Evidence

Protective Order Sought After New York Gas Explosion

A woman whose fiancé and two children were severely injured in a gas explosion in Kiamesha Lake, New York on September 30, 2023, has filed a petition to order her landlord, the propane supplier, and the local fire department to preserve evidence and reports related to the incident. Autumn Donnelly filed the verified petition naming Blue Flame Propane, LLC, Sumona Easmin Jona, and the Monticello Fire Department.

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.

How Long to Maintain Training Records

Today’s burning question: Is there a recommended length of time an agency should keep training records such as class rosters? Our organization, to protect ourselves, archive all our records and have a management system for how long they are stored. Answer: Record retention requirements are highly jurisdiction specific and...

Texas Appeals Court Overturns Ruling in Fort Worth Discipline Case

A Texas Appellate Court has reversed a ruling by a hearing examiner that reinstated a Fort Worth firefighter, because she considered evidence outside of the record. Shea O'Neill got into an off-duty altercation with a retiree at a college football scrimmage. At the time O’Neill has his twin sons and a friend with him.

Texas Court of Appeals Upholds Police Seizure of Evidence Found By Firefighters

Last week the Texas Court of Appeals ruled that when firefighters discover evidence of a crime at a fire scene and report it to the police, the police may lawfully seize the evidence without violating the Fourth Amendment. The case involved a fire in Bedford, Texas on August 30, 2017.

Subsequent Remedial Action and LODD Investigation Reports

Today’s burning question: After a line of duty death, if a fire department takes affirmative steps to improve firefighter safety, aren't those affirmative steps inadmissible against the fire department to show what it should have been doing all along? Does that mean a LODD investigation report cannot be used against the fire department, because it was undertaken in an effort to prevent a reoccurrence?

Firefighter DNA an Issue in Connecticut Lawsuit

Several Connecticut firefighters have found themselves in the middle of a court battle over the need for them to provide DNA samples in a complicated case involving the death of an attorney. The suit was brought in US District Court by the father of Gugsa Abraham Dabela, who died on April 5, 2014.

Revenge Porn Leads to Sexual Harassment Allegations in Las Vegas Fire

An attorney for a Las Vegas firefighter has put the department and union leadership on notice that a lawsuit may be coming in regards to sexual harassment allegations involving revenge porn. Attorney Jenny Foley told Channel 13 News that Fire Chief William McDonald, IAFF Local 1285 President Eric Littman and others have been instructed to take steps to preserve any evidence currently in their possession related to the case.

Burning Question on Cellphone and Social Media Privacy

Today’s burning question: Can the fire department look at what is on my cellphone or order me to given them access to what I post on my personal social media page? Answer: As a general rule no. However, there are exceptions. Take, for instance, a case decided last week involving a Florida firefighter.

Illinois Fire Department Facing Sanctions For Destroying Evidence in Sexual Harassment Case

An Illinois fire department is facing court-ordered sanctions after having been caught deleting evidence from its computer system that was relevant to a sexual harassment case. The Country Club Hills Fire Department has been embroiled in a sexual harassment suit brought by firefighter Dena Lewis-Bystrzycki dating back to 2012.

Pacemaker Data Admissible in Ohio Arson Prosecution

A judge in Ohio has ruled that medical information from a pacemaker can be used as evidence in a criminal case over the objection patient. The case involves an arson prosecution where the defendant claims he was in bed when the fire started, but a cardiologist’s review of his pacemaker data makes that claim “highly improbable”.

Advice For Handling Incident Scene Photos

Today’s burning question: I am assigned to our fire investigations unit and we are working on a policy to address how we handle the photos that we take. What do you recommend? Answer: My recommendation is you sit down with the following and determine what they want you to do:

Liability Concerns With Back-Up Drivers

Today’s burning question: If one of our full-time engineers is assigned to an ambulance for the shift and the back-up engineer has an accident isn’t the department subject to a higher level of liability? Answer: Let me guess… you are an engineer and you don’t like working on the meat wagon?

Los Alamos Bathroom Cam Case Settled for $850k

The sexual harassment lawsuit filed by a female firefighter who was the target of an infamous bathroom cam stunt back in 2010 has been settled for $850,000. Jessie Noah was the target of a video camera hidden in the towel dispenser in the women’s bathroom in a Los Alamos County fire station in October, 2010.

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