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Jury Shown Second Interrogation Video and New Surveillance
Footage in Day 7 of Exford Trial
Published: March 15, 2022
By: Nick
Altmire
Jurors were shown additional surveillance video from
the State Farm building today in the Shawn L. Exford trial, showing a
zoomed in view where a glow can be seen in the entryway as Mr. Exford exits
the building in the center.
Lowville, NY- The Shawn L.
Exford trial entered day 7 today, with the jury spending much of the day watching
more interrogation video and new surveillance video from the night of the
fatal fire on November 30, 2019, that Mr. Exford is accused of
intentionally starting. Two women died in the fire, Catherine Crego and Saratina Kilbourne.
The trial resumed
just after 9 o’clock this morning, with Jacob Byron, a New York State
Police investigator that interviewed Mr. Exford on two occasions in the
days following the fire still under cross-examination from his testimony
yesterday.
When jurors left
for the day on Monday, they had just completed viewing the first police
interview with Mr. Exford, conducted on December 1, 2019, in its entirety.
This morning opened with defense attorney John Hallett entering the second police
interview of Mr. Exford, conducted on December 12, 2019, which was then
played in its entirety for the jury. The video totaled just over two hours.
Through the
course of the interrogation the investigators, Mr. Byron and his partner Timothy
Dougherty, question Mr. Exford about any rumors he’s heard about the fire
since they first spoke with him on December 1. They ask him to again recount
the events of the evening, focusing on when he leaves the building at the
time the fire can first be seen on surveillance video.
At one point the
investigators tell Mr. Exford that they’ve heard that he wasn’t even
supposed to be in the building. Mr. Exford tells them that at one point the
landlord of the property “put out a list” of people not allowed in the
building, but that only lasted a few weeks. He said he was on the list due
to a previous altercation at the property that resulted
in a police response. Mr. Exford said that Ms. Crego
had even let him stay in her spare bedroom for a short time when he was having
problems with his girlfriend.
Investigators
talk with Mr. Exford about his mental health history in addition to his
drug use and criminal record. They ask Mr. Exford about the drinking habits
of both Ms. Crego and the person that was able to
escape the fire, Brian Mushtare. He’s asked if he
thinks their level of intoxication impeded their ability to escape the
building. Mr. Exford agrees and responds he’s mad about that, he can’t
understand why Ms. Crego wasn’t able to get out.
After having Mr.
Exford again describe the events just prior to the fire, the investigators
then change tactics. They tell Mr. Exford that their investigation leads
them to believe he set the fire. “Oh my God,” Mr. Exford responds, “I
wouldn’t do that.” The investigators tell him that they know the fire was
there when he is in the entryway prior to leaving. “You either did it on
purpose or by mistake,” they tell him.
Mr. Exford
maintains throughout the interrogation that he never starts a fire and does
not notice any fire when he leaves. The investigators tell Mr. Exford that
if he started the fire accidentally they can help
him. He still insists he didn’t start a fire. They ask if it started as a
prank or joke, he continues to deny any knowledge of the fire starting.
Jurors finished
watching the second interrogation video at 11:35 a.m.
The prosecution
then called Dr. Frank Padula, supervisor of trace
evidence at the New York State Police forensic investigation center in
Albany, as the next witness. Mr. Padula testified
that he tested Mr. Exford’s shoes and jacket for any trace of ignitable
liquid residue, with none found. Mr. Padula’s
testimony concluded at 11:54 a.m., with the trial taking a recess for
lunch.
The trial resumed
at 1:20 p.m., with New York State Police investigator Timothy Dougherty
taking the stand. Lead prosecutor Caleb Petzoldt
then entered a larger portion of the State Farm surveillance video into
evidence. Jurors were previously shown the video from just before Mr.
Exford is seen exiting the building at 11:43 p.m. on the night of the fire,
through the time the first fire units arrive on scene.
In the video
shown this afternoon, jurors were shown a larger portion of the video,
beginning at 11 p.m. on the night of the fire, to see any “comings and
goings” at the building prior to the fire. Mr. Exford is scene exiting the
building at 11:12 p.m., followed about 30 seconds late by Ms. Kilbourne. At
11:19 p.m. both are seen returning after going to the Sunoco store just
down the street. The next time anyone is seen leaving or entering the
building is when Mr. Exford leaves at 11:43 p.m. as the fire starts.
Jurors were then
shown a series of new surveillance videos obtained from a location a little
further down the street and from surveillance cameras at the Sunoco store,
showing Mr. Exford and Ms. Kilbourne walking to the Sunoco store,
purchasing alcohol, and walking back to the apartment building. These
videos also show Mr. Exford returning at 11:53 p.m., about ten minutes
after he leaves at 11:43 p.m. to go get movies from his apartment.
Recess for the
afternoon break was called just after 3 o’clock, with the trial resuming at
3:20 p.m. Jurors were then informed by Mr. Petzoldt
that the State Farm building actually has three different
camera views. Jurors were then shown a series of clips from each of the
three viewpoints from the time Mr. Exford exits the building at 11:43. Mr.
Dougherty testifies that the cameras had a zoom feature and jurors were
then shown zoomed in clips of Mr. Exford leaving the building and the glow
of the beginnings of the fire in the entrance hallway.
The prosecution
finished with Mr. Dougherty’s testimony at 3:30 p.m. Mr. Hallett then requested
some time to prepare his cross-examination. Presiding Judge Daniel R. King
called a recess for the afternoon, telling jurors testimony would resume at
10 a.m. on Wednesday.
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