Anthony Baye Trial Day 5
 
8:56
8:53 a.m. Fred Contrada signing in for coverage of the Anthony Baye murder and arson trial for The Republican and Masslive. Today we are expecting the first prosecution witnesses to be called. If the dispatcher takes the stand, we are likely to hear the 911 call made by Paul Yeskie, Jr., reporting that his house was on fire. The tape, which has been played already at an evidentiary hearing, is riveting and horrifying. You can hear the desperation and panic in his voice as he was about to die in the fire at 17 Fair St. His father, Paul Yeskie, Sr., also died in the fire.
Friday May 10, 2013 8:56 
9:01
8:56 a.m. The judge and jury have yet to enter. Yesterday, prosecutor Brett Vottero explained why Baye is charged in murder in the first degree for the Yeskie's deaths. There are three elements for murder one, only one of which has to be satisfied:

1. premediatation

2. the murder is committed in the act of another felony

3. the murder is committed with extreme cruelty or atrocity.

The prosecution is not alleging that Baye intended to kill the Yeskies, so there is no premeditation. However, their deaths occurred while he was allegedly committing arson, a felony. He is also charged with armed burglary (the lighter being the weapon). I believe this is also a felony. Furthermore, the Commonwealth maintains that Baye should have known his actions could have resulted in the Yeskie's painful deaths, thus the extreme atrocity. A murder one conviction results in a mandatory sentence of life in prison without possibility of parole. Second degree murder is life in prison with the possibility of parole (after 15 years served).
Friday May 10, 2013 9:01 
9:04
9:01 a.m. Yesterday's jury view was in sharp, almost ironic contrast to the night of the crimes. Dec. 27, 2009, was a night of cold miserable rain. Yesterday was a perfect May day, with trees budding and flowers in bloom. There are no traces of the fires from that night. The cars are long gone, the houses repaired. In the case of 17 Fair Street, which was burned to the ground, a new house has been built on the site.
Friday May 10, 2013 9:04 
9:05
9:03 a.m. Baye's parents, a few residents of the neighborhood where most of the fires occurred, and some police officers are already in court waiting for things to start.
Friday May 10, 2013 9:05 
9:10
9:07 a.m. From the prosecution's point of view, yesterday's jury view was a chance to show the jurors that one person could have gone from site to site setting fires in a short period of time. I couldn't hear what Brett Vottero was saying, however. For the defense, presumably, it's the opposite: that it would be difficult or impossible for one person to set so many fires in such a short period of time.
Friday May 10, 2013 9:10 
9:16
9:11 a.m. Northwestern DA David Sullivan has called this the most significant case to come out of Hampshire County in five decades. I don't go back that far. The Sean Seabrooks murder trial was big (some 20 years ago). Seabrooks stabbed his girlfriend Sherry and their 18-month -old son Cedric to death in Northampton's Meadowbrook Apartments. I know his appeal was tried in Berkshire County. I don't recall if the trial was in Northampton. The Suzanna D'Amour trial was another big one. D'Amour and her alleged lover, Alex Rankins, were accused of plotting to shoot D'Amour's husband to death for his life insurance money. Rankins was convicted, D'Amour acquitted. I believe the murder was in South Hadley. It had a significant Black Widow aspect, so the proceedings made for compelling news.
Friday May 10, 2013 9:16 
9:20
9:16 a.m. The Kristen Gilbert murder trial came out of Hampshire County but was tried in U.S. District Court because the murders took place on federal property, the VA in Northampton. Gilbert was convicted of four counts of murdering patients by giving them hot shots of epinepherine, which made their hearts beat so hard they stopped.

Investigators believe she might have been one of if not the most prolific female serial killers in U.S. history and that she was responsible for many more deaths than those for which she was charged. She is serving four consecutive life sentences in federal prison, having narrowly escaped the death penalty. David Hoose, representing Baye in this trial, was one of her lawyers. Hoose also defended Rankins in the D'Amour trial.
Friday May 10, 2013 9:20 
9:24
9:22 a.m. Judge Constance M. Sweeney has taken the bench and called the lawyers to sidebar. The judge's appearance in this court seems to be announced by a buzzer.
Friday May 10, 2013 9:24 
9:25
9:23 a.m. They are talking to a juror at sidebar. I don't know what about.
Friday May 10, 2013 9:25 
9:28
9:26 a.m. The lawyers are discussing something and conferring with the judge. The juror has stepped out.
Friday May 10, 2013 9:28 
9:34
9:32 a.m. The jury has entered. The judge asks them the standard morning questions: have they seen or read any news of the case, discussed it, etc. No positive response.
Friday May 10, 2013 9:34 
9:37
9:33 a.m. Prosecutor Brett J. Vottero calls his first witness, Kelly Woods. She is a dispatcher for the city of Northampton. She is also the director of communications. She is describing the work stations for dispatchers, the console, phone, etc. 5 lines. A screen with the address and number of the caller. Computer that documents the calls.
Friday May 10, 2013 9:37 
9:39
9:37 a.m. A dispatcher handles all the business calls for police and fire.They dispatch police and fire to locations. It is up to a dispatcher to triage emergencies.
Friday May 10, 2013 9:39 
9:43
9:39 a.m. In Dec. 2009 there were two dispatchers on duty. They call for mutual aid in the case of dire emergencies. This means help from other towns. All calls are recorded.
Friday May 10, 2013 9:43 
9:47
9:42 p.m. Two dispatchers on duty on Dec. 27, 2009. Woods learned about the hubbub, went to the dispatch center. When she got there she found both dispatchers handling both police and fire calls. Woods pitched in and called an ambulance. She identified and isolated the 911 calls from the early structure fires. They got one from 26 Union St.
Friday May 10, 2013 9:47 
9:50
9:47 a.m. 1:58 a.m. call from 26 Union St. Vottero plays the tape of the call for the jury. "My house is on fire... (heavy breathing)...(yelling in the background)...Henry Siegel..."
Friday May 10, 2013 9:50 
9:53
9:49 a.m. Woods says two dispatchers can take a call at once. At 2:06 a.m. a 911 call from 10 Highland Avenue. Vottero plays it for the jury. "...(lots of frantic yelling)...(difficult to make out words)... (hang up tone)...(call back ring)...(crying, frantic)...Highland Ave... 10...(gasping)..."
Friday May 10, 2013 9:53 
9:55
9:52 a.m. It is difficult to make out the words of the callers, in part because they sound fearful and panicked. At 2:11 a.m. call from 17 Fair St. Vottero plays it for jury. "I got a fire in the house... 17 Fair Street...I can't get out... There's a big fire on the porch. I can't get out of here!... (What's your name)... Paul Yeskie... I can't get out!..." Line goes dead.
Friday May 10, 2013 9:55 
9:56
9:54 a.m. A call comes in from Williams Street. "There's a car fire near Hawley Street... We're on Williams Street...There's a car on fire in a driveway...It's very close to our house..."
Friday May 10, 2013 9:56 
9:59
9:56 a.m. At 2:19 a.m. a call reporting smoke at 32 Highland Ave. "... full of smoke...32 Highland Ave... house is full of smoke and I can't find out where it's coming from..."
Vottero asks if the previous fire reported at 10 Highland was out by then. Yes, said Woods. A police officer reported a fire on Pomeroy Street at 2:34 a.m. Vottero plays it.
"...I got a car fire on Pomeroy Terrace... near 16 Pomeroy..."
Friday May 10, 2013 9:59 
10:02
9:59 a.m. Another call at 2:43 a.m. of fire at Northern Avenue. "...in our garage... a fire in our garage..." Dispatcher says to get everybody out of the house. "..oh my God...garage on fire...oh my God..."
Friday May 10, 2013 10:02 
10:04
10:01 a.m. Report from Smith College police about fire on Crescent Street. 3:14 a.m. another report of fire on Franklin Street. "...number 117... Franklin Street...a car is on fire... there's a big fire..."
Friday May 10, 2013 10:04 
10:04
10:03 a.m. Vottero done. No cross. Woods steps down.
Friday May 10, 2013 10:04 
10:08
Dispatcher Kelly Woods testifies. [Photo by staff photographer Mark M. Murray]
Friday May 10, 2013 10:08 
10:10
10:04 a.m. Vottero calls Henry Siegel, 18, now lives in Florence. A senior at Northampton High School. Was living at 26 Union Street on Dec. 27, 2009, with parents and brother. He was 15 at the time of the fire.
Vottero: Tell us the first time you thought something was wrong.
Siegel: I heard rustling noises, sounds like something being dropped. I was in the bedroom on the second floor. Around 2 a.m. I was still up. "Ruckus, things being moved..." Coming from downstairs. I lay in fear for a minute, convinced someone was in my house. Eventually I heard glass shattering. Woke up my dad. We went downstairs. We saw the porch and kitchen area enveloped in flames. We ran out of the house."
Friday May 10, 2013 10:10 
10:14
10:09 a.m. "The fire was in the porch and kitchen area... The door from driveway to porch was unlocked... gardening tools, mattress, gloves on the porch.. so many things..." At first the fire was mostly on the porch, slowly coming into the kitchen. We went across the street. A neighbor called 911. When it was all said and done, the fire destroyed everything we owned. The house was destroyed.
Friday May 10, 2013 10:14 
10:16
10:13 a.m. Vottero shows Siegel photos of damage to his bedroom. The jury views the photos on a screen. It shows his bedroom and its contents heavily damaged by fire and smoke.
Friday May 10, 2013 10:16 
10:21
10:15 a.m. Cross by Hoose. You said your bedroom overlooked Union Street. You were awake. You hadnt heard any cars... "I did hear a car door slam..." Hoose: "Did you look out your window?" Siegel: "No."
Hoose asks who last came into the house that night. Questions if he knew whether or not the door was closed. Hoose done. Siegel steps down.
Friday May 10, 2013 10:21 
10:24
10:20 a.m. Vottero calls State Trooper Sean Sullivan. He is assigned to the fire and explosion investigation section. Part of the state fire marshal's office.
Friday May 10, 2013 10:24 
10:24
[Comment From M M : ] 
This is the first time the defendant is hearing these panic calls? How is he reacting?
Friday May 10, 2013 10:24 M
10:24
10:23 a.m. Baye has heard the Yeskie call before at an evidentiary hearing. I did not note his reaction.
Friday May 10, 2013 10:24 
10:25
Henry Siegel testifies. [Photo by Mark M. Murray]
Friday May 10, 2013 10:25 
10:29
10:24 a.m. Sullivan is describing his training. He is a certified fire investigator. His assigned area is Worcester County and part of Middlesex County. He and his unit were called to respond to Northampton after the Dec. 27 fires. He got there just after dawn.
Friday May 10, 2013 10:29 
10:30
Trooper Sean Sullivan. [Photo by Mark M. Murray]
Friday May 10, 2013 10:30 
10:31
10:29 a.m. Sullivan explains the procedure for investigating a fire scene. They go from the part of the scene with the least damage to the part of the scene with the greatest damage. The site of the greatest damage is generally where the fire begins.
Friday May 10, 2013 10:31 
10:35
10:30 a.m. They document the scene, photograph it. Excavate the room. Look for heat sources (smoking, electrical, etc.) The area of origin is successfully identified about 90 percent of the time, Sullivan says. Determining the cause is a slightly lower percentage.
Friday May 10, 2013 10:35 
10:37
10:34 a.m. Vottero talks about Dec. 27 fires. Do you go to 26 Union St.? Yes, Sullivan says it was a single-family, two-story building with an attachment and a one-car garage. He says the fire originated on the enclosed porch attached to the kitchen. The cause was application of an open flame to readily available combustible "stuff."
Friday May 10, 2013 10:37 
10:42
10:37 a.m. Vottero shows photos of 26 Union, has Sullivan explain the orientation. The burn patterns are consistent with the fire starting on the porch, he says. Photo of charred door to the porch. Photo from inside the kitchen looking out of charred room and window.
Friday May 10, 2013 10:42 
10:44
10:41 a.m. Photo of fire-gutted interior of 26 Union Street. Sullivan says the fire started in the part of the porch closest to the main residence. Vottero done. Hoose on cross.
Friday May 10, 2013 10:44 
10:48
10:44 a.m. You got there 8-10 hours after the fire? Sullivan: Maybe seven. Hoose: You interviewed the Siegels? Sullivan: Yes. Hoose: By the time you get to the scene things have been moved around. Sullivan: To a degree. Hoose asks if any of the porch windows were intact when Sullivan arrived. The door was still there, Sullivan said. The door was on the ground.
Friday May 10, 2013 10:48 
10:50
10:47 a.m. Hoose asks if Sullivan can point to a precise spot where the fire started or what exactly was under to ignite the fire. Sullivan agrees. Hoose done.
Friday May 10, 2013 10:50 
10:50
10:49 a.m. Sweeney takes the morning break. Back in 15 minutes.
Friday May 10, 2013 10:50 
11:09
11:08 a.m. Jury is back. Waiting for the judge.
Friday May 10, 2013 11:09 
11:14
11:10 a.m. Matt Thomas, the ADA, calls Naomi Cairns. She lived at 10 Highland Ave, one of the houses set on fire. I believe Cairns has the distinction of having lived in another house in Baye's neighborhood that burned down prior to Dec. 27, 2009. Cairns was out at a reunion that night, came home 1:30-1:45 a.m., saw flames coming from the porch.
Friday May 10, 2013 11:14 
11:18
11:14 a.m. Thomas shows a photo of the 10 Highland Ave. house. She heard a fire alarm. She testifies that she lost her previous house 3 years before by fire. She ran onto the porch and tried to stomp out the fire. That didn't work. She called 911.
Friday May 10, 2013 11:18 
11:21
11:17 a.m. There was a large cardboard box with photo paper on fire. The box had been there less than a week. Thomas shows photo of fire damage on porch. Cairns used her cell to call 911. She was upset in part because of earlier fire. She told 911 she felt like someone was trying to kill her.
Friday May 10, 2013 11:21 
11:22
11:20 a.m. She and a neighbor put out the fire with buckets of water from the kitchen. Thomas done. Lesser has no questions.
Friday May 10, 2013 11:22 
11:28
11:22 a.m. Thomas calls Christopher McCully of 18 Highland Ave. He is a carpenter. He lived at 18 Highland Ave. on Dec. 27, 2009. It's a four apartment house. He was in Connecticut that day for Christmas. Cairns is McCully's neighbor. He left his pickup truck in the driveway when he went to Ct. Inside was a textbook, driving mittens, newspapers.
Friday May 10, 2013 11:28 
11:32
11:27 a.m. Photos of interior of McCully' truck. His roommate told McCully there was some minor damage to his stuff in the truck. A burn hole in one of the mittens and on the cover of the paperback. Thomas done.
Lesser on cross: Any damage to the papers under the book and mitten? McCully: No.
Friday May 10, 2013 11:32 
11:40
11:32 a.m. Thomas called Charles Marchand, lived at 32 Highland Ave. on Dec. 27, 2009. At 2 a.m. he was up with his roommate watching "Lost." Thomas shows photo of house. Marchand was on his computer, has sensitivity issues with smoke, smells. Got intense stabbing pain in his head. Thought it was gas leak in basement. Checked it out but found nothing. Went upstairs, looked down hallway towards porch. Couldn't see a thing. Opened door "an was immediately hit in the face by a mountain of smoke."
Friday May 10, 2013 11:40 
11:45
11:40 a.m. On the porch were table, bag of rocks. "I assumed the house was on fire. I ran in to get everybody out of the house and called 911." People said, "No the house next door is on fire." It was confusing, Marchand said. We grabbed everything we saw on fire and threw it out into the rain.
Friday May 10, 2013 11:45 
11:50
11:45 a.m. Marchand says they went out into the rain and noticed people down the street standing outside their house too. Thought it was really strange. We couldn't figure out what was going on. Saw a fire truck coming down our street. It kept going. We noticed there was yet another fire near the fairgrounds. We kept seeing fires. That scared us. "It was really just terrifying. It looked like they were bombed."
Friday May 10, 2013 11:50 
11:55
11:50 a.m. Thomas done. Lesser on cross.
Lesser: How long had it been raining like that? At least an hour? If you were outside for more than a minute or two you would have been soaked through and through?
Marchand: Yes.
Lesser asks if Marchand heard anything before going down to the basement. No. Asks about the bag of rocks. Lesser done. Marchand steps down.
Friday May 10, 2013 11:55 
11:58
11:55 a.m. Thomas calls Justin Bard. Bard, 31, was living at 32 Highland Ave. on Dec. 27, 2009. He is a guitar teacher.
I believe the prosecution must present evidence of each and every fire with which Baye is charged, therefore, the long procession of witnesses.
Friday May 10, 2013 11:58 
12:03
11:58 a.m. On Dec. 27, 2009, Bard says, a bag of rocks was lit on his porch. He dumped the bag out in the yard. "We saw some other people down the street come out of their house saying there was a fire on their porch." He saw the Fair Street fire across Route 9.
Friday May 10, 2013 12:03 
12:07
12:02 p.m. Bard and his friends drove around, saw several fires. Police asked what he was doing out. He then went home. Thomas done. Lesser on cross.
Lesser asks Bard about his driving around. How long? 20-30 minutes? Asks about the bag of rocks. Was it smoldering?
Bard: Lightly smoldering.
Friday May 10, 2013 12:07 
12:13
12:06 p.m. Lesser done. Bard steps down. Vottero calls State Trooper Craig Boudreau. State Police Sgt. Assigned to fire and explosion investigation section, then to field services. Sent to Northampton to investigate 3 fires on Highland Ave. Got there in early morning. Started with 10 Highland. He found the fire originated on the porch.
Friday May 10, 2013 12:13 
12:21
12:12 p.m. Boudreau did not find any burnt matches. He then investigated 18 Highland. Looked at McCully's truck, found charring to glove, book inside. "Fire travels in a specific way (up)." Therefore there were three separate and distinct origins of the attempted fire in McCully's truck. (There was no connection between the areas). Boudreau then investigated 32 Highland Ave.
Vottero shows Boudreau photos of materials from porch at 32 Highland. He found no source of accidental ignition, found no matches.
Friday May 10, 2013 12:21 
12:22
12:20 p.m. Boudreau's opinion is that the 3 Highland fires were intentionally set by application of open flame to combustible items.
Vottero done. Lesser on cross.
Friday May 10, 2013 12:22 
12:28
12:21 p.m. Lesser: Can you estimate when the fire started? Boudreau: No.
Lesser is trying to get Bourdreau to give an opinion about how long it would take a fire to visibly flare up on the porch. He says several minutes. Boudrea says there are various factors that determine how fast the fire will progress.
Friday May 10, 2013 12:28 
12:32
12:27 p.m. Lesser done. Vottero asks what is a "ventilation control fire." Boudreau says it's a fire based on the amount of air in the room. Vottero: Was there a differnce in ventilation between 10 and 32 Highland. Boudreau says 10 has a screen porch (more ventilation). The truck doors were closed so the ventilation was limited.
Boudreau steps down.
Friday May 10, 2013 12:32 
12:32
12:31 p.m. Vottero calls Elaine Yeskie.
Friday May 10, 2013 12:32 
12:37
12:31 p.m. Mrs. Yeskie enters slowly, using a cane. She is 78, according to court documents. (She gives this as her age on the stand). She still lives at 17 Fair St. She was living there on Dec. 27, 2009, with her husband, son and friend, Carol Lapointe. "Big house. Huge attic. Huge fireplace my husband built." "We remodeled it, took everything apart." Replaced the plumbing, put in insulation. My bedroom right over my husband's. My son's bedroom was on the first floor, like my husband.
Friday May 10, 2013 12:37 
12:42
12:36 p.m. Mrs. Yeskie on the stand. Vottero shows her photo of her house before the fire. She cries. "I see my flowers I put in" (crying) "I had a round table (on the porch) and a glass table and chairs with cushions. I had two pine cone wreathes."
Vottero asking about access to the porch. She had colored lights on wreathes. She had the wreathes since 1984.
Vottero shows another photo of the house exterior pre-fire.
Friday May 10, 2013 12:42 
12:45
12:41 p.m. On Dec. 26 my husband went to bed at about 11 p.m. I was still up. I took my meds and went to bed, heard my husband shut the TV. I kept the porch door unlocked for the mailman. After I went to bed I heard a loud scream, thought it was my radio. I saw the window all red and knew it was a fire. I went into the living room and the thing was screeching like crazy. I couldnt believe what I was seeing. I said I better get out of here.
Friday May 10, 2013 12:45 
12:48
12:44 p.m. My friend was gone. She was bed-ridden. I don't know how she got out. I went downstairs. My husband said, "Go upstairs and call the fire department." I did what he told me to do, which I shouldn't of. I says, "Get out now." The line was dead. I swore. I grabbed my boots and pocketbook and my coat and I went down the stairs. My friend, she was already gone up the hill.
Friday May 10, 2013 12:48 
12:51
12:48 p.m. I went out onto a little porch upstairs. I got down the bottom of the stairs and it was pouring out. Sat down and put my boots, coat on. I looked at the bathroom window and it was all black. The whole front porch was engulfed with fire. I went around to see Paul and Paulie. My so-called friend Carol said "I heard somebody coughing in the bathroom." I waited and waited. I knew they (husband and son) were not coming up the hill. She IDs her son from the tape.
Friday May 10, 2013 12:51 
12:54
12:50 p.m. Vottero done. Hoose on cross.
You were asleep before the screech. The porch door was a wooden screen door.
Yeskie: I lived downstairs during the day and upstairs during the night.
Hoose: Who was the last person in the house that evening.
Yeskie: The guy who lit the fire.
Yeskie done.
Friday May 10, 2013 12:54 
12:54
12:53 p.m. Judge Sweeney calls lunch break. Back at 2 p.m.
Friday May 10, 2013 12:54 
1:29
Elaine Yeskie testifies. [Photo by Mark M. Murray]
Friday May 10, 2013 1:29 
1:56
1:55 p.m. Back and waiting for the judge and jury.










1:55 p.m. Basck and waiting for the judge and jury






`
Friday May 10, 2013 1:56 
1:59
1:57 p.m. What we have seen this morning was a steady parade of fire victims. The prosecution needs to establish evidence for every charge. That means 15 fires, several attempted arsons and the armed burglaries.
Friday May 10, 2013 1:59 
2:02
2:01 p.m. By my count there were 9 witnesses called this morning.
Friday May 10, 2013 2:02 
2:10
2:07 p.m. Court is back in session Vottero calls Richard Beaupre. He is 37, lives at 57 Market St. in Northampton. He does security and maintenance at Thornes Marketplace. Vottero asks him about the early morning hours of Dec. 27, 2009. He was with his girlfriend and her friend. "We had just finished dinner and I look out the back door and see all these fire truck lights."
Friday May 10, 2013 2:10 
2:15
2:10 p.m. Beaupre's house was in the midst of the fires. "We went out to see what was going on." They drove around. Drove down Fair Street, saw 17 Fair on fire. He got there before the fire trucks. They banged on the neighbor's door, called 911. They couldnt get near the house because the fire was too hot.
Friday May 10, 2013 2:15 
2:18
2:14 p.m. Two ladies came out from behind the house that was on fire. A police car and tow truck came. We were these less than ten minutes. As they were leaving a fire truck arrived.
Vottero done. No questions from Hoose.
Friday May 10, 2013 2:18 
2:21
2:17 p.m. Vottero calls Leon Jasinski. He lives at 11 Fair Street. The Yeskies were his neighbors. He was home on Dec. 27, 2009, sleeping. His wife shook him to get up. "Somebody's banging on the door." Nothing ever happens on Fair Street, he says. He saw the house at 17 Fair on fire.
Friday May 10, 2013 2:21 
2:24
2:21 p.m. Jasinski walked out, saw the Yeskie house burning. His wife called 911. The firefighters, police came. Vottero done. No cross.
Friday May 10, 2013 2:24 
2:30
2:24 p.m. Vottero calls Northampton police officer Kenneth Kirchner. He was on the 11-7 shift on Dec. 27, 2009. He was breaking up a fight at the Clarion Hotel on Conz St. at 2 a.m. He was dispatched to the 17 Fair St. fire.
Friday May 10, 2013 2:30 
2:35
2:29 p.m. Kirchner on stand. He saw the front of 17 Fair engaged in flames. He went around to the back of the house.
Vottero shows him a photo of 17 Fair after the fire.
Kirchner saw smoke pouring out of the windows and door. He tried to get into a door but could not. He went up the stairs and tried to get into another door. "I could hear somebody yelling for help."
Vottero shows another photo of the fire ravaged house.
Friday May 10, 2013 2:35 
2:39
2:35 p.m. From the stairs Kirchner could still hear screaming (the stairs are exterior). "The flames were shooting out, the windows were all popping." "When I got to the bottom of the stairs I couldnt hear any more voices."
Vottero shows photo of smoke pouring out the house at 17 Fair.
Kirchner told dispatch there was no way to get into the house. Meanwhile the power lines were dropping. He evacuated the house next door.
Vottero done. No questions from defense.
Friday May 10, 2013 2:39 
2:46
2:39 p.m. Vottero calls Matthew Marchand of the Northampton Fire Department. He was in a Fire Department ambulance on Dec. 27. He was on a medical call when the 26 Union St. fire got called in. He was at the emergency room of the hospital (Cooley Dickinson) when 17 Fair got called in. His two-person unit responded to the Fair Street fire. When they arrived the front of the building was fully involved in flame. They were the first fire personnel to arrive.
Friday May 10, 2013 2:46 
2:52
2:46 p.m. Marchand was told there were two people trapped inside. They couldnt get in through the front because of the fire. They tried the exterior stairs but couldnt get all the way up. We didnt have a ladder to get in through the windows.
Vottero done. No questions from defense.
Friday May 10, 2013 2:52 
2:59
2:51 p.m. Vottero calls Dr. Andrew Sexton of the State Medical Examiner's Office. As a forensic pathologist he determines the cause and manner of people's deaths. On Dec. 30, 2009, he did the autopsy on Paul Yeskie, Sr. He determined the cause of death as asphyxia due to smoke inhalation. His carbon monoxide level was 33 percent, a fatal level. Yeskie had inhaled soot.
Friday May 10, 2013 2:59 
3:05
2:58 p.m. Dr. Sexton said there were burn injuries on Yeskie's hands and arms and legs. He also did an autopsy on Paul Yeskie, Jr. Sexton determined that the younger Yeskie also died from asphyxia. His carbon monoxide level was 66 percent. He had burns on his face, neck, hand, arm and legs. Sexton cant say of the burns were suffered before or after death. Sexton determined that the manner of death was homicide.
No questions from the defense.
Friday May 10, 2013 3:05 
3:06
3:04 p.m. Vottero calls State Trooper Michael Mazza. Mazza was one of the two troopers who interrogated Baye for 10 hours on Jan. 4, 2010. Baye admitted during that interview to setting some of the fires but the interview was through out by the Supreme Judicial Court, which ruled that police overstepped the boundaries of acceptable interrogation.
Friday May 10, 2013 3:06 
3:09
3:06 p.m. Mazza faces the jury when he testifies. He has investigated fires for 24 years. The judge has ruled that Mazza cannot offer his expert opinion that one person is responsible for some 27 fires Baye was indicted for. The judge has separated all but the 15 Dec. 27 fires from this trial.
Friday May 10, 2013 3:09 
3:15
3:09 p.m. Vottero asks Mazza if he conducted and origin investigation of the 17 Fair St. fire. Mazza describes the scene when he arrived-- fire trucks, police, etc. He talked to Elaine Yeskie and Carol Lapointe at the scene, spoke with several fire fighters. Mazza learned there were still people inside. He looked inside the building as best he could. He climbed some buckets, looked inside the window, saw what looked like bodies. Vottero shows a photo looking into the house. It shows the fire-scarred interior.
Friday May 10, 2013 3:15 
3:21
3:14 p.m. Vottero show a photo. Mazza points out the leg of a body in the charred bathroom. They had to cut away part of the wall to get the bodies out. Mazza points out a screen he says was removed while the fire was going (presumably by the Yeskies in the hope of escape). Mazza found the body seating on the floor against the bathroom vanity. They found a second body lying on the floor between the first body and the shower stall.
Friday May 10, 2013 3:21 
3:25
3:20 p.m. The jurors are on the edge of their seats as Mazza points out the locations of the bodies. Mazza determined that the 17 Fair St. fire originated on the front porch. It was started by application of an open flame to the available materials on the porch, he says.
Friday May 10, 2013 3:25 
3:29
3:24 p.m. Mazza uses photos to illustrate the course of the fire.
Friday May 10, 2013 3:29 
3:35
3:28 p.m. Mazza says the fire began towards the right of the front porch door. He talks about the three vehicles that were burned next to 17 Fair St. Vottero done. Noe questions from defense. The judge is talking to the lawyers at sidebar.
Friday May 10, 2013 3:35 
3:36
3:35 p.m. Sweeney is adjourning. They have moved through all of today's scheduled witnesses. We will resume our live coverage on Monday.
Friday May 10, 2013 3:36 
 
 Writer: MassLive.com
 
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