This month’s jury trial for a Dolores man charged with arson in connection to the Roatcap Fire has been postponed until December.
Facing a single count of fourth degree arson, Roger Stratton, 54, was scheduled to face a jury starting Aug. 19. On Monday, District Court Judge Todd Plewe continued the trial to Dec. 2, allowing public defender Amy Smith additional time to examine newly acquired discovery documents.
At a motions hearing held July 26, Smith argued her request for disclosure of information used to endorse the prosecution’s chief witness as an expert had yet to be filled.
The material in question, NFPA 921: Guide for Fire and Explosion Investigations, is a 600-plus page book that sets the bar for scientific-based investigation and analysis of fire and explosion incidents. The book is considered the foremost guide for rendering accurate opinions as to incident origin, cause, responsibility and prevention of fires.
Smith said she filed her discovery notice in April, and argued the delay has hampered her ability to effectively counsel her client.
“I have filed two motions for the same information,” she told Plewe last month. “I’ve never had issues like I have in this case.”
District Attorney Will Furse responded, citing the guidebook is available for public purchase from a number of online vendors. He added the only copy of the guidebook his office had access to is a personal copy belonging to the witness.
Smith also argued for sanctions in the case, citing the district attorney’s “willful and negligent” actions. She specifically called for charges to be reduced against her client, additional flexibility during the voir dire process and a reduction in time allotted for the prosecution’s closing arguments.
Plewe said he did not find any evidence that the district attorney’s office had willfully disregarded full disclosure in regard to the material.
“Due to the voluminous nature of the documents, I am willing to offer a continuance of the trial,” said Plewe.
Stratton’s pending class four felony charge stems from a fire he allegedly caused on his property near Dolores on Oct. 24, 2012, which consumed approximately 400 acres.
