Was Kristine Bunch wrongfully convicted of arson and murder?
Greensburg, IN.- Behind bars for 16 years, an Indiana mother found guilty of setting the fire that killed her three-year-old son says she was wrongfully convicted.
Now as she awaits a decision on a new trial by the Indiana Court of Appeals, Kristine Bunch sits down exclusively with 13 Investigates with claims of burning injustice. At issue is Indiana's method of fire investigation.
Investigators had no clear motive, but convinced a jury that Kristine Bunch, a single, unemployed mother on food stamps with no life insurance policy, deliberately set the fire.
Their evidence: the presence of an accelerant and a gasoline can found three feet from the front door, burn patterns, hydrocarbon readings, or the analysis of unburned fuel, and a chair blocking the door preventing three-year-old Tony's escape.
She was alarmed that prosecutors in her case used some of the same questionable arson indicators under review in the Texas case. 13 Investigates first spoke with national experts who uncovered the flaws and wrote new investigative standards for arson in a series entitled "Burning Injustice" in 2008.
"I started raising hell about it," scientist Gerald Hurst told 13 Investigates. He was referring to the arson conviction and execution of Cameron Todd Willingham. Willingham's case prompted a series of fire tests that discovered prosecutors were wrong in their fire theory and analysis.
"We started looking at our own guidelines. We started realizing they're not only woefully inadequate, they were woefully wrong," added Dan Churchward, who was on the committee to write new arson standards now known as NFPA 921.
Kristine Bunch and attorneys from the Center for Wrongful Convictions at Northwestern University recently made similar arguments about outdated fire investigation techniques and theories before the Indiana Court of Appeals.
Armed with testimony from a world renowned ATF investigator, and scientists they say Bunch should get a new trial.
"There was zero evidence, zero that this was intentionally set" said Attorney Ron Safer, who presented arguments to the Court of Appeals. "No one would get up on the stand today and say burn patterns means arson. And that's exactly what they said when Kristine was on trial. We know it's wrong," he added.
Specifically, Safer says there is no evidence of an accelerant or a burn pattern in Tony's room. Toxicology reports show Tony died from high levels of carbon monoxide poisoning, suggesting the fire didn't start in the open air, but in the ceiling.
As for that chair blocking Tony's door, attorneys say it was actually a charred wall.
Link:
http://www.wthr.com/story/15325846/greensburg-mom-speaks-out-about-arson-murder-conviction