Fire expert called to the stand
In hopes of proving the fire that claimed the life of Lee Neal was no accident, prosecutors brought a fire expert to the stand Thursday who testified the fire was started from outside the victim’s small trailer.
During his testimony, state bomb and arson unit investigator William Barker told the court he determined the fire which consumed Neal’s trailer in the pre-dawn hours of July 1, 2000, began near a rear fender-well of the trailer and was lit from the outside. He dismissed defense contentions the fire could have started from the inside of the trailer by accidental means.
According to Barker, he based his findings on several factors. Among the factors was that an accelerant-sniffing dog indicated the presence of an accelerant in the rear of the trailer, near where a discoloration was found on the grass. TBI forensic specialist Laura Hodge later testified kerosene traces were found in samples taken from just behind the trailer and near the front door. Traces of kerosene were also found on murder suspect Thomas Lance’s shirt, Hodge noted. The TBI agent admitted she could not determine how long the kerosene had been there or in what amount. She did note kerosene traces can remain for up to three months.
In addition to the kerosene found at the scene, Barker said there was no evidence found that the fire began inside the residence. Barker went on to point out the underneath portion of the floor was severely burned while parts of the tops of the floor, located inside the burned out trailer, were not as badly burned. Defense attorney Michael Galligan suggested debris may have fallen on the top of the floor during the fire, thereby protecting the floor in parts to give the appearance the fire burned more intensely from below the floor.
Barker noted it appeared the tire on the backside of the trailer, near where the kerosene traces were found, appeared to have burned from the ground up, and not from above as would have happened had the fire started inside the trailer.
Making the question of whether the fire began outside of prime importance was Barker’s contention that the door to the trailer was locked at the time of the fire. Barker based his finding on the fact the door, which was a keyed deadbolt-type lock, was found in the locked position after the fire.
“It’s impossible for fire to lock a door,” Barker said.
Barker went on to say he knew the door was not only locked but also latched because rubber insulation which lies between the door and door facing had not burned away, suggesting it was shielded from the flames because the door was closed. The burned keys to the door were found inside the trailer near the door. Neal’s family said their son never locked the door to the trailer when he was inside.
In questioning if the fire could have been accidental, Galligan pointed out no one knows if Neal was awake when the fire began. Had the victim been asleep, Galligan surmised a fire inside the trailer could have smoldered, with the smoke overcoming the victim before the actual fire began. Dr. John Gerber would later testify Neal was alive when the fire began, based on soot found in the victim’s lungs. He died of smoke inhalation.
As to whether Lance was actually sleeping inside a nearby car as he claimed when the fire began, prosecutors brought victim’s parents, Don and Kathy Neal to the stand. Mr. Neal testified he, his son and Lance had been together, drinking beer and smoking pot earlier in the evening and Lance was planning to sleep over at their residence. The victim and Lance had been friends since childhood.
Mr. Neal said he did not hear his dogs bark the night in question, noting they normally bark when a strange person arrives. Both of the Neals said they doubted Lance would sleep in one of their vehicles when he could have slept in the trailer instead.
The first officers on the scene reported smelling alcohol on the defendant, but admitted they could not detect any kerosene. However, sheriff’s Sgt. David Pruitt said he noticed Lance was barefoot when he saw him, adding his pants legs seemed very dirty. Pruitt recalled Lance left dirt in the floorboard of his patrol car when he gave him a ride home later; however, Pruitt said he found no dirt inside the station wagon which Lance claimed he slept in when he checked a short time later.
The prosecution closed its case late Thursday with the testimony of Johnny Parrish, who admitted to the court he had been arrested “on occasions too numerous to count.”
Parrish said he was working with Lance and Neal the day before the fire at a job site and that he heard Lance say, “I’m fixing to kill that —–.” Parrish said he came forward with the information after hearing about the fire.
On cross-examination, Parrish admitted he gave his written statement after he was arrested a month later for theft. However, he maintained he came forward and orally told an investigator the information before he was charged with any crime. Sheriff’s investigator Tommy Myers confirmed Parrish’s claim.
His former boss, and the boss of Lance and Neal, Terry McKeon, would later testify his work records showed Parrish was not working the day he supposedly heard Lance make the death threat. He also said Lance and Neal were inseparable friends who never had any problems with one another.
The defense phase of the trial continues today beginning at 9 a.m.