Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone

Tag Archives: retention of evidence

Ohio Court Of Appeals Upholds Arson Conviction Despite Allegations of Spoliation

The Ohio Court of Appeals has rejected the appeal of a convicted arsonist, that the fire department’s failure to preserve fire scene evidence warranted a reversal of his conviction. Bryan Kirby was convicted in Butler County Court of Common Pleas of aggravated burglary, arson, and two counts of aggravated arson.

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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