of the scene, a call was placed to the State Fire Marshall's Office for an investigator. 1/6Y . L JD F--_ Al CPA Det Ted Zeuch oq- 36-8to Date Case Report Supplement Page 1 of 6 1. Sebastian Sun Fire Investigation Case No. 86-0909 Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Emrick & Det. Zeuch CONCLUSION: Submitted By Detective Zeuch Officer Vic Regan stated in his report that he checked the Sebastian Sun Newspaper office at 0530 hours. He stated the front light was off, windows were down and nothing seemed suspicious. FACT: Officer Regan's girlfriend, Shirley Ballou, was employed by the Sebastian Sun Newspaper as Office Manager at the time of the fire and she had keys to everything in the building. At 0701 hours, Officer James Johnson, who was working Zone #l, checked a parked vehicle and tag with negative results. Officer Regan, who was working Zone #3, came out of his Zone working area and met Officer Johnson and advised him they had to go back and wake up the occupants of the vehicle. This occurred at 0707 hours. This incident check took until 0727 hours when the call to the fire was reported. From this point on, stories and reports started to vary. Officer Regan advised, upon his arrival the two (2) front windows were open from 6 to 12 inches, yet 2 hours earlier they were closed and the fire investigators stated the fire had smoldered for 22 hours. Chief Nappi and Lt. David Puscher were notified and responded to the scene. Lt. Puscher had the fire scene secured by crime scene tape. Detective DiSomma was called and he responded. State Attorney Investigator Reece Parrish was requested to respond and he did. South County Fire Investigator, Lt. Gunther Kuehn was also notified. State Fire Marshall, Charles Hill was called and he responded. A full fire investigation was begun by all of these professional people. FACT: Tire tracks were found at the southeast corner of the property. Lt. David Puscher had to take the pictures as Detective DiSomma knew nothing about this type of photography. Photographs were also taken of the interior of the building. A plastic one gallon, milk type container with a fluid that smelled like gasoline, about one third full,was found on the floor in the building close to the main burn. Detective Ted Ze Date Case'Report Supplement Page 2 of 6 Sebastian Sun Fire Investigation Case No. 86-0909 Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Emrick & Det. Zeuch CONCLUSION, cont'd. This was observed by Assistant Fire Chief Billy Adams and pointed out to Lt. Puscher. There also seemed to be pour patterns on the carpet. A twisted up newspaper, burned, was also found stuck to the carpet. All evidence was collected and turned over to Detective DiSouma, who was also the Department Evidence Custodian. FACT: That upon arrival at the fire scene, Officer Regan crawled in and out of a window several times without opening either front door from the inside for easier access. At 1121 hours, Officer Regan and Officer Jobnson were assigned a detail by Chief Nappi to collect gas samples from area service stations. Reported were two different numbers of pick up points. Officer Regan showed 9 in a report, Officer Johnson's report list 16. Supposedly, 42 samples of gasoline. On evidence room paper work, shows 52 samples in 3 ounce bottles were turned over to Lt. Gunther Kuehn from Officer Les Hartwell, the new evidence officer. No report or information from Officer Regan to show where the extra evidence or samples came from. At 1347 hours, Officer Regan returned to the fire scene. At 1518 hours, Officer Regan cleared scene and went hare. At 1742 hours, Officer Regan reported he found gasoline spills in the western section of the building on a desk top, on top of a computer, under a blue plastic cassette holder and over papers on a table beside the desk. Officer Regan said Joan Pepper showed him these "new found" gasoline evidence, but in her interview she stated Officer Regan picked up the paper and said, look, smell the gasoline on these papers. In Officer Scott Sherbrook's interview, he advised when firemen were in the building extinguishing the fire, he had removed said blue plastic cassette holder from the top of the computer so the firemen could cover it with a tarpaulin. When the firemen did not come into said roan, Officer Sherbrock did replace the plastic cassette holder and there was "No" puddle of gasoline on top of the com- puter at that time. It has been stated in the interviews by State Attorney In- vestigator Reece Parrish, Lt. David Puscher, Officer Scott Sherbrock and State Fire Marshall Investigator Charles Hill, that there was no odor or gas spills in that section of the building on the morning investigation. C3� /d - 0 � - W-�,v .Detective Ted Ze Date Case Report Supplemegt Page 3 of 6 Sebastian Sun Fire Investigation Case No. 86-0909 Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Em ick & Det. Zeuch CONCLUSION, cont'd. Officer Regan is a very meticulous and thorough person. His reports, radio procedures and clothing are always neat, proper and done to a perfection, yet he checked out of service at 1518 hours and then again out of service at home at 1834 hours. Where he was or how long he had been back at the fire scene is not in a report and the period of 3 hours and 16 minutes is a total blank, yet he returned to the scene and found more evidence. Officer Andy Catalone was called to the scene and also Chief Nappi reference this new evidence. Chief Nappi processed and handled this evidence and turned it in to the evidence custodian at the police department. On April 28, 1986 at 1300 hours, Chief Nappi assigned Officer Regan as a special investigator on the Sebastian Sun Newspaper fire case. On April 29, 1986 at 1210 hours, Officer Regan went to Jack Fay, Sebastian Sum Reporter, and obtained a key to the building, scene of the fire. Again Officer Regan's girlfriend, Shirley Ballou, had all of these keys. On May 9, 1986, Officer Regan, in writing, said he had conducted 39 interviews which were "not" turned in to this Department. He also stated there were 20 more interviews which he could handle by telephone. This information was 'hot" turned in with his police investigation report. There was a Russell Ludwig, witness at the fire scene, and no information is available on his interview. A Ben Howard was also mentioned in his report but had to be interviewed by Lt. Puscher. Victor Regan was contacted by telephone and asked to come in to be interviewed. He stated he had talked to Assistant State Attorney David Morgan and South County Fire Investigator Lt. Gunther Kuehn and they told him "not" to be interviewed. Victor Regan stated to Karen Meisenheimer he had a lot of notes and information that he was 'hot" going to give to the Sebastian Police Department but to the Indian River County Sheriff's Department. In interview with Meisenheimer, she also stated Regan let her read all his investigation notes that he kept hidden Detective Ted Zep�i Date Case Report Supplement Sebastian Sun Fire Investigation Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Flick & Det. Zeuch CONCLUSION, cont'd. behind the seat in his pickup truck. Page 4 of Z Case No. 86-0909 Joan Pepper also stated in her interview that Vic Regan told her the Sebastian Police Department would never get the investigation he had done on the fire. Victor Regan was given a roll of film by George Pepper of pictures taken of the scene that were never turned in for processing. FACT: Assistant State Attorney David Morgan gave this Department numerous reports and partial interviews. Six of these reports were part of the original police report that Regan never turned in. It is believed by this investigator that all the notes, interviews, information and reports were given to Detective Don Coleman of the Indian River County Sheriff's Department by Victor Regan. A subject, Carl Rentz, past owner of Carlana Park in Wabasso, was said to have made several statements against the Sebastian Sun Newspaper because of articles about health and other standards within his park. Vic Regan was supposed to have interviewed this hostile witness but the police department has no information. A "false" report was filed with the Indian River County Sheriff's Department by South County Fire Investigator, Lt. Gunther Kuehn, on August 20, 1986, using the name of John Feasel (original complainant of the Sebastian Sun fire), indicating fabricating and tampering with evidence. A telephone conversation with State Fire Marshall Charles Hill in reference to gas sample evidence and laboratory results, he stated he took no evidence. A telephone call to Lt. Gunther Kuehn about the evidence and he stated David Morgan, State Attorney's Office, had all the laboratory results. In an interview with Billy Adams, Assistant Fire Chief, Sebastian Fire Department, he advised he saw the plastic 1 gallon milk container with fluid in it and showed Detective Ted Ze Date Case. Report Sup plement Page 5 of 6 Sebastian Sun Fire Investigation Case No. 86-0909 Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Eaffick & Det. Zeumchm CONCLUSION, cont 'd. it to a police officer on the scene. When asked which officer, he advised he did not know any of the 3 uniformed officers at the fire scene. In the interview with Lt. David Puscher, he stated the improper, inconsistent and deplorable means that was being done with the evidence from the Sebastian Sun Newspaper fire being handled by Det. Doug DiSoma, Investigator and Evidence Custodian, along with Officer Vic Regan. He stated he told both officers to process the evidence, secure it into the evidence room and to the crime laboratory or proper person for the proper processing. Lt. Puscher stated he had to tell them several times about the proper method of evidence handling and that Officer Regan even lied to him one time, stating that Chief Nappi had told him not to send the evidence to the laboratory. Lt. Puscher checked with Chief Nappi and he stated that was not true, he had advised Regan to send the evidence to the proper destinations. Detective DiSomma was the department custodian of evidence, he wrote up the department procedures of evidence handling and should have been well aware of the proper procedures. In conclusion of this investigation, I would like to state that in most of the interviews, there were statements made by the people of the investigation in- volving South County Fire Investigator, Lt. Gunther Kuehn, State Fire Marshall Investigator, Charles Hill and Indian River County Sheriff's Department Investi- gator, Detective Don Coleman, as more of 'what do you think of the integrity of Charles Hill and do you think he is on the take!!". Although we have interviewed many people, gathered much information, I am unable to determine the origin of the fire, whether it be accidental or intentional, as I did not receive the analysis reports from the laboratory. 'Dr4 . 1 p I'r /O - o / - F Det Ted Zeuch Date Case: Report Supplement Page 6 of 6 Sebastian Sun Fire Investigation Case No. 86-0909 Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Feick & Det. Zeuch CONCLUSION, cant,d. I can conclude that the bottle of gasoline was intentionally placed in the building with intent of accelerating the fire at a certain point. I can also conclude that there was a burglary co¢mitted to place the gasoline in the building. I can also conclude that someone did place additional gasoline in the building on the afternoon of April 27, 1986, in order to reinforce the possibility of suspected arson. I can also conclude that Victor Regan did conceal and remove records pertinent to the arson investigation being conducted by the Sebastian Police Department with the purpose to impair the investigations verity, as well conceal the availability of the documents regarding the investigation. Victor Regan did this with full knowledge and intent as testified to by witnesses. On the same hand, the County Fire Inspector, Gunther Kuehn, State Fire Marshall, Charles Hill and Deputy Don Coleman, would not divulge the fact that Victor Regan did give them the documents he concealed from the Sebastian Police Depart- ment investigation. They were all well aware these documents existed and would not verify the witnesses statements. Det. Ted Zeuch Date CaseReportSupplement Sebastian Sun Fire Investigation Page I of o1 Case No. 86-0909 Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Emrick & Det. Zeuch 1. George W. C. Pepper #1 Chesser Gap, Sebastian, F1. 2. Chief Ralph (Buddy) Arand Sebastian Volunteer Fire Chief 342 Gilson Ave., Sebastian, F1. 3. Scott F. Sherbrook Police Officer - Sebastian P. 0. Box 127, Sebastian, F1. 4. Billy L. Adams 282 Periwinkle, Sebastian, F1. 5. Gary R. McCarthy Police Officer - Sebastian P. 0. Box 127, Sebastian, F1. 6. Arthur W. Trowbridge 449 East Street Sebastian, Florida 7. J. Scott Hamrick 701 Spire Avenue Sebastian, Florida (589-7935) 8. Karen M. Meisenheimer 22 Ella St., Apt. C. Melbourne, F1. (242-2169) 9. John B. Feasel 1126 Clearoont St. Sebastian, F1. (589-0460) 10. James R. Johnson Police Officer - Sebastian P. 0. Box 127, Sebastian, F1. 11. Christine L. Rollins 500 Roosevelt Ave. Satellite Beach, F1. (773-3658) 12. Andrew C. Catalone Police Officer - Sebastian P. 0. Box 127, Sebastian, F1. "04440""MUNIZ-0 8-19-86 - 1450 to 1555 hours 8-20-86 - 0942 to 1008 hours 8-20-86 - 1112 to 1129 hours 8-20-86 - 1632 to 1658 hours 8-20-86 - 1718 to 1727 hours 8-21-86 - 1107 to 1117 hours 8-21-86 - 1449 to 1504 hours 8-21-86 - 1543 to 1610 hours 8-21-86 - 1654 to 1708 hours 8-25-86 - 1028 to 1053 hours 8-25-86 - 1158 to 1218 hours 8-25-86 - 1428 to 1447 hours �� • � .� �� off.. Detective Ted Zeuchh Case Report Supplement Sebastian Sin Fire Investigation Page a of Case No. 86-0909 Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Emri.ck & Det. Zeuch SUBJECTS IN'iERVM ED, cont' d. : 13. Andrew W. Watson 601 SW Barber Street, Sebastian (589-4973) 14. William F. Render Police Officer - Sebastian P. 0. Box 127, Sebastian, Fl. 15. Reece J. Parrish 2101 15th Street Vero Beach, F1. 16. Jack J. Fay 1765 6th Ave., Apt. 7 Vero Beach, F1. 17. Joan M.W. Pepper #1 Chesser's Gap Sebastian, Florida 18. Gerald J. Nappi Chief of Police - Sebastian P. 0. Box 127, Sebastian, F1. 19. David J. Puscher Lt. - Sebastian Police Dept. P. 0. Box 127, Sebastian, F1. DATE &TIME E?MVIEEWED: 8-25-86 - 1452 to 1510 hours 8-26-86 - 1055 to 1112 hours 8-27-86 - 1052 to 1137 hours 9-05-86 - 1325 to 1407 hours 9-10-86 - 1503 to 1619 hours 9-11-86 - 1215 to 1340 hours 8-27-86 - 1525 to Detective Ted 'e Case Report Supplement Page 1 of Q Sebastian Sun Fire Investigation Case No. 86-0909 Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Emrick & Det. Zeuch 8-19-86 - At 1450 hours, we interviewed Mr. George Pepper at the Sebastian Police Department. He stated that he was notified of the fire by an employee of the Sun, Ms. Shirley Ballou. (Note: Ms. Ballou is Victor Regan's girlfriend and has been living with him for sometime.) Mr. Pepper stated he took at least two rolls of photographs at the fire and gave one to someone from the Sebastian Police Department. The other was developed by his own people and he is not sure if he gave any of these photos to fire investigators. Mr. Pepper said he was criticized by the fire investigators when he was interviewed because the film he gave to the Sebastian Police Officer came out blank. They did not indicate who, from the Sebastian Police Department, developed that film. Mr. Pepper said those present when he was interviewed by fire investigators were Gunter Kuehn, County Fire, Charlie Hill, State Fire and Don Coleman, Indian River County Sheriff's Office. Mr. Pepper added that the only thing he removed from the building at the time of the fire was a file similar to a desk top roladex. Mr Pepper's inter- view was tape recorded. Tape was sealed and retained by investigators, as were all interviews regarding this investigation. 8-20-86 - At 0942 hours we took a taped statement from Sebastian Volunteer Fire Department Chief, Ralph "Buddy" Arand at the Sebastian Police Department. He stated that there was another fire truck at the scene when he arrived. This was Assistant Chief Billy Adams. Mr. Arand said there was a total of approximately 20 firemen at the scene. He did not smell gas and the plastic jug in question was pointed out to him by someone else. At 1110 hours a taped statement was taken from Officer Scott Sherbrook of the Sebastian Police Department. He said he kept people away from L the building and assisted firemen. Sherbrook said he moved a blue plastic article, similar to a video cassette from an area where firemen Lt. AnL. Emrick Detective Ted Ze Case Report Supplement Page 2 of �( Sebastian Sun Fire Investigation Case No. 86-0909 Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Emrick & Det. Zeuch were going to wet down the ceiling after which he replaced it. Sherbrook said there was no smell or other evidence of gas or similar substance present at that time. This area was later indicated as one place where a substantial amount of gas was located. Sherbrock said he became suspicious when he returned later and Vic Regan pushed papers under his nose and said smell this, this is an Arson. More detailed remarks can be obtained from tape. At 1545 hours, Det. Zeuch contacted Vic Regan by phone at his place of employment, Dave's Barbeque. Regan stated he was advised by Gunter Kuehn and the State Attorney's office not to talk to anyone about the fire. Regan called back a short time later and said he called Gunter Kuehn and the State's Attorney and was told again not to talk to anyone because it is going to the grand jury. Det. Zeuch contacted Lt. Kuehn who said he told Regan if he didn't want to cooperate to tell us to get a subpeona. Contact was made with Safeco Attorney Bob Freeman, who stated he would release what information he could with written permission from Sebastian Sun owner Henley. Sun Publisher and Editor Joan Pepper contacted Mr. Henley, who is sending this written permission to Mr. Freeman. At 1632 hours we took a taped statement from Mr. Billy Adams, Assistant Fire Chief. He stated that he gained entry to the building by the front door which was already open. He said he was wearing an air tank and did not smell gas. Mr. Adams said he observed the plastic jug in the back room standing upright, approximately one-half full. He said he pointed this out to a uniform policeman, but does not know who. Mr. Adams said there were quite a few people going in and out of the building. He said there were approximately fifteen firemen at the scene. � —7�-�- III t. Ted Zeuc ,. . . Case.Report Suppleuant Sebastian Sun Fire Investigation Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Emrick & Det. Zeuch Page 3 of 4 Case No. 86-0909 At 1718 hours we took a taped statement from Officer Gary McCarthy of the Sebastian Police Department. He stated that on the day of the fire he started at 1600 hours and when he arrived at the scene, there were a lot of people milling around inside and outside the building. McCarthy said he left and returned later when he was told other evidence had been found. He then observed, who he thinks were, Officer Catalone, Officer Regan and Chief Nappi mopping up, what was thought to be gas, with paper towels. McCarthy said he saw the Peppers, Karen Meisenheimer and Vic Regan carrying things out to salvage then. McCarthy said he talked to Vic Regan at Regan's house on June 9th and Regan told him there were four suspects in the fabrication of evidence. They were the Chief, the Peppers and another which he could not remember. Regan also told him he wanted to give his report to the State's Attorney and the Fire Marshall the way he wrote it up. 8-21-86 - At 1107 hours, we took a taped statement from Mr. A. Trowbridge. He said he had not been interviewed by Vic Regan or anyone else in regard to the Sebastian Sun fire. He said he did talk at one time to Chief Nappi about a statement he was alleged to have made, that he, Trowbridge would burn the Sun newspaper dawn. Trowbridge denied he ever made that statement. He also said he had nothing to do with the incident and has no idea who did. At 1449 hours, Mr. J. Scott Hanrick, volunteer fireman, gave a taped statement. He stated his truck was first on the scene and he was the first one through the door with a fire hose. Hamrick said he never saw the plastic jug in question. Hamrick said he opened the rear over- head door. (Note: To do this Hamrick had to walk through the area where the plastic jug was discovered.) Hamrick also said he put tarps over desks and machines and there was no gas present at that time. He added that Officer Sherbrook was there at that time. These remarks were made after the taped interview was concluded and are not on tape. 4ze reCA-/�_amr Lt. ohn L. Emrick �Det. Ted Zeuch Case. Report Supplczent Page 4 of Sebastian Sun Fire Investigation Case No. 86-0909 Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Em ick & Det. Zeuch At 1543 hours we took a taped statement from Sebastian Sun employee, Karen Meisenheimer. Ms. Meisenheimer said she was interviewed by Ginter Kuehn, Charlie Hill and Don Coleman. One question asked, con- cerned the front windows at the Sun office, which she said were closed when she left the night before the fire. She said Joan Pepper called her about the fire and they all met at Mother's. She then went to the scene with Joan. Ms. Meisenheimer walked through the building with Charlie Hill. She did not see a plastic jug or smell gas. She did help carry some machines out which were needed to get the paper out. Ms. Meisenheimer said she knows former Officer Regan personally and has gone out on dates with him. She said the only conversation she had with Reagan about the investigation was at his house when she asked him about his reports and he said the sheriff's department was really interested in them and told Ms. Meisenheimer he took those reports to the sheriff's department. These papers appeared to be notes, etc., about an inch or an inch and one-half thick and included some kind of past record of a Carl Rentz of Carlana Park. Ms. Meisenheimer states she had not seen Vic Regan in two weeks. Ms. Meisenheimer also recorded this interview. At 1654 hours we took a taped statement from Mr. John Feasel. He stated that he was on his way home from work at approximately 0815 hours, when he spotted smoke carting from all four corners of the Sebastian Sun Building. He went to a phone and called 911 and re- ported the fire. He then returned to the scene and waited for the fire department. Mr. Feasel said the front windows were open approximately 10 inches. He said Officers Regan and another officer arrived at the same time and Regan took a fire extingidsher from the tank of his squad car, climbed through a window and attempted to put the fire out. Feasel said he was interviewed by only one person, that being Vic Regan, who got his phone number, etc. at the scene of the J,z JEmr cy D.du_T�OhG7�4 I Case Report Supplameut Sebastian Sun Fire Investigation Page 5 of Case No. 86-0909 z Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Emrick & Det. Zeuch fire. Feasel also said he has had no conversation with anyone concerning the fire other than Officer Regan. As a result of an article which appeared August 21, 1986, in the Today Newspaper stating a complaint had been filed at the Indian River County Sheriff's Department by John Feasel concerning evidence fabrication, naming four John Doe suspects, we obtained a copy of said report. After reading this report, it became evident that it was made out im- properly. The offense was reported by Lt. Gunter Kuehn not John Feasel, as stated on the report. 8-28-86 - At 1028 hours, we took a taped statement from Officer James Johnson of the Sebastian Police Department. He said the windows were open when he and Regan arrived and that both arrived at the same time. Johnson watched Regan enter the building and attempt to extinguish the fire. This attempt was very quick because of the intense heat. Johnson also said he assisted Vic Regan in collecting samples of gas from area stations and confirmed the stations listed by Regan in his reports. Johnson did not smell gas or see the plastic jug. At 1158 hours, we took a taped statement from Christine Rollins, Sebastian Sun employee. She said she came to work late in the AM the day of the fire. Ms. Rollins said she assisted Joan Pepper and other employees carry out supplies needed to put out the paper- Ms. Rollins never saw a plastic jug and did not see any liquid on desk and machines and did not smell gas. She added that a former employee, Bill Turner, called her and asked about the fire. Turner quit due to the pressure of the job. At 1428 hours, we interviewed Cpl. Andy Catalone of the Sebastian Police Department. He said he went to the scene of the fire later in the day with Officer Render. Catalone said he talked to George Pepper and asked George to take photographs which he did. Catalone got one roll of Det. Ted Zeu�P Case Report Supplemmit Sebastian Sun Fire Investigation Page 6 of Case No. 86-0909 Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Emrick & Det. Zeuch photographs from George Pepper and turned them over to Regan at the scene. The whereabouts of this film are not known at this time. Catalone said when he arrived at the scene, Vic Regan and Joan Pepper held papers up for him to smell. Regan stated something to the effect, see, I knew this was Arson. At 1452 hours, we interviewed Andrew Watson, fireman. Watson entered the building with J. Scott Hamrick. Building was very dark and filled with smoke. Watson said he crossed the back room and did not see a plastic jug or smell gas. At 1055 hours, we interviewed Officer William Render, Sebastian Police Department. He arrived at the scene of the fire at approximately 1800 hours with Cpl. Catalone. Render said Regan was pointing out a flammable liquid to Catalone, which smelled like gasoline. Officer Render said he has thirty years of experience as a firefighter and arson investigator. He also said that due to the intense heat of the fire, the entire building would have been burned if the gasoline had been there. 8-27-86 - At 1052 hours, we interviewed State Attorney Investigator Reece Parrish. He stated that he worked with Lt. Puscher and was only there as an ad- visor. Parrish stated he has extensive schooling in arson investigation and said it is his belief that there has been no final determination of the cause of the fire. He also said there was some mention at the scene of Pat Flood being a suspect as well as others whose names he did not recall, but who had threatened to burn or otherwise threatened the Sebastian Sun. Parrish said he was interviewed informally about the ���t-� t. Te Ze Case Report SWplemmt Sebastian Sun Fire Investigation Page 7 of Case No. 86-0909 q Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Emrick & Det. Zeuch 9-5-86 - arson investigation at the Indian River County Sheriff's Detective Bureau by Lt. Kuehn and Charlie Hill. Also present were detectives from the sheriff's department. Parrish added that there could not possibly have been any gasoline or similar liquid on any of the desks or machines or he would have smelled it and he did not smell any. At 1525 hours, Lt. Emrick interviewed Lt. Puscher who stated he assisted Doug DiSomma at the scene and took photos of tire impressions with a camera given to him by DiSomma. Lt. Puscher said he then returned the camera to DiSomma. Officer Vic Regan assisted Lt. Puscher with photos by holding the flash. Puscher said Assistant Fire Chief Billy Adams called to him and pointed out what appeared to be pour patters on the carpet between the front offices. Puscher also said he smelled gas when he entered the building and observed the plastic jug lying on the floor in the back roan. Puscher said there definitely was no gas on the desks when he was there. At 1325 hours, we interviewed Mr. Jack Fay of the Sebastian Sun. He said Joan Pepper called him and told him about the fire. They met at Mother's and all went to the scene together. Fay said the fire was out when he got there. The firemen were still there and he saw no one except them go in the building. There were police officers there but Fay didn't know their names. Fay said the front windows were open at that time, but in all the years he's been employed there, he has never known the windows to be open at anytime. Fay added that there was never any gasoline on other flammable liquids in the building. NOTE: I contacted Lt. Kuehn and was informed that Robert Thomas at the lab said the gasoline found at the scene was not exposed to the fire and the jug was probably not there as a test done on a similar jug in- dicated it would melt at approximately 225 degrees. Lt. Kuehn said there was a shelf in the building that had similar jugs on it and a space between them indicating one had been removed. Lt. JShn L. Emrick Detective Ted I Case Report Sugplit Page 8 of Sebastian Sim Fire Investigation Case No. 86-0909 Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Emrick & Det. Zeuch 9-10-86 - At 1500 hours, we interviewed Joan Pepper of the Sebastian Sun. She said she received a call from Shirley Ballou, an employee of the paper, that the building was on fire. Mrs. Pepper stated that there were several people at the scene including firemen, police and others she did not know. She said she started to enter the building and was stopped by someone. Mrs. Pepper took photographs of the scene, but not evidentiary in nature. These photos were processed by the Sun Newspaper and later turned over to Lt. Gunter Kuehn. Mrs. Pepper said she was interviewed by Officer Regan during his investigation as well as Fire Investigators Kuehn and Charlie Hill and Detective Coleman. She said most of the questions concerned her competence as editor of the paper and Charlie Hill's integrity. She was also asked how many "Get Flood" police officers were at the fire scene. Mrs. Pepper also said Vic Regan informed her that Pat Flood was the confi- dential informer who gave him the information regarding her alleged affair with Chief Nappi, which made them suspects in the case. Mrs. Pepper said she removed a rolladex file and boxes of past editions of the paper so they wouldn't go up in smoke. She was informed some time later, by either Vic Regan or Shirley Ballou, that gas had been found. She thought this was 15 or 20 minutes after she arrived at the scene. Mrs. Pepper said she first smelled and saw gasoline when she returned to the scene after lunch and was moving things on her desk. She said Vic Regan told her the Sebastian Police Department would never get the investigation he had done on the fire. Detective Ted Zeucj Case Report Supplement Page 9 of �( Sebastian Sun Fire Investigation Case No. 86-0909 Investigation Reopened on 8-19-86 Investigators Assigned: Lt. John L. Emrick & Det. Zeuch 9-11-86 - At 1215 hours, we interviewed Chief Nappi. He stated he was called at home at approximately 0730 hours by Dispatcher Susan Pratt, informing him of the fire. Chief Nappi then told Shirley Ballou to call the Pepper's and tell them. Chief Nappi was living, with Vic Regan and Regan's girlfriend, Shirley Ballou, at that time. Chief Nappi said he did not enter the building until later when he went in with other officers. Lt Puscher pointed out the plastic jug an the floor laying on it's side with about 12"-2" of fluid in it. He does not recall seeing any Sebastian Sun employees enter the building. Chief Nappi said Regan was inside approximately three (3) minutes and Officer Johnson did not enter the building. Chief Nappi said he did not smell gas or see any on desks, etc. He stated that he learned of the gasoline found an the desks and machines later in the afternoon when he was called by radio. At that time Regan showed him gas on a co muter under a blue plastic object. This suspected gasoline was soaked up by Chief Nappi with a 4 x 4 gauze pad and sealed in a plastic bag. He also retrieved a piece of paper (Sebastian Police Department letterhead) and a card- board envelope box, both wet with apparent gasoline on them. All of these articles were turned aver to Detective DiSomma at the scene. Chief Nappi said he first noticed the smell of gas from the envelope box. He stated he instructed Regan and James Johnson to obtain samples from area gas stations. Chief Nappi said that Joan Pepper had no records regarding his law suit and that transcripts of the law suit can confirm that she did not need any to testify. He added that he has no personal knowledge or involvement in the fire or placement of gasoline at the scene. Lt. John L. Emrick - - D, c- �^-, -,Z-) Detective Ted Zeuch LE P.O. Box 589-5233 GERALD J. NAPPI, POLICE CHIEF October 2, 1986 Sebastian Sun Fire SY CPSIS JT 32958 5895251 DAVID PUSCHER, UNIFORM COMMANDER JOHN L. EMRICK, CHIEF INVESTIGATOR My intent is not to file charges against Kuehn, Hill and Coleman, but to point out that the State Attorney's Office should take steps to direct these individuals to cooperate in future situations, after all we are all working toward the same goals. Mr. Hill and Mr. Kuehn were both more interested in their reputation than in the facts being presented. 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