Caledonia Argus

Tuchek denied a new trial

Posted: 11/26/02

(Editorís note: A portion of this article was inadvertently omitted when it was first printed last week. The entire article is being reprinted.)

by Andrew Miller
Argus News Reporter

John Tuchek, the former Lanesboro Police Chief who was convicted of eight counts of first degree arson and one count of fifth degree arson for an April 7 fire in Lanesboro, was denied a new trial by Judge James Fabian at a hearing on November 18 at the Houston County Courthouse.

Tuchekís attorney Marc Kurzman argued that, though Tuchek did start the fire, ìwhat he did was fifth degree arson, what he did not do was first degree arson.î

Testimony at the trial leading to the October 24 conviction, which included a taped confession by Tuchek, revealed that Tuchek had used gasoline to set fire to a stack of cardboard behind the Little River General Store in Lanesboro with the hope that he would rescue his ex-girlfriend, Anessa Dawley, who lived on the top floor of the building. The fire became so hot, though, that it caused a gas line to explode, which spread the fire to the second floor and to the adjacent buildings. The defense admitted at the trial that Tuchek had set the fire, but argued that Tuchek hadnít intended to damage or destroy the buildings. Since his intent was not to damage the building, defense counsel argued, he was guilty of fifth degree arson, but not first degree arson.

The October 24 conviction for first degree arson, Kurzman said on Monday, resulted from circumstantial evidence, a theory presented by the prosecution that was not supported by an independent witness, and an appeal by the prosecution to ìthe passion and the prejudice of the jury.î The verdict, he concluded, was not justified by the evidence; in order to make a fair assessment of the crime, a new trial was necessary.

After hearing the defense counselís arguments, Judge Fabian denied the defendantís motion for a new trial. There was no doubt in the courtís mind that Tuchek intended to start the fire, Fabian said, and the intent necessary for a conviction for first degree arson could be drawn from the evidence presented. Fabian likened Tuchekís act to firing a gun at someone in a crowd; the potential that others could be harmed in such a situation is intuitive. In Tuchekís case, he said, the trigger was a lighter, and ìthe defendant pulled that trigger.î

With his request for a new trial denied, Tuchekís October 24 conviction stands. He could be sentenced to 48 months for each of the eight counts of first degree arson. Since it was determined that he started the fire with gasoline, which is considered a dangerous weapon, he will serve a minimum of three years.

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