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Was It Murder?

A Critical Analysis of the Amanda Alley Fire Investigation

By Alexis Holmgren

Basic Case Information

Case Information

In the early morning hours of July 27, 1998, an apartment in Davie, Florida occupied by Amanda Alley and her two roommates caught fire. One of the roommates was awakened by a loud sound that resembled an explosion. When he came out of his room, he saw Amanda Alley "on fire", pushed her into the shower, and put out the flames with the water. The roommate escaped the apartment, but Amanda remained trapped inside where she died from smoke inhalation. Upon exiting the apartment, the roommate almost immediately ran into the building owner and the victim's married lover, Kazem "Kaz" Pourghafari who later became the prime suspect in the case. Following a seven week trial, a jury read the verdict of "not guilty" on April 22, 2004. So, was it murder?

Prosecutor's Theory

Prosecutor's Theory

The prosecution presented the theory that the suspect, Mr. Pourghafari ignited the fire deliberately by pouring gasoline around the victim's bedroom on her bed, the victim, and the floor and then igniting the fire with a lighter. They presented this case as a classic case of arson and murder. They presented the motive for the crime as the suspect having done this because of his affair with Amanda. She had thought she may have been pregnant and his wife had caught him with Amanda only a few days before the fire. The possibility of a divorce that could have hurt his business meant that he needed to "get rid of" Amanda.

Defense Theory

The defense presented the theory that this was an accidental fire. The victim was known to store paper money in a light bridge above her bed. The light bridge was fitted with halogen lights, which are known for being good ignition sources. They believe the money in the light box caught fire, eventually burned so the light box fell down onto the bed, the bed caught on fire, and the fire spread from there. They said the gasoline detected was the result of contamination of the fire scene by the firefighters and their positive pressure ventilation fan (PPV fan).

Defense Theory

Arson Investigation Methods

Investigation Methods

Excavation of the fire scene

Excavation

Explanation of the Method

Excavation of a fire scene is a technique used by investigators to determine the point of origin of a fire. Investigators remove debris and any other objects from the area of interest they have identified as the likely location of the point of origin. Debris are removed layer by layer, systematically. There are two main ways investigators perform excavations of fire scenes, using either the physical method or the mechanical method. In the physical method, investigators remove the debris by hand. In the mechanical method, investigators use machines to excavate the scene such as a mechanical excavator. Mechanical excavation is usually performed first, if it is used, to remove debris that is not critical to the investigation. Then, investigators would take a closer look at the scene by performing physical excavation themselves.

Explanation of the Method

How It Was Used

How It Was Used

The fire scene in the Amanda Alley case was excavated in an effort to locate the point of origin and to find evidence to determine the cause of the fire. The scene was excavated following the rule of working from the area of least damage to the area of most damage using the physical method of excavation. In other words, it was done manually by investigators by removing and shoveling debris.

What Was Determined

When physically excavating the scene around the victim’s bed, in a shovelful of debris investigators smelled a strong odour of gasoline. “It basically hit you in the face, this is gasoline.” Said Lt. Joe Schwartz. This prompted them to take samples and test them for the presence of accelerants from the victim’s bedroom. During their excavation, investigators uncovered splash patterns which were consistent with flammable liquid (gasoline) being poured around the victim’s bedroom. When sifting through debris, investigators discovered pieces of burned baby books which provided credibility to the prosecutor’s motive that Amanda was killed because she thought she may have been pregnant.

What Was Determined

Initial analysis of the fire scene (including documenting the scene with photographs and records) and working from the area of least damage to the area of most damage

Scene Analysis

Explanation of the Method

It is viewed as the proper way to investigate fire scenes to conduct the investigation by moving from the area of least damage to the area that has the greatest amount of damage. Every fire scene is processed through the initial analysis which involves locating the area of origin, finding the point of origin, determining the cause of the fire, and locating and collecting evidence. As with any other potential crime scene, photographs are taken of every piece of the fire scene at numerous views. Videos are also sometimes taken. Diagrams of the scene of the fire are created. All rooms are photographed and otherwise documented whether they have significant damage, minimal damage, or no damage at all.

How It Was Used

During the initial analysis of the scene, investigators worked from the area of least damage to the area of most damage.

Electrical outlets, lighting, and other possible sources of an accidental fire were examined in an effort to determine the cause of the fire.

Photographs were taken of every area of the fire scene both before the excavation was performed and afterward.

How It Was Used

What Was Determined

By working from the area of least damage to the area of most damage, investigators determined the area of origin of the fire was Amanda Alley’s bedroom. It had the most fire damage by far.

Through the examination of electrical outlets, lighting, and other possible sources of an accidental fire, these were all eliminated as possible causes of the fire.

The photographs and records taken from the scene were able to be analyzed by experts.

What Was Determined

Conducting interviews of the suspect and witnesses

Interviews

Explanation of the Method

Witnesses and suspects are interviewed by the police to establish alibis, document their eyewitness accounts of the scene of the crime, to question the suspect on their involvement, and to give police any more information these people may know about the crime. Witness and suspect interviews can also reveal the motive for the crime in question. During an interview, the investigator will ask questions, record the answers, and often take an official statement from the person being interviewed that they must sign.

How It Was Used

Police brought the suspect, Kazem Pourghafari, in for questioning. The interview was conducted to see what information the suspect would provide investigators.

Police interviewed numerous witnesses known by Amanda Alley including; friends, acquaintances, co-workers and more. Interviews by a neighbor of the Alley residence and co-workers provided police with clues to motive.

How It Was Used

What Was Determined

During the interview, after the police brought up his affair with the victim, Mr. Pourghafari started minimizing the extent of the relationship he had with Amanda. It was during this time that investigators noticed the burn marks on the suspect’s hair and hands. When they questioned him about it, he made excuses for the burns and said he got them trying to use the hose to put out the fire after he arrived on the scene. The demeanour of the suspect completely changed. This lead investigators to make him their prime suspect and to collect his clothing for testing for accelerants.

A neighbor of Amanda interviewed by police told them that the suspect’s wife had caught him cheating with Amanda after coming home from a business trip on the Sunday before the fire. The suspect’s truck was parked in the back by Amanda’s apartment.

What Was Determined

Taking samples and testing them for the presence of accelerants

Samples

Explanation of the Method

It is standard procedure that if an investigator has any suspicions that ignitable liquids were involved in the fire that samples be taken, preserved, and tested for the presence of these substances. The typical locations samples would be taken from include; locations the liquid may have been preserved such as under the threshold of a door, from the outside edge of an extremely fire damaged location, cracks in the floor or floorboards, and from locations the liquid may have been absorbed. These samples can also be taken from the victim’s body in cases of death fires and from the clothing of the suspect(s).

How It Was Used

After smelling the presence of gasoline at the fire scene, investigators took samples from 3 locations at the Amanda Alley fire to test for the presence of gasoline. Samples were taken from; the top of the victim’s bed, the floor beneath the victim’s bed, and under the threshold of the bedroom door.

After the suspect’s clothing and shoes were collected, they were tested for the presence of accelerants.

How It Was Used

What Was Determined

The three samples taken from the victim’s bedroom were all positive for gasoline. This lead investigators to conclude based on the presence and amount of gasoline that the gasoline had been placed in the house before the fire. This lead them to conclude this was an arson fire and Amanda Alley’s death was an intentionally committed murder.

Testing on the suspect’s shoes for accelerants was positive for gasoline on his right shoe. This gave investigators enough evidence to arrest the suspect for arson and the murder of Amanda Alley.

What Was Determined

Documentation of burns to the suspect

Burns to Suspect

Explanation of the Method

In arson cases, the suspect's body is typically examined by the medical examiner for any evidence of burns. This includes; burns on the skin of the suspect, burns on the hair of their hands, burns to the eyelashes or eyebrows, burns to facial hair, and any burns to the hair on their head. Burns on the suspect are documented through photographs and additional notes. These can be used as evidence to make an arrest and evidence in court.

How It Was Used

When the suspect, Mr. Pourghafari, was brought in for questioning, during his first interview with police, one of the detectives noticed singe marks on the back of the suspect’s hair and severe burns and blistering to his right hand. Photographs were taken of the burns on the suspect’s hands and hair.

How It Was Used

What Was Determined

From the burn marks and the way the suspect responded to being questioned about them, investigators determined that they needed to investigate Mr. Pourghafari further as a suspect.

Lt. Joe Schwartz analyzed photographs of the burns on the suspect’s hands and determined that the likely source of these burns was from using an object such as a lighter to light the gasoline on fire and start the arson. When he did this, the vapours of the gasoline caught fire, burning his hands and singeing his hair.

What Was Determined

Gasoline Weathering Testing

Weathering

Explanation of the Method

Gasoline weathering testing is a relatively new technique that is used to determine whether a sample of ignitable liquid was used to ignite a fire or was introduced after the fire through contamination. The analytical techniques of gas chromatography and mass spectrometry are used to test the chemical signature of the sample of ignitable liquid from the fire. If a very low level of weathering is present (less than 50%) the sample is determined to be the result of contamination.

How It Was Used

The defense hired a private Fire Engineer to complete gasoline weathering testing on a sample from the fire scene to determine if the gasoline found at the fire scene was used to ignite the fire or was the result of contamination. Using gas chromatography/mass spectrometry, the chemical signature of the gasoline found at the fire scene was analyzed. To try to reproduce the same chemical signature of the gasoline from the fire scene, an experiment was performed. Gasoline was poured on a carpet sample and left at room temperature for 30 minutes to simulate fire scene contamination. Gasoline was poured on a second carpet sample and set on fire in a burn cell, then extinguished with a water extinguisher to simulate gasoline being used to start an arson fire.

How It Was Used

What Was Determined

The samples from this experiment and the Amanda Alley fire were sent to a third party lab to be analyzed. The results showed that the gasoline left out in room temperature for thirty minutes that was not exposed to any fire matched the sample from the Amanda Alley fire. Therefore, the Fire Engineer concluded that the gasoline at the fire scene was the result of contamination and was not used as an accelerant.

What Was Determined

Fire Dynamics Simulator recreation

FDS

Explanation of the Method

The Fire Dynamics Simulator is a computer program used by investigators to reproduce the conditions that may have occurred during an actual fire incident. Numerous parameters must be entered into the simulator including; the layout and dimensions of the building, the ignition source (its location and energy release), the thermal properties of the walls, ceilings and floors, and any openings (the size, location, and timing). The simulator then produces a three dimensional model of the potential conditions during the actual fire.

How It Was Used & Could Have Been Used

A privately hired Fire Protection Engineer for the defense used the Fire Dynamics Simulator to simulate the fire in Amanda Alley’s apartment. He specifically tested the defense theory that the fire was ignited accidentally by the light box above the victim’s bed. All known data about the fire was entered into the simulator including; the building geometry, details of the walls and ceiling, details about the position of doors and windows (the bathroom door was open and the window was open), details about the light box and the bed, and details of the fire itself.

The Fire Dynamics Simulator also should have been used to test the arson theory.

How It Was Used

What Was & Could Have Been Determined

The simulation of the fire that was created begins with the light box falling and igniting the bed, the fire then spreads from the bed and becomes bigger in size. It was concluded that the results of the Fire Dynamics Simulator data fit the accidental fire theory. “It is our conclusion that the accidental scenario fit all of the data of the Alley fire.” Said Fire Protection Engineer Doug Carpenter.

By testing the arson theory, it could have been determined whether the data from the fire also fit the arson scenario. If it was determined during this testing that the data did not fit an arson at all, this would have provided more evidence for the defense and Mr. Pourghafari's innocence. If the data also fit an arson scenario, the prosecution could have used this at trial as greater evidence of the suspect’s guilt in having set the fire intentionally.

What Was Determined

Analysis of the fire scene photos and records

Photo Analysis

Explanation of the Method

Fire experts are sometimes called in by the defense, law enforcement, investigators, or the prosecution to conduct an analysis of the investigation and to determine its validity. These experts review photographs of the fire scene, reports, sometimes testimony, and other fire scene data. They then evaluate the validity of the work of the other investigators and draw their own conclusions. They may then give expert testimony on the results of their own analysis.

Explanation of the Method

How It Was Used

Two separate analyses were performed by experts.

A Fire Analyst and Forensic Chemist called in by the defense analyzed the crime scene photos. He is a renowned expert and has been to the scene of more than 2000 fires. He started his analysis by looking at the photos for evidence of a flashover. A flashover occurs when the fire in a room suddenly ignites the majority of its contents, transitioning from a fire to an entire room on fire. He also analyzed the photos and records to determine any other plausible ignition sources that could have started the fire.

One of the most respected names in fire investigation was brought in as an expert for the prosecution. The prosecutor wanted him to take another look at the case as an impartial source to determine what caused the fire. He started by looking at the facts of the case from the initial incident report. Then he analyzed the fire scene photos.

How It Was Used

What Was Determined

What Was Determined

The defense’s fire expert determined that a flashover had indeed occurred. He made this conclusion based on the presence of charring all the way around the door moulding and on the floor level. He also concluded that because a flashover had occurred, it was not possible to make conclusions based on the visual fire damage including the analysis of burn patterns. This is because flashovers themselves burn the floors and create irregular burn patterns. Based on his analysis of photos and records from the case, he determined that the fire likely started in the light box above the victim’s bed. He learned that the victim used the light box to store money. So, he concluded that the likely explanation was that the halogen lights caught the money on fire, and the light box eventually fell down onto the bed and caught the bed on fire.

The prosecution’s fire expert determined that there was no indication that the fire started in any electrical fitting or light above the headboard. Therefore, the headboard and the lights above the headboard were eliminated as possible sources of ignition that could have caused this fire. He based this on his observation that the headboard was

burned uniformly except for where debris had fallen on

it from the ceiling and the overall lack of

damage to the headboard.

Positive Pressure Ventilation (PPV) fan contamination testing

PPV Fan Test

Explanation of the Method

This testing has been performed in a few studies to determine whether the use of PPV fans results in the contamination of a fire scene with gasoline traces. Typically, carbon strips that absorb gasoline vapours are placed at varying distances from a PPV fan. The fan is then operated for a specific period of time. The strips are then collected and analyzed by a lab for the presence of gasoline.

How It Was Used

A Forensic Fire Analyst from the Fire Marshal's Office conducted this testing. The PPV fan was set up in the standard position (around 6 feet from the doorway). Three sets of carbon strips were set up at the base of the fan, in the doorway, and inside the test structure. The PPV was then allowed to run.

How It Was Used

What Was Determined

The carbon strips were collected from the test site and analyzed in the lab. There were no samples that came up positive for gasoline. This enabled investigators to determine that since the PPV did not contaminate the fire scene in this experiment, there was no evidence that it contaminated the Alley fire scene either.

What Was Determined

Burn Pattern Analysis

Burn Patterns

Explanation of the Method

Visual analysis of burn patterns by fire investigators is an internationally recognized fire investigation technique that is central to many fire investigations. In general, V patterns can “point” to the point of origin of a fire. U shaped patterns can point to there having been a pool of origin such as a puddle of gasoline rather than a single point of origin. Inverted V patterns (also called inverted cones) can indicate the use of an accelerant. Char patterns on the floor can also indicate the use of an accelerant.

How It Was Used

As a part of his analysis of crime scene photos and records, the prosecution’s fire expert analyzed the burn patterns found at the fire scene. Despite the defense’s expert asserting that burn patterns are unreliable after a flashover, he says that although it is difficult to analyze them it is possible.

Burn pattern analysis was also performed initially by the Fire Marshal.

How It Was Used

What Was Determined

The prosecution’s fire expert concluded that although the burn patterns on the edge of the bed and on the carpet adjacent to the bed were hidden, they were consistent with open flame promoted by gasoline. In other words, he determined that this fire was set intentionally as an arson fire with gasoline used as an accelerant.

During the initial analysis of the fire scene by the Fire Marshal, he determined that burn patterns on the floor of the victim’s bedroom were consistent with splash patterns from an accelerant having been poured around

the room.

What Was Determined

Collection of suspect’s clothing and shoes

Clothing Analysis

Explanation of the Method

When it is believed there is evidence on the clothing and shoes of a suspect, investigators will collect that clothing and those shoes as evidence. The clothing and shoes can be testing for fire remains and under a microscope to determine whether the clothing and shoes were subjected to high temperatures (i.e. a fire). If ignitable liquid is suspected in the fire, the clothing and shoes of the suspect can be tested for these substances.

How It Was Used

Mr. Pourghafari’s clothing and shoes were collected by investigators because it was suspected there could be evidence of accelerants on the items. At this stage, Mr. Pourghafari was the prime suspect in the fire and the presence of gasoline at the fire scene had already been established. The clothing and shoes were sent off and tested for the presence of accelerants.

How It Was Used

What Was Determined

The testing for accelerants performed on the clothing and shoes cakes back positive for the presence of gasoline on the right shoe. This gave investigators enough evidence that Mr. Pourghafari had committed the arson that he was arrested for the crime.

What Was Determined

ATF laboratory fire recreation

ATF Recreation

Explanation of the Method

The ATF is the Federal Bureau of Alcohol, Tobacco, Firearms, and explosives. The ATF laboratory is one of the largest and most well-known fire investigation labs in the United States. ATF agents use recreations to determine how fires burned. Their lab is equipped with multiple “burn cells” in which the features of a scene can be recreated and then set on fire to recreate the conditions of the actual scene of the fire. Complete rooms and even whole houses can be rebuilt, down to the small details such as the type of mattress. During the recreation, ATF agents use their massive calorimeter and thermal imaging cameras. The calorimeter enables investigators to measure

the mass of smoke and other materials released from the

fire to determine the size of a fire. Thermal imaging

cameras enable investigators to see the hottest

spots of a fire through all of the smoke

and debris

How It Could Have Been Used

ATF agents could have rebuilt Amanda Alley's bedroom in two of their large burn cells. They then could have tested both of the accidental and arson methods of ignition and compared their results to the known facts of the actual fire.

How It Could Have Been Used

What Could Have Been Determined

By comparing the data from their recreations to the actual data from the Amanda Alley fire, investigators could have had more definitive, reliable data as to whether the actual fire was an accident or an arson. This could have been determined based on which recreation fire (accidental or arson) fit the data from the actual fire scene.

What Could Have Been Determined

Forensic Careers

Forensic Careers & Their Roles in the Investigation

Fire Marshal

General Role & Duties

General Role and Duties

  • Fire Marshals have an average annual salary of $58,435
  • The primary role of a Fire Marshal is to; spread awareness on fire safety and the prevention of fires, enforce the fire code, and to investigate the cause of fires
  • They hold internationally recognized certificates in fire inspection and fire/arson and explosion investigation
  • They are knowledgeable in all areas of the fire department, building construction, and fire behaviour
  • They provide fire safety education to the public from preschoolers up to the elderly
  • They can be emergency responders trained as firefighters and EMTs
  • Fire Marshals share responsibilities in common with police officers, including carrying a gun on the job in some jurisdictions

How To Become

Education required:

  • Minimum of a high school diploma
  • Some agencies prefer an associate's or bachelor's degree in fire investigation, fire chemistry, or fire engineering
  • They must take courses in fire behaviour, fire safety awareness, fire technology, building codes, and fire investigations
  • In the US, they must pass a state exam to become certified as a Fire Marshal
  • Continuing education classes may be required to stay certified and keep the job

Other possible requirements:

  • Fire Marshals are generally required to have many years of significant firefighting experience, usually as a Firefighter
  • In some areas, they are required to go through the police academy to receive law enforcement training
  • Fire Marshals often work their way up the ranks by becoming a Fire Marshal Trainee, then a Deputy Fire Marshal, and finally a full Fire Marshal

How To Become

Role in this Investigation

Role in this Investigation

Lt. Joe Schwartz

Lt. Joe Schwartz

  • Arrived the morning of the fire and conducted the initial

investigation into the cause of the Amanda Alley fire

  • Determined the area of most damage- the area of origin was the victim’s bedroom
  • Eliminated electrical outlets, lighting, and other possible sources of an accidental fire
  • Detected a strong odour of gasoline while debris was being removed from under the victim’s bed
  • Took samples to test for gasoline. Samples were positive on the top of the victims bed, the floor beneath bed, and under the threshold of the bedroom door
  • Located splash patterns consistent with gasoline being poured around the victim’s bedroom
  • Formed the opinion based upon the gasoline findings that the fire was likely an arson
  • During the excavation of the room, found debris that was identified as pieces of baby books
  • Called in police detectives, who took over the case from that stage
  • Analyzed photographs of the burn marks on the suspect’s right hand. Determined the likely source of those burns was from using a lighter (gripping the lighter with his hand) to light the gasoline on fire, the vapours caught fire and burned his hands

Police Detective

General Role & Duties

General Role & Duties

  • The average salary of a Police Detective is $79,030
  • Their responsibility is to investigate crimes
  • In fire investigations, they investigate arson cases and homicide caused by arson, attempted murder, fraud (including insurance fraud), and more
  • They collect and use forensic evidence to investigate crime
  • They conduct witness and suspect interviews in order to confirm alibis, put together timelines, gather clues about the crime, and identify suspects
  • They keep detailed records and write investigative reports on their findings
  • Sometimes testify in court
  • They identify suspects and perpetrators of crimes
  • They also obtain warrants and make arrests

How To Become

Requirements:

  • Minimum of a high school diploma
  • Although it is not required by many areas, there is an increasing trend of applicants completing or needing to complete associate's or bachelor's degrees in criminology, criminal justice, or a related field
  • Applicants must pass a criminal background check and background investigation
  • They must complete the training academy, which is unique to different locations and agencies
  • They must pass the physical requirements for the job in agility, cardiovascular health, and fitness
  • Detectives are sometimes asked to take polygraph and drug tests

How To Become

Role in this Investigation

Role in this Investigation

Det. John Stokes

and Det. Bob Spence

Det. John Stokes and Det. Bob Spence

Florida Davie Police Department

  • Discovered the relationship between the victim and the suspect
  • Questioned the suspect, brought him to the police department for an interview (a soft interview)
  • When they brought up the affair, the suspect minimized the significance of his relationship with Amanda
  • Discovered and documented, photographed, singe marks on the back of the suspect’s hair
  • Discovered and documented, photographed, burn marks on the right hand of the suspect
  • Said the suspect’s demeanor changed after the burn marks were pointed out
  • Collected the suspect’s clothing and sent it for tests for accelerants which came back positive for gasoline on his right shoe
  • Arrested the suspect and charged him with arson and first degree murder
  • Interviewed a witness who was a neighbour that stated the suspect’s wife caught him after coming home from a business trip with Amanda the Sunday before the fire. His truck was parked in the back by her apartment
  • Other witnesses (co-workers) told police that the Friday before the fire Amanda had told them she thought she may have been pregnant

Fire Engineer & Fire Protection Engineer

Fire Engineer

General Role & Duties

General Role & Duties

  • Fire Engineers have an average salary of $81,830
  • The primary role of a Fire Protection Engineer is to create and implement systems that lower the risk of fire and fire damage to property, the environment, and people
  • In this role, they study how buildings are typically utilized, the methods by which fires are ignited and how they spread, and the effects of fire on property, the environment, and people
  • Fire Protection Engineers also investigate and study the cause of fires and use this information in their work to prevent future fires from occurring
  • They use math, chemistry, and physics
  • They can work in many different settings, including; rural settings with Forresters and Park Rangers, in urban settings with other health and safety engineers, in a commercial setting, government, or research
  • They can spend a lot of time working out in the field or at a desk

How To Become

Education required:

  • It is required to earn a bachelor’s degree in an engineering program approved by the Accreditation Board for Engineering and Technology. To be a Fire Protection Engineer, it is preferred that you specialize in fire science
  • Passing the Fundamentals of Engineering exam is recommended, although not required to ensure more work opportunities in the field
  • Four years of work experience is required to be eligible for a professional license
  • To become licensed, passing the Fundamentals of Engineering Exam and the four years of work experience are mandatory. Once they are completed, the applicant can apply
  • Continuing education courses to learn new developments and maintain your skills are recommended and may be mandatory at some places of employment

How To Become

Role in this Investigation

Role in this Investigation

Jamie McAllister (Fire Engineer)

Jamie McAllister (Fire Engineer)

  • Contacted by defense attorney Michael Dutko
  • Her role was to determine whether the gasoline found at the scene was there before the fire was ignited or after it was already extinguished
  • Analyzed the chemical breakdown of the gasoline found at the crime scene
  • Presented that if gasoline was used to start a fire, its lighter molecules would be released from its chemical structure in the fire and only its heaviest compounds would remain leaving a unique chemical signature
  • Did an experiment to try to reproduce the same chemical signature found at the crime scene
  • To simulate post fire contamination, gasoline was poured on a carpet sample and left at room temperature for 30 minutes
  • To simulate gasoline used as an accelerant, gasoline was poured on a carpet sample, ignited, and allowed to burn. A water extinguisher was used to put the fire out to simulate the ones the fire department would have used on the actual fire
  • Samples from the Alley fire, the fire sample, and the contamination sample were sent to a third party lab
  • The sample simulating post-fire scene contamination matched the sample from the actual fire
  • Concluded that the gasoline was due to contamination of the scene after the fire

Doug Carpenter (Fire Protection Engineer)

  • Was called in by the defense to prove the fire was an accident that started in the light box above the victim’s bed
  • Utilized a state of the art computer program entitled the “Fire Dynamics Simulator”, a 3 dimensional computer model that is used to simulate the actual fire
  • All the data points known about the fire were entered into the computer
  • The data was used to create a simulation of the Amanda Alley fire
  • Started the simulation with the light box falling on the bed, catching the bed on fire, the fire then spread from there and grew in size.
  • Concluded that the fire model’s results supported the accidental theory
  • He summarized his conclusion by stating; “It is our conclusion that the accidental scenario fit all of the data of the Alley fire.”

Doug Carpenter (Fire Protection Engineer)

Forensic Fire Analyst

General Role & Duties

  • Fire Analysts have an average salary of $56,670
  • They investigate fire scenes and locate the point of origin
  • Are sometimes called in to establish the validity of the investigation performed by other investigators by reviewing records, photos, testimony, and more
  • They determine how a fire started and whether criminal acts were involved
  • They can analyze evidence collected from the fire scene
  • They are familiar with the fire code and building codes and can establish whether a property met the codes before a fire
  • They can give expert testimony in court on the result of their analysis and investigation
  • Some Fire Analysts provide training to other investigators, fire litigators, and members of the public

How To Become

  • A Fire Analyst is not a career with a set path
  • You can become a Fire Analyst in several ways
  • The Fire Analyst mentioned in the next section (John Lentini) holds two certifications; International Association of Arson Investigators (IAAI) and the National Association of Fire Investigators (NAFI), and has a specialty in fire debris analysis, so we will discuss how to earn the first credential and become an Arson Investigator

How To Become

Education & Training

  • Graduate high school
  • Just like many other fire investigation careers, starting as a firefighter is a good way to begin and build your experience
  • Earning a degree in a relevant field is also another good way to build skills and knowledge. These can include; chemistry, fire science, criminal justice, or engineering
  • Take an arson investigator training program
  • These programs focus specifically on fire investigation, analysis, and research. Applicants study fire and building codes, the behaviour of humans that can lead to fire, how to determine the cause, and how to distinguish deliberate fire setting from neglect and accidental fires.

Education & Training

Certification

  • After completing the education and training required, a person can become certified by the International Association of Arson Investigators as a IAAI-CFI Certified Fire Investigator
  • To Become certified they must;
  • Earn 150 points on the IAAI-CFI application. Points are awarded based on achievements in training, education, and experience
  • Earn at least 70% on the required exam
  • Re-certify every 5 years

Certification

Role in this Investigation

Role in this Investigation

John Lentini (Forensic Chemist & Fire Analyst)

  • Called in by the defense
  • Has been to the scene of over 2,000 fires
  • Performed an analysis of the crime scene photos
  • Determined that a flashover had occured based on the charring on the door moulding and the charring down to the floor level
  • Believes that a flashover creates irregular burn patterns, so you cannot draw conclusions based on visual observations of the fire damage
  • Concluded that the fire could have plausibly started in the light bridge powered by halogen lights (ignition source) that caught the paper money the victim stored up there on fire which would have eventually caused the light bridge to fall, igniting the bed, and enabling the fire to spread

Perry Michael Koussiafes (Forensic Fire Analyst)

  • Called in by the Fire Marshal's Office
  • Conducted an experiment to simulate the use of a positive pressure ventilation fan to see if it could plausibly contaminate the scene of a fire
  • Set up the PPV outside the doorway of the building, around 6 feet away from the doorway
  • Set up 3 sets of carbon strips to absorb gasoline vapours if the fan was producing any;
  • At the base of the fan
  • At the doorway
  • Inside the building
  • Ran the fan
  • Took the carbon strips to the laboratory to be tested for gasoline vapours
  • Performed this testing, and concluded that all samples were completely negative for any gasoline
  • The PPV did not contaminate the scene in his experiments

Perry Michael Koussiafes (Forensic Fire Analyst)

Forensic Fire Investigator

General Role & Duties

  • A Forensic Fire Investigator has an average salary of $62,260
  • Forensic Fire Investigators use scientific and detective skills to determine the cause of fires and if required, determine whether criminal arson was a factor
  • They work in many different environments such as; with insurance companies, with law enforcement, with fire departments, and within the justice system
  • If the cause of a fire is arson, Fire Investigators will often be called upon to testify in court

How To Become

  • There is not one specific path to become a Fire Investigator because requirements vary by location and employer. Here is one of the possible paths;
  • Earn a high school diploma or GED
  • Optionally, earn an associate's or bachelor's degree in a related field such as; chemistry, fire science, criminal justice, or engineering to get some experience
  • Attending a fire academy may be required to get on the job experience seeing fires up close
  • Getting work experience working at a police or fire department in a position such as a firefighter can be beneficial or may be required before applying for a job
  • Attend a specialized training program in fire investigation and be certified as a Fire Investigator. The National Association of Fire Investigators has 3 certifications for Fire Investigators; Certified Fire and Explosion Investigator (CFEI), Certified Fire Investigator Instructor (CFII), and Certified Vehicle Fire Investigator (CVFI). To be certified you must complete the application, pass an exam, and generally become re-certified every 5 years
  • Required to pass a criminal record background check. May also be required to pass drug tests

How To Become

Role in this Investigation

Role in this Investigation

John DeHaan

John DeHaan

  • Called in by the prosecution, Brian Cavanagh
  • One of the most respected names in fire investigation
  • Examined the basic facts of the fire response from the incident report and the crime scene photographs
  • Based on the uniform burning of the headboard (only place it was more damaged was where debris from the ceiling landed on it);
  • He determined there was nothing on the headboard to indicate that the fire started in an electrical fitting or light inside the headboard
  • He eliminated the headboard and the lights in the headboard based specifically on the lack of damage present to the headboard
  • Examined burn patterns;
  • Although Lentini says they cannot be relied on, DeHaan says it is much harder, but not completely out of the question
  • Found that the patterns on the edge of the bed and on the carpet adjacent to the bed are mostly hidden because of the flashover but are still present
  • Concluded that the behaviour of the fire and the burn patterns were consistent with an open flame being promoted by gasoline, in other words an arson fire started with gasoline

Assistant State Attorney

General Role & Duties

  • The average salary of all attorneys is $115,820
  • An ASA acts on behalf of the state in performing criminal prosecutions
  • They are hired or appointed directly by the acting state’s attorney
  • They choose what criminal charges to bring, and when the person being charged will answer to them
  • They present the cases in court at trials to judges and juries
  • ASAs can investigate people (both suspects and witnesses), grant immunity, and make plea deals with defendants

How To Become

  • Earn a bachelor's degree prior to applying for law school, the specific major is not important
  • Complete the LSAT (Law School Admission Test) and ideally earn a grade above 160 (range is 120 - 180) which is considered excellent
  • Complete law school, which takes 3 years, focusing on criminal law
  • After law school, you must pass the bar exam for the state you want to practice law in. After you pass, you are admitted to the bar and take an oath as an officer of the court
  • Once you are a licensed attorney in the state you want to work, you can apply to be an ASA
  • You must complete the application for the desired place of employment and a background check

How To Become

Role in this Investigation

Brian Cavanagh

Brian Cavanagh

  • Researched the placement of the PPV fan which was determined to have been set up a correct distance away from the door (average is usually 6 feet)
  • Had the testing done to prove the PPV did not contaminate the fire scene
  • Formed the conclusion that “This was an arson. Period.”
  • He was the lead prosecutor in the case and brought the case and the evidence before a jury
  • Called in John DeHaan to take another look at the fire and what could have started it, who was brought in as an impartial source
  • Presented the theory that the suspect deliberately ignited the fire after pouring gasoline on the bed, victim, and around the bedroom, possibly with a lighter because of the possibility of Amanda’s pregnancy, her wanting more commitment, and his wife finding out about the affair

Defense Attorney

General Role & Duties

General Role & Duties

  • The average salary for all attorneys is $115,820
  • A criminal defense attorney provides a defense for their client
  • They may be court appointed or hired privately
  • They meet with their client, discuss the situation, explain all legal options including pleas and trial
  • If the case goes to trial, the responsibility of the defense attorney is to present evidence to raise “reasonable doubt” with the goal of their client being acquitted
  • If their client is found guilty, a defense attorney generally handles the appeal if they choose to make one
  • If their client wishes to make a plea, the defense attorney negotiates the terms to get the fairest agreement possible for their client

How To Become

  • The process of becoming a Defense Attorney is essentially the same as becoming an ASA
  • Earn a bachelor’s degree prior to applying for law school, the specific major is not important
  • Complete the LSAT (Law School Admission Test) and ideally earn a grade above 160 (range is 120 - 180) which is considered excellent
  • Complete law school, which takes 3 years, focusing on criminal law
  • After law school, you must pass the bar exam for the state you want to practice law in. After you pass, you are admitted to the bar and take an oath as an officer of the court
  • At this point, you can begin working as a defense attorney. Some options include; working privately, working as a part of a law firm, or working with legal aid

How To Become

Role in this Investigation

Role in this Investigation

Michael Dutko

Michael Dutko

  • Hired by the defendant
  • Has a reputation as one of Florida’s best defense attorneys
  • Worked on discrediting the circumstantial evidence;
  • Motive- Kazem is a deeply caring and compassionate person. He loved Amanda and their relationship dynamic was that he protected her and was someone she could talk to. He would not hurt her
  • Burns on hands- they were contact burns from trying to enter the house to help Amanda
  • Gasoline on shoe- the Sunday before the fire, Mr. Pourghafari visited a gas station to refuel his car (self-service)
  • He took depositions from the firemen who had been on the scene the day of the fire- he learned here for the first time about the PPV fan being used in the doorway
  • Researched PPV fans and learned- they are gasoline operated and began building a defense on gasoline contamination from the fan from; firemen moving the piece of gasoline equipment to the scene, manual refueling by pouring gas into the tank which could be spilled, and the exhaust from normal use. Discovered there was little to no documentation on where the fan was set up, if it was working normally, if there was a fuel leak, etc.
  • Called in Dr. Jamie McAllister (Fire Engineer) for her gasoline contamination testing
  • Called in John Lentini (Forensic Chemist & Fire Analyst) to analyze the fire for an alternative explanation of how it started
  • Called in Doug Carpenter to prove the accidental theory
  • Presented the theory: It was an accidental fire caused by the halogen lights in the light bridge igniting the paper money Amanda stored up there, falling down on the bed, igniting the polyurethane mattress topper and the bed, which caused the fire

Criminal Charges

Comparison of Arson Criminal Charges in the United States and Canada

Canada

Criminal Charges

Criminal Charges:

  • Arson- disregard for human life
  • First-degree murder

Arson- disregard for human life

Arson- disregard for human life

According to the Canadian Criminal Code, the sentences for arson are as explained below;

  • The sentence for arson- disregard for human life (section 433) is up to life in prison. It is an indictable offense.
  • The sentence for arson- damage to property (section 434) is up to fourteen years in prison. It is classified as an indictable offense.
  • The sentence for arson- negligence (section 436(1)) is up to five years in prison. It is also an indictable offense.

Mr. Pourghafari would have been charged under Section 433 of the Criminal Code in Canada. He knew that Amanda was in the house when he started the fire and, regardless of that, she died in the fire so was severely harmed. The charge would have been Arson- disregard for human life. This section states “433 Every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to imprisonment for life where

(a) the person knows that or is reckless with respect to whether the property is inhabited or occupied; or

(b) the fire or explosion causes bodily harm to another person.”

First-degree murder

Due to Amanda Alley dying in the fire, Mr. Pourghafari would have also been charged with first degree murder. Under Section 231 of the Criminal Code, first degree murder is defined as “Classification of murder

231 (1) Murder is first degree murder or second degree murder.

Planned and deliberate murder

(2) Murder is first degree murder when it is planned and deliberate.”

Investigators presented that Mr. Pourghafari intentionally brought gasoline to the house, poured it around Amanda’s bedroom and on her, and set the fire. This is an intentional and deliberate action that caused death. Therefore, he would have been charged with first degree murder.

First-degree murder

Possible Sentence

If found guilty, the sentence for arson- disregard to human life is life in prison. Section 433 of the Criminal Code states this; “433 Every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to imprisonment for life”

Section 235 of the Criminal Code states that the punishment for murder is life in prison.

“Punishment for murder

235 (1) Every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.”

Possible Sentence

Actual Case, Florida, United States

Actual Case (United States)

Criminal Charges

First degree murder

First degree murder

This case took place in Florida. Unlike Canada which is governed by the national laws laid out in the Criminal Code, states have their own unique criminal laws and statutes. Florida’s statute that governs crimes is titled Title XLVI- Crimes. Chapter 782 defines first-degree murder as “782.04 Murder.—

(1)(a) The unlawful killing of a human being:

1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;

2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:

a. Trafficking offense prohibited by s. 893.135(1),

b. Arson, ...

is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.”

Mr. Pourghafari was charged with first-degree murder for the death of Amanda Alley.

First degree arson

Mr. Pourghafari was also charged with first-degree arson which is defined in Chapter 806 as;

“806.01 Arson.—

(1) Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged:

(a) Any dwelling, whether occupied or not, or its contents;

(b) Any structure, or contents thereof, where persons are normally present, such as: jails, prisons, or detention centers; hospitals, nursing homes, or other health care facilities; department stores, office buildings, business establishments, churches, or educational institutions during normal hours of occupancy; or other similar structures; or

(c) Any other structure that he or she knew or had reasonable grounds to believe was occupied by a human being,

is guilty of arson in the first degree, which constitutes a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”

First degree arson

Possible Sentence

First-degree arson is a first degree felony in Florida. The possible sentence is up to 30 years in prison, up to 30 years probation, and a $10,000 fine. The minimum sentence is 21 months in prison.

The possible sentences for first degree murder in Florida are the death penalty and life in prison. Chapter 782 of Florida’s Title XLVI- Crimes describes the sentencing as follows;

“(b) In all cases under this section, the procedure set forth in s. 921.141 shall be followed in order to determine sentence of death or life imprisonment. If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant and file the notice with the court within 45 days after arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon a showing of good cause.”

In Mr. Pourghafari's case, prosecutors did not seek the death penalty.

Possible Sentence

Results of the Case

Mr. Pourghafari was charged with first-degree murder and first degree arson. Prosecutors did not seek the death penalty on the first degree murder charge. He was found not guilty by a jury and acquitted after around 3 hours of deliberations following a seven week trial.

Results of the Case

Fire Classification & My Decision

Fire Classification & My Decision

Four Causes of Fires

The four officially recognized causes of fires are; natural, accidental, incendiary, and undetermined.

  • A natural fire is a fire that is caused without any direct intervention by humans. For example, natural fires include those started by lightning and wind.
  • An accidental fire is a fire that has a proven cause not directly attributable to an intentional act to start or spread the fire by humans.
  • An incendiary fire is a fire started intentionally and on purpose by humans who know that a fire should not be started in those circumstances.
  • A fire is assigned a cause of undetermined when the exact cause of the fire cannot be proven.

Classification By Fuel Source

Fires can also be classified based on their fuel source. In this classification system, fires are assigned a letter that describes their type of fuel source.

  • Class A fires are fires that start from ordinary combustible material. This includes fires on wood, some types of plastic, paper, and cloth.
  • Class B fires are fires that start from flammable liquids or gas. This includes fires from oil, kerosene, gasoline, and paint.
  • Class C fires are fires involving live electrical equipment. This includes fires from lighting, electrical outlets, and wiring.
  • Class D fires are rare in ordinary circumstances and are usually only seen in laboratories using chemicals. They start from combustible metals such as potassium, magnesium, and titanium.
  • Class K fires are fires that start from cooking oils and fats. This includes fires from animal oil, vegetable oil, and animal fats. These fires typically occur in kitchen settings.

Classification Based On Fuel Source

My Classification & Decision

My Decision & Classification

My Classification

Based upon all of the previous information, I would classify this fire as an incendiary Class B fire. The presence of gasoline was detected in three unique locations in the victim’s bedroom (the top of the victim’s bed, the floor beneath the bed, and under the threshold of the bedroom door), indicating the presence of a large amount of gasoline over a significant area. The testing done by Forensic Fire Analyst Perry Michael Koussiafes with the PPV fan demonstrated no evidence that the PPV fan was capable of contaminating a fire scene. All of his samples were negative for the presence of gasoline. Electrical outlets and lighting were eliminated as possible ignition sources by both the Fire Marshal initially on the scene, Joe Schwartz, and one of the most respected names in the field of fire investigation, Forensic Fire Investigator John DeHaan. The Fire Marshal, Joe Schwartz also located burn splash patterns on the floor of the victim’s bedroom which were consistent with flammable liquid being poured throughout the room.

John DeHann also analyzed the crime scene records and photos and determined that the fire was set deliberately. He examined the burning of the headboard and determined that due to the lack of damage and the uniform burning of the headboard, the fire did not start in any electrical fitting or light in or above the headboard. He also performed burn pattern analysis which enabled him to conclude this fire was an arson. Despite the defense’s Fire Analyst, John Lentini, saying it is unreliable, DeHann says it is more difficult but still possible. He analyzed the burn patterns on the edge of the bed and on the carpet adjacent to the bed and concluded that they were consistent with an open flame promoted by gasoline. So, he concluded that the fire was set intentionally as an arson fire started with gasoline.

Evidence

The experiment conducted by the defense’s Fire Engineer Jamie McAllister, which in my opinion was the most compelling piece of evidence for the defense, is not a widely accepted fire investigation technique and was largely discredited by a research study she completed a few years after this case, in 2006. The study says that “Analytical techniques, such as gas chromatography/mass spectrometry (GC/MS), can identify the presence of an ignitable liquid residue (ILR) in fire scene debris. However, this technique is not currently used to determine whether the presence of an ILR indicates that an ignitable liquid was used to initiate a fire or was the result of contamination of a fire scene. Currently, there is only one other study that would support a chemical analyst in making such a determination.”. In a direct quote from the study, it was concluded that “The overall analysis of the gasoline samples shows conflicting results. Based on the ATF laboratory analysis, no clear distinction was observed between the ambient and oven samples when compared to the samples exposed to either the small- or large-scale compartment fires. This finding is in stark contrast to the previous gasoline weathering study, where a clear difference was found between samples that were subjected to a fire and those that were not. In light of the significant differences in the percent of weathering determination between the ATF and ATS laboratories, it is clear that further comparison research is necessary before this technique can be broadly applied.”.

Defense Evidence

Samples sent to the ATF laboratory, arguably the most respected laboratory for fire investigation in the United States, and possibly worldwide could not tell the difference between samples that had gone through a fire and those that had not “... the analysis procedures used by the ATF laboratory for this test program could not distinguish whether the samples went through the fire or were the result of post-fire scene contamination. In contrast, the ATS laboratory procedures used for both this test program and the previous study are generally capable of distinguishing between a sample that went through the fire and a sample introduced after the fire.”. The ATS laboratory could only “generally” distinguish samples that had been through fires and those that had not meaning there is still a significant margin of error with this technique being applied in the ATS laboratory. It is not known what laboratory she used to complete the testing for the Amanda Alley fire investigation. Based upon this study, the testing she conducted for the Amanda Alley investigation is not reliable. Those results can not be used to definitively say whether the gasoline found at the fire scene was the result of contamination or used as an accelerant, despite the way it was presented in the programme “Forensics: You Decide”.

Defense Evidence

Evidence of the Suspect's Guilt

  • The suspect arrived on the scene of the fire almost immediately after it was ignited despite it being extremely early in the morning and providing no explanation for this
  • During his police interview, he attempted to minimize the extent of the relationship he had with the victim, Amanda Alley
  • Singe marks were present on the back of his hair
  • Severe burning and blistering was present on his right hand when neither of Amanda’s roommates who had actually been inside of the apartment had any burns or injuries at all
  • Fire Marshal, Joe Schwartz, concluded that the burns on his hand were consistent with having used an ignition device such as a lighter to light the gasoline on fire. The gasoline vapours caught fire and burned his hand and singed his hair in the process
  • When the burn marks were pointed out, the demeanour of the suspect completely changed and he began to come up with a list of excuses as to how he got the burns (he claimed that he got them trying to use the hose to put out the fire)
  • Tests on his clothing and shoes came back positive for gasoline on the right shoe

The Suspect

Evidence of the Motive

  • Mr. Pourghafari was discovered to have had an inappropriate romantic relationship with Amanda, despite him being married
  • A neighbor who was a witness stated that Mr. Pourghafari’s wife caught him with Amanda the Sunday before the fire. She had been coming home from a business trip and saw his truck parked in the back by her apartment
  • Co-workers of Amanda’s told police that Amanda had told them she thought she may have been pregnant the Friday before the fire
  • Pieces of baby books were found in the debris when the fire scene in the victim’s bedroom was being excavated

The Motive

Therefore, this fire was started intentionally and deliberately in a human act by a person who knew a fire should not be started there. This classifies the fire as incendiary. The fire was started by a person pouring gasoline around the victim’s bedroom and then igniting it. This classifies the fire as Class B in regards to its fuel source since gasoline is a flammable liquid. This is a case of murder and arson committed by the suspect, Mr. Pourghafari. He set this fire due to the fear of a potential divorce hurting his business since his wife had already caught him with Amanda and her possibly wanting more commitment from him since she thought she may have been pregnant.

Conclusion

Sources

Sources

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