Fire investigator questioned about missing report details
The Franklin murder trial continued Friday with a cross examination of a Chenango County fire investigator. (Zachary Meseck photo)
NORWICH – The cross examination of a Chenango County Bureau of Fire investigator began in the Franklin murder trial Friday, with the defense questioning different aspects of the county’s fire investigation, including missing details from reports, a lack of fire scene protection, and when – or if – fire investigators determined it to be intentional.
Ernest Franklin II, 36, is charged with second-degree murder, third-degree arson, and tampering with physical evidence.
Prosecutors say at around midnight on March 1, 2017 Ernest Franklin and Heather Franklin worked together to kill their 16-year-old disabled son Jeffrey Franklin and burn the evidence at their home at 457 State Route 8 in the Town of Guilford.
After completing his direct examination the day before, Chenango County Bureau of Fire Investigator Kavin Winton endured a cross-examination by Defense Attorney Victoria Gorman Friday morning.
In her cross-examination of Winton, Gorman asked questions about when the fire was ruled as an incendiary fire, if it was ever labeled as an incendiary fire in his reports, and how the scene of the fire was protected from March 1, 2017 and March 4, 2017.
On Thursday, Winton said an incendiary fire is a fire that is intentionally set by a person.
“Investigator, just to be clear, you can’t tell me when you ruled this as an incendiary fire, can you?” asked Gorman. “There isn’t a specific date between March 1 and today that you came to that conclusion, is there?”
Winton responded that he saw indications of the fire being intentionally set on March 1, but didn’t note that it was an incendiary fire at that time because the investigation was ongoing, and that when he was ready to classify it as an incendiary fire, an indictment had already been filed against him.
“I didn’t want to be accused of being influenced by the indictment, so I never filed my final report with the incendiary classification on it,” said Winton.
Gorman said that wasn’t the only information missing from his reports, and asked questions about his interview with Franklin.
She said there were quotes from Winton’s interview with Franklin that appeared in his testimony on Thursday but didn’t appear in his written recording of the conversation. She added that the two foot tall description of the fire in Franklin’s home was one of the details he testified on that was never noted in his report.
“It’s my job as a fire investigator to recall important information like that,” said Winton. “I use the written version of our conversation to refresh my recollection on other details like the name of Jeffrey’s dentist or how often he visits a doctor.”
Gormon asked about Franklin’s grand jury hearing held within a few months of the fire, and if he had ever told the jury that it was an incendiary fire.
“I was never asked,” responded Winton.
She also asked Winton about how the scene was preserved between March 1 2017 and March 4 2017, the two dates investigators went the scene.
He responded, “I don’t know, it probably wasn’t.”
Gorman then asked about if it were possible that the fire was a flash fire because of built up dust in the house, and Winton responded that because of the burn patterns throughout the doublewide, it wasn’t a flash fire.
Ernest Franklin II, 36, is charged with second-degree murder, third-degree arson, and tampering with physical evidence.
Prosecutors say at around midnight on March 1, 2017 Ernest Franklin and Heather Franklin worked together to kill their 16-year-old disabled son Jeffrey Franklin and burn the evidence at their home at 457 State Route 8 in the Town of Guilford.
After completing his direct examination the day before, Chenango County Bureau of Fire Investigator Kavin Winton endured a cross-examination by Defense Attorney Victoria Gorman Friday morning.
In her cross-examination of Winton, Gorman asked questions about when the fire was ruled as an incendiary fire, if it was ever labeled as an incendiary fire in his reports, and how the scene of the fire was protected from March 1, 2017 and March 4, 2017.
On Thursday, Winton said an incendiary fire is a fire that is intentionally set by a person.
“Investigator, just to be clear, you can’t tell me when you ruled this as an incendiary fire, can you?” asked Gorman. “There isn’t a specific date between March 1 and today that you came to that conclusion, is there?”
Winton responded that he saw indications of the fire being intentionally set on March 1, but didn’t note that it was an incendiary fire at that time because the investigation was ongoing, and that when he was ready to classify it as an incendiary fire, an indictment had already been filed against him.
“I didn’t want to be accused of being influenced by the indictment, so I never filed my final report with the incendiary classification on it,” said Winton.
Gorman said that wasn’t the only information missing from his reports, and asked questions about his interview with Franklin.
She said there were quotes from Winton’s interview with Franklin that appeared in his testimony on Thursday but didn’t appear in his written recording of the conversation. She added that the two foot tall description of the fire in Franklin’s home was one of the details he testified on that was never noted in his report.
“It’s my job as a fire investigator to recall important information like that,” said Winton. “I use the written version of our conversation to refresh my recollection on other details like the name of Jeffrey’s dentist or how often he visits a doctor.”
Gormon asked about Franklin’s grand jury hearing held within a few months of the fire, and if he had ever told the jury that it was an incendiary fire.
“I was never asked,” responded Winton.
She also asked Winton about how the scene was preserved between March 1 2017 and March 4 2017, the two dates investigators went the scene.
He responded, “I don’t know, it probably wasn’t.”
Gorman then asked about if it were possible that the fire was a flash fire because of built up dust in the house, and Winton responded that because of the burn patterns throughout the doublewide, it wasn’t a flash fire.
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