William Haughey - Arson - False Evidence

Haughey, William ; arson; NRE: false/misleading forensic evidence, no crime, inadequate legal defense, prosecutor misconduct, withheld exculpatory evidence

N14 "One evening in March 2007, a bartender smelled smoke in Smiley's Inn, a tavern and restaurant in Carmel, New York. As patrons began searching for the source, 35-year-old Wiliam Haughey removed a bathroom ceiling tile and found smoldering items.

"The fire was doused quickly, but the following day, the owner of the inn, Anthony Porto, Jr., called police and accused Haughey of setting it. After a fire investigator probed the debris and declared that the fire was arson, Haughey was charged with arson and attempted criminal mischief.

"In February 2008, Porto testified at Haughey's trial in Putnam County...He said that before the fire was discovered, he and Haughey had an argument -- although he admitted he did not mention this until six months after the fire. The fire investigator who examined the scene testified that the fire was likely set deliberately and that he had ruled out accidental causes.

"Haughey denied both setting the fire and arguing with Porto. Customers testified that Haughey and another patron looked elsewhere in the tavern after the bartender first smelled smoke. A surveillance video confirmed that Haughey initially searched another area of the restaurant, and did not go into the bathroom and discover the fire until after the bartender pointed to a wall vent above the bathroom door.

"On February 15, 2008, the jury convicted Haughey of arson and attempted criminal mischief. He was sentenced to 10 years in prison.

"In 2016, at the urging of the still-imprisoned Haughey, the newly-formed Putnam County Conviction Review Unit re-examined the case. It concluded that the original fire investigator had botched the investigation, failed to preserve evidence, and failed to adequately check areas that indicated that the fire was likely caused by an electrical accident.

"In May 2016, the Putnam County Conviction Integrity Unit filed a motion to vacate Haughey's conviction after consulting experts who concluded that the origin of the fire could not be determined. 'Furthermore,' the motion said, 'there was ample evidence that an investigation at the time by an arson expert might very well have determined that the cause of the fire was electrical.'

"On May 23, 2016, Haughey's conviction was vacated and the case was dismissed. The order of dismissal declared, 'Nothing [Haughey] did was different than what others did in the bar...(Haughey) was the first to stand on the toilet to push up a ceiling tile, but anyone could have done this; he just did it first.'"

NRE synopsis (by Maurice Possley):

"Porto testified that before the fire was discovered, he had cursed at Haughey and ordered him out of the tavern for allegedly mistreating one of Porto's friends -- although he had not made this claim until six months after the fire.

"Robert Geoghegan, the fire investigator who examined the scene, testified that the fire was incendiary in origin and he had ruled out electrical or any other accidental cause. Geoghegan said he found residue that appeared to be paper towels -- suggesting that the fire was set with paper towels that were stuffed above the ceiling.

"Haughey denied setting the fire and denied that Porto had cursed at him, suggesting that Porto had falsely testified about that incident to create a motive.

"Other customers testified there were no harsh words between Haughey and anyone else, including Porto."

"While in prison, Haughey wrote numerous letters seeking legal help and asserting his innocence. Eventually, he wrote to Robert McMahon, commissioner of emergency services in Putnam County. McMahon asked retired fire marshal Paul Roncallo to review the case. Roncallo and another fire marshal, William Tulipane, concluded that Geoghegan had botched the investigation, failed to preserve evidence and failed to adequately check areas that indicated that an electrical accident was the likely cause of the fire."

"In 2013, Haughey filed a federal petition for a writ of habeas corpus seeking to overturn his conviction. The petition alleged that his trial defense attorney had failed to provide him with an adequate legal defense by neglecting to hire a fire expert to challenge the prosecution's evidence.

"In January 2016, Robert Tendy was elected District Attorney of Putnam County. He formed a Conviction Integrity Review unit and commissioned a re-examination of Haughey's case. In May 2016, Tendy appeared in U.S. District Court and asked that Haughey's writ be granted and the conviction vacated."

"Tendy also said that a number of photographs taken by the prosecution's original fire investigator may not have been disclosed to Haughey's defense lawyer prior to trial. Tendy said it was 'unclear' whether the photographs were turned over, but that 'they were certainly not made use of by defense counsel at trial. And they were certainly exculpatory had they been examined by a competent expert.'

"The photographs would have shown that the space above the dropped ceiling where Haughey was accused of setting the fire was not connected to a wall vent where customers and the bartender saw smoke and flames. This would have shown that Geoghegan's testimony 'was invalid,' Tendy's motion said."

"Haughey was awarded compensation in the New York Court of Claims. In March 2018, he filed a federal civil rights lawsuit seeking compensation."