I have been an investigator with the Major Crime Unit for the past 7 years, duringwhich time I have been involved in over 100 death investigations. I have been a full timecertified New Hampshire Police Officer for 18 years. I graduated trom the NewHampshire Police Recruit Academy and have attended numerous advanced Policecourses in Homicide investigation, to include Vernon Geberth's Practical HomicideInvestigation School and Advanced Death Investigation School. I am a certified PolicePolygraphist through the Pennsylvania State Police and North East CounterdrugPolygraph School.

The factual basis for the issuance of the warrant is based upon information obtainedfrom my own personal knowledge, observations, beliefs, and training and experience andthe experience of other law enforcement officials assigned to this investigation asoutlined below. In addition to reviewing police reports and other investigativeinformation in the case, beginning in January 2010, I and other members of the NewHampshire State Police Cold Case Unit have reinterviewed most of the witnesses whowere interviewed as part of the original investigation.

1) I reviewed reports of Keene police and fire officials who responded to the scene of afire on January 14, 1989. From those reports I learned the following information:

a) Keene Police Department received a call that there was a fire at 88 High Street inKeene on February 14, 1989. Keene police officers were the first responders onscene at 2:27 a.m. Ptlm. Joseph Collins learned from residents on the street thatpeople may still be in the house. He entered the house and searched apartment #8but was overcome by smoke and could not search apartment # 4. The door to apt.#4 was open and Ofr. Collins tried to enter the apartment but was overcome bysmoke. He yelled "police officer, is there anybody in here," but got no response.

b) Officers outside at the scene informed firefighters that they believed that allresidents had been safely removed from the building. However, as fire fightersentered the second floor to fight the fire, they entered apartment #4 and locatedCarl Hilla (DOB 7/13/1939) and his wife Lori Hina (DOB 3/2/1962). In theapartment fire fighters also located Carl's 12-year-old daughter Sara lIina (DOB1/26/1976) and Carl and Lori's 4-month-old baby Lillian I-lina (DOB 9/19/1988).All four members of the family were non-responsive. Lori I-Iina and the two

.children were transported to Cheshire Medical Center. After initial attempts torevive Lori, Sara, and Lillian, all three victims were declared dead at the hospital.Dr. Charles Schofield responded to 88 High Street and pronounced Carl Hinadead at the scene.

2) All of the witness statements and other evidence in the ease indicates that the firebegan in apartment #6, which is where Sandra Walker lived and was located on thesecond floor of 88 High Street down the hall from the Hina family. Within minutesof the tire, residents and visitors at 88 High Street were gathered outside the building.Don Abrams, a visitor at 88 High Street, or one of the other residents, asked Walker"What happened? Did you fall asleep with a cigarette?" Walker responded, "1guess so."

3) Sandra Walker, who is now deceased, was interviewed several times by investigatorsabout the origin of the fire. At least two of these interviews were videotaped. Thefollowing is a summary of each of Walker's interviews:

a) Walker was interviewed at approximately 10:00 a.m. on January 14, 1989. Thedetective who interviewed her described her as "hung over" at the time of theinterview. She stated that she had been drinking heavily earlier in the night onJanuary 13, 1989, and went home some time prior to midnight and went to sleep.She statcd she woke up to find her bed and wall to be engulfed in flames. WhenWalker realized that she could not put out the fire alerted hcr stepbrother BruceKennedy, who was in the apartment next door, and left the building through thefire eseape in her stepbrother's apartment. When Walker was asked if a gasheater could have been the souree of the fire, she responded that she "assume[ d]"that she fell asleep with a cigarette.

b) Latcr that same morning after the Fire Marshall investigator Thomas Nortonrcached a preliminary conclusion that the fire appeared to have started on a couchat the foot of Walker's bed, the detecti ve called Walker and asked her if she hadbeen smoking on the couch before she fell asleep. Walker stated she had beensitting on the couch smoking a cigarette before she went to sleep and that therewas an ash tray on the floor in front of the couch.

c) Del. McLellan interviewed Walker again on January 16, 1989, to ask moredetailed questions about her observations of the fire. Walker stated that when shewoke up she observed flames on her mattress and the inside wall next to her bed.She said she did not see any other flames. Walker tried to put out the flames onher mattress but could not. Walker stated that the ashtray she used when smokingwas on the floor between the bed and the couch so that she could reach it fromeither location. There was a shag rug on the floor in the apartment. Walker alsoshowed Det. McLellan a blister, which she said was a burn, the size of a smalleraser on the middle finger of the right hand.

d) On January 19, 1989, the police re-interviewed Walker in light or newinformation that David McLeod (DaB 1/14/1956) may have been responsibl~for sta11ing the fire. Walker told the police the following information during thatinterview:

i) She went to a party at Ed Bussieres in the late afternoon and hung out with thepeople there. She had a few drinks there. She stayed until about 8:00 or 9:00p.m. when she left to visit Linda Colburn. She had some Sarnbuca to drink atColburn's and left because Colburn told her to go home and go to bed. By

this point, Walker was "pretty buzzed." She had had more to drink than usual.This was between 11:00 p.m. and 12:00 a.m.

ii) She entered her apartment and unlocked the door with her key because theapaliment was locked. But when she got into the apartment, she is not surewhether she locked the door again. She would also leave the window by thefire escape open because it was difficult to regulate the heat in the apartment.Anyone could come up the fire escape and come into Wanda's apartment.

iii) Walker got ready for bed right away. She assumes she sat down on the couchto take off her pants because she remembered seeing her pants at the end ofthe couch when she first noticed the flames after she woke up. She said thatwhen she got home from Colburn's she "passed out" pretty quickly.

iv) Walker told the police that she had no specific memory of smoking or evenlighting a cigarette in her apartment when she came home from LindaColburn's on January 13th

. She stated that she assumed that she wasresponsible for the fire because the fire had started in her apartment, she hadbeen drinking, and everyone was accusing her of starting the fire. During thevideotaped interview, Walker showed the police a burn on her middle fingerof her right hand. The burn is about half-way down the finger. She had nomemory of when or how she got that burn.

v) She woke up and saw the flames but has no idea what caused her to wake up.She tried to pat the flames out with her bare hands but they were in alldifferent spots. It caused the flames to get bigger as if she was fanning theflames. She jumped up and started screaming and pounded on the wall to theapartment next to her. She ran to the bathroom to get water. When she turnedaround there were flames everywhere and she realized that she couldn't putthem out so she left and warned the other residents.

vi) She went into the hallway and started screaming. Her stepbrother Bruce cameout of an apartment across from the Hina's apartment. She then fled from thebuilding and went to Aurea Parker's apartment across the street.

e) On January 21, 1989, Sandra Walker was interviewed a fourth time on video inthe presence of Fire Marshall investigator Tom Norton and AAG Peter Beeson.Using a diagram on a whiteboard, Walker narrated and marked her differentactions and observations. Her account ofthe fire and her actions is largelyconsistent with her interview on January 19, 1989. She did say that her eyes werenot burning and the room was not smoke-filled when she stood up after firstnoticing the flames. She was not coughing or choking. She also did not feel anyintense heat when she stood up. She noted that the smoke detector started to gooff after she opened her door and went into the hallway.

4) Linda Colburn provided the police the following information: S~lndyWalker hadspent the evening of January 13th with Linda Colburn. Walker arrived at Colburn'sapartment around 9:30 on January 13th

. When Walker arrived, she had a "minor buzzon." (In a later interview Colburn said that Sandy was "drunk" when she arrived at

her apartment.) Walker consumed one drink of Sambuca at Colburn's apartment.Colburn told Walker to leave around 10:45 p.m. when Colburn wanted to go to bed.Walker seemed as if she could walk alright when she left Colburn's. However, on theway out the door, Walker knocked the ash off of Colburn's cigarette and burned ahole in Colburn's carpet. Colburn's bedroom was directly across the street from 88High Street (approximately 300 feet away). She woke up around 2:15 a.m. to thenoise of break glass and someone yelling "fire." The fire department did not arriveuntil a considerable amount of time later.

5) At the time the fire broke out, several people were attending a social gathering in EdBussieres's apartment located on the first floor of 88 High Street. Ed Bussieres was along-time resident of 88 IIigh Street and considered the de facto property manager.Several of the people at Bussieres's apaI1ment were drinking and or smokingmarijuana.

6) Donald Abrams was one ofthe guests at Ed Bussieres's apartment. Abrams looked atthe clock at 2:00 a.m. when he heard a smoke detector go off. At the SaIne time heheard a lot of stomping upstairs. At first he assumed that the smoke detector went offbecause someone was smoking. When other residents went outside and said therewas a fire, Abrams checked for himself and then wcnl back inside and call the police.

7) Elisabeth LaCourse, one of the residenls ufthe second floor of 88 High Street, openedthe door to the Hina's apa11ment aflt:r the fire broke out. The 12-year-old girl, SaraHina, met LaCourse at the door. LaCourse grabbed the girl by the hand to lead herout of the building. Sara pulled away and retreated in the apartment. LaCourse triedto grab Sara again but LaCourse was having difficulty breathing so LaCourse fled theapartment.

8) After Don Abrams called the police, he went outside and watched the fire. He hearda window break and saw glass fall. He then heard someone say there was a babyinside. Abrams stood under the window with his jacket as a sling and yelling tojump, expecting someone to throw the baby. He could not see anything except smokecoming from the broken window. He and other residents climbed onto anoverhanging roof and attempted to rescue the Hinas but he could not reach thewindow.

9) From the photographs and descriptions in the reports of the physical evidence in thellina apartment, it appeared that after Sara retreated into the apartment after she brokeaway from Betty LaCourse. After this, some object appeared to have been throwntlu·ough the window but got stuck in the curtains. It appears that that Carl Hina triedto hreak the window to escape but became overcome with smoke. The baby LillianHina was ultimatdy fOlllld in her car scat near the window afthut room in the Hinaapartment. Carl Hina and Sara Hina were also found in that room. Lori Hina wasfound in the kitchen.

10) Pire investigators from both Keene Fire Department (KFD) and the Fire Marshall'sOffice responded to the scene and within a short time after the fire was extinguishedbegan to investigate the cause and origin of the fire. KFD quickly took steps topreserve the origin of the fire in order to allow the arson investigators and the Fire

Marshall's Office to investigate the scene. Photographs and video was taken of thehouse within hours of the fire having been extinguished. Fire investigators initiallydetermined that the origin of the fire appeared to be a couch in Sandra Walker'sapartment, which was apt. #6. Because an ash tray was located on the floor near theheaviest burn patterns on the couch, KFD arson investigators reached a preliminaryconclusion on the morning of January 14th that the fire was accidentally caused bysmoking materials.

11) On January 16, 1989, the Keene Police and Fire Departments and the Fire Marshall'sOffice issued a press release indicating that there was "probable cause" for the firebeing caused by smoking materials in Walker's apartment. These conclusions werereported in the local media.

12) At about 10:30 p.m. on January 16, 1989, Keene Police Ofr. Bill Sargent, who is nowdeceased, received a call from dispatch that Danny Castor requested to talk to Sargentand only Sargent. Sargent met with Castor also and Castor told him that he hadinformation about the cause of the fire but was adamant that he wanted to remainconfidential. Castor told Sargent that he was at Kurt Frazier's house with DavidMcLeod, Bonnie Faulkner, and K1ll1Frazier on the night of January 13, 1989. Castorsaid that McLeod was drunk and high on cocaine and was upset at his ex-girlfriendWanda Winchester (Ford), who lived at 88 High Street. McLeod was upset becauseWanda was having sex with other men who lived at 88 High Street. McLeod thenlaid Castor and the others that he (McLeod) should set the house on fire. Castor latcrlearned from Kurt frazicr that McLeod left Frazier's apartment and returned sometime later that night. Frazier told Castor that McLeod told him that he lit 88 HighStreet on fire by entering Sandy Walker's apartment because her door was open.frazier related to Castor that McLeod was excited about having lit the house on fire.McLeod left and returned to Frazier's again. This time McLeod went back to watchthe fire at 88 High Street and had some altercation with the police or fire fightersoutside the house.

13) That same night, Danny Castor agreed to conduct a videotaped interview at KPD. Inthat interview Castor provided the following information:

a) He stated that he was hanging out with Kurt Frazier and Bonnie Faulkner whenMcLeod showed up. Castor had known McLeod for years and was friends withhim and could tell that something was wrong with him because of the way he wasacting. Castor suspected the McLeod was on cocaine because his eyes werebulging and Castor had experience with cocaine. During the course of theconversation, McLeod made statements about wanting to burn down "the Hilton"-- McLeod's name for 88 High Street. Castor staled he (Castor) would change thesubject because he did not want to talk to McLeod about that. Castor claimed thathe tried not to pay attention to McLeod's statements. Eventua]]y Castor andMcLeod left Frazier and Faulkner. Castor and McLeod went to 88 High Street.Castor wanted to visit Wanda Ford and Samly Walker but Walker was not thcrcso Castor left after about 10 minutes.

b) Castor stated that he was home on Saturday morning when Frazier and faulknercame over and told him that McLeod returned to their apartment around 2:30 a.m.

Frazier told Castor that McLeod told him that he had set fire to Sandy'sapartment. Frazier told Castor that McLeod was laughing and saying, "you oughtto see them people." Castor stated that McLeod had told Frazier more detailsahout his intentions hefore the fire and afterward. On Saturday morning whenFrazier and Faulkner were telling Castor about McLeod's statements, they were"scared shitless" and "truly believed [McLeod] set the fire."

c) As Castor, Faulkner, and Frazier were discussing McLeod's behavior and whatthey were going to do, Castor noticed McLeod arrived and had been listening tothcir conversation. Castor was very upset with McLeod and asked him why hedid it. McLeod did not respond.

c1) In the time before the fire, Castor had been with McLeod and Wanda Forddrinking when McLeod talked about how the "Hilton" was a dump and he didn'tlike the people. He referred to the people who lived there as "mullets" and "rats."

e) Castor told the police that his conscience had been bothering him about McLeod'sstatements because Castor had children of his own and knew the Hinas. He alsoconsidered McLeod a good friend so Castor was very reluctant to come forward.

14) On January 17, 1989, Ofr. Sargent received a call from Bonnie Faulkner who alsowanted to talk to him alone and was concemed about coming forward withinformation. Faulkner related that she had information that David McLeod set thelire at 88 High Street. Sargent interviewed Faulkner on the evening of January 17.

a) Faulkner was dating KUlt Frazier at the time. She stated that on friday, January13th

, she, Frazier, Danny Castor and David McLeod were hanging out at Frazier'sapartment, which was a short distance from 88 High St. McLeod was drunk andagitated. He talked about blowing the "whorehouse" and blowing up the "Hilton"-- McLeod's name for 88 High Street. He talked about using gas. He also saidsomething to the effect, that it was Friday the 13th and Freddy i:; back and that itwould be a nightmare on High Street. Faulkner and Frazier went to bed aroundI 1 p.m. and Castor and McLeod left.

b) McLeod returned to Frazier's apartment between 2:30 and 3:30 a.m. and wokeFaulkner and Frazier up. McLeod was acting crazy and "wild eyed." He said, "Idid it, Itorched the whorehouse. Itorched the Hilton. Yeah, it's really cooking."He was talking about how everyone at 88 High Street was homeless. McLeodtold Frazier and Faulkner that he started the fire in "Sandy's room." Faulknerheard McLeod say that Sandy's door was open. McLeod said something to theeffect that Sandy wasn't home or in at the time he started the fire. Faulkner alsostated that she did not personally know Sandy Walk<;;r,but later learned that h<.:rapartment was direct ahove Wandu Ford's apartment. Faulkner also stated thatSandy Walker was not friends with Frazier or Castor either. McLeod left afterabout 15 minutes and because Frazier and Faulkner did not hear the fire alarmsfrom the Ere station next door they thought that McLeod was l11i1kingit up at thattime.

c) Faulkner found out about the fire around 6:00 a.m. on January 141h. McLeod

returned to the apartment and was babbling. Frazier left to get coffee and whenhe returned he confirmed the fire and learned that 4 people had died. Frazieraccused McLeod of murder and kicked him out of the apartment. He was veryupset and screaming at McLeod how he killed four people in the fire. McLeodresponded, "I didn't do it Kurt, I didn't set the fire Kurt." Kurt was hysterical andscreamed back at McLeod, "You did, you said you did, and there's four peopledead, and that place is burnt." McLeod just responded, "OK, l' llieave."Faulkner told the police that she, Frazier, and Castor were all convinced thatMcLeod had started the fire until they read in the paper a few days later that thefire started by a cigarette.

d) After this exchange between McLeod and Frazier, Frazier and Faulkner talkedand cried and then went out for breakfast where thcy ran into people [rom 88High Street. They then went over to Danny Castor's apaltment to talk to himabout the events of the night before. While they were talking about what theywere going to do about McLeod's admissions, McLeod had entered Castor'sapartment and was standing there listening to the other three without theirknowledge. McLeod finally said, "I'm SOlTY for how I acted at your housc, but Ididn't really do it." McLcod then offered some explanation for his whereaboutsand claimcd he never Idt Ed Bussieres's apartment except to urinate. McLeodsaid at one point that he never saw Wanda Ford that night. Castor told McLeodthat was not true because Castor had been at ford's apartment that night withMcLeod after they Idt Frazier's.

e) Faulkncr told the police that she believed that McLeod was upset with Wandaford. He was also upset at the other people at gg High Slreet because they wouldbeat him up from time to time.

t) Faulkner told the police that on January l6lh, she, Frazier, and Castor talked aboutwhat to do. They were concemed about coming forward and ruining McLeod'slife ifit was just a coincidence. Finally, she decided to come forward because shewas convinced McLeod started the fire.

g) Although both Frazier and Castor had been drinking on Friday, January 13th whenMcLeod talked about burning down 88 IIigh Street, Faulkner stated that she hadonly consumed 3-4 beers in the course of2-3 hours. She stated that Frazier was"completely sober." Castor, on the other hand, had consumed more beer.McLeod was completely dnm_k. After Faulkner related this information tu Ofr.Sargent, she agreed to do a videotaped interview, which was completed that samenight.

15) Hasl.:u all the information provided by Castor and Faulkner the Keene polict: bcgan toreinterview witnesses about the events of January 13-14.

16) P.d Bussicres told the police that on January 13, an informal gathering occurred at hisapaItment at 88 High Street. There were ahout 12-14 people at the pmty during thecourse of the evening, many of whom came or went over the course 0r the evening.Sandy Walker was at the party and left around 8:00 p.m. to go to Linda Colburn's

home. She was not intoxicated at that time. David McLeod arrived at some point andstayed until the tire sta11ed. Dussieres remembered that McLeod came and went fromthe apartment 4-5 times bdore the iin:. Bussieres relatcd that McLeod was not reallyfriends with any ofthe people at gX High Street. Many peoplcjust tolerated him butfound him obnoxious and annoying. After the fire was discovered, McLeod wasbeing obnoxious to the police. McLeod was joking about the fire. Bussiercs statedthat he punched McLeod a few times to get his attention and force him to complywith the police officer's commands.

17) Judy MacDonald was at Bussieres's paliy. According to her statement to the Kecnepolice, she had little to drink and was one of the most sobcr persons there that night.She saw David McLeod show up at Bussieres's some time around midnight. Just afew minutes earlier, McLeod was interfering with a dart game that the other residentswere playing. When he walked in front of the dart board he was wearing his outdoorcoat. She noticed that McLeod was wearing his jacket in the apartment which wasodd because it was so hot in there. When McLeod walked in front of the board, DonAbrams told him to get out of the way or he was going to hit him in the head with thedart.

1g) At about 2: 10 to 2: 15 a.m. Judy MacDonald heard the smoke detector beepingupstairs. Atiirst she thought it was an alarm clock and asked Bussieres what it was.Bussiercs told Wailda Ford to check on it. She then heard people running aroundupstairs and heard glass breaking. Then Bussieres announced there was a fire andeveryone needed to get out. MacDonald left in her car and returned a short whilelater. She saw McLeod outside and heard him make some comment about how hethought the fire was tlumy. A number of residents were upset at McLeod because ofhis attitude toward the fire.

19) Aurea Parker, who lived across from 88 High Street, came home from work at about2: 10 a.m. When she arrived there was no fire and everything in the neighborhoodseemed calm. She sat down in her apaltment and could see out toward 88 High Street.She saw two vehicles leave 88 High Street. About 3 minutes later she saw flames(and not just a glow) coming from Sandra Walker's apartment. She ran outside andsaw David McLeod on the street watching the fire. He stated sarcastically, "Too badabout the fire." Parker then returned to her apartment where various residents fi'om88 High Street gathered, including McLeod and Sandra Walker. McLeod was drunkand Walker appeared to be mildly drunk.

20) A number of people who lived at or around 88 High Street observed McLeod out onthe street watching the building burn and heard him make comments about the tire.

a) McLeod approached Robert Lallx and said to him, "1 did a pretty good job" asMcLl:od watched the fire. McLeod was drunk and also mumhling about howpeople wanted to ki II him.

b) Elisabeth LaCourse, another resident of 88 High Street, saw McLeod out on thestreet while the fire was burning. He said to her, "Do you think Idid a good job?"and "Did Ido it up right'?" He was intoxicated allhis point hut he did not appearto be joking. He also said to r .aCoursc, "How does it feel to be out in the cold

now? You should call your insurance company." He was being an "obnoxiousasshole" when he made these comml:nts. LaCourse also told the police that shehad had a conversation with McLeod during the summer of 1988 when herTll:rJtionedburning down RRHigh Street. This occurrl:d after McLeod had brokenLIpwith Wanda Ford.

c) Donald Abrams saw McLeod at an apartment across the street after the firedepartment arrived. Mcl.eod said to him, "I guess 1fixed them yahoos. 1did itgood." Donald Abrams did not take McLeod seriously because everyoneassumed that Sandy Walker had started the fire by falling asleep with a cigarette.While the building was burning, McLeod was being obnoxious and callingevcryone from 88 High Street "yahoos."

d) Bruce Kennedy heard McLeod afterward say, "I really started that onc good."He was upset at McLeod and told him to shut up because that was a sick joke. Hedid not initially believe McLeod stmied the fire when McLeod made thesecomments because Kennedy assumed that Walker had fallen asleep with acigarette and that caused the fire. Like others, Kennedy has heard McLeod referto the residenls of 88 High Street as "yahoos."

e) Linda CoIbut11saw McLeod after the fire started. She heard him say, "let it burn"and "why is everyone mad at me?"

t) McLeod said to Wanda ford, "Didn't 1do a good job, just let the fucking holebUt11." He then tUl1lcd to Wanda Ford and Betty LaCourse and said, "you bettergo to your insurance agency in the morning" and started laughing.

g) Bruce Walker, who is now deceased, also saw McLeod after the fire started ,mdMcLeod said to him, "I did it good," referring to the fire. lie also said somethingto the effect, "I guess 1 showed them." lIe was making "dumb ass" commentsindicating that he had started the tire and would not shut up about it. lIe wouldti'cquently refer to the residents of 88 High Street as "yahoos."

21) Diane Buckley informed the police that around 6:30 a.m. on January 14th, she stopped

at 88 High Street to see what happened to the building because she knew several ofthe residents. Buckley entered Ed 13ussieres's apartment looking for police or firefighters to find out who had died in the fire. When she entered Bussieres's apaltment,she saw David McLeod, who she knew. He was watching television and drinking abeer. She asked McLeod what happened and he said, "a lot of shit went down." Shethen asked him who died in the fire. He responded, "what do you mean, who died?"Based on M\;Leod's demeanor, 13uckley believed that McLeod was unaware until thatpoint that anyone had died in the fire He then stated, "If anybody died, I'm gonna bepissed" McLeod then said, "that will mean it was Sandy because thl: lire stUited inSandy's." Buckley asked McLeod where Don Abrams was and McLeod respondedthat he was with Wanda Ford. McLeod was upset about how his down jacket wasruined by the water from the fire fighting efforts. McLeod then said that the firc hadbeen mishandled, it should never have gotten out of hand beL:uusepeople should havetried to put it oul before they called the fire department. McLeod was gigglingthroughout this conversation. McLeod then talked about old times and growing up in

Keene and hI;:was acting stl'angely. Buckley turned to leave Wht:Ilshe wasconfronted hy a police officer who asked her what they were doing in the building.

22) OfT. Buucher intercepted Ruckll;y and McLeod leaving XXHigh Street as he (lrJd theother olficers were putting up crime scene tape. McLeod was not wearing ajackct.He told Boucher that at the time of the fire he was drunk and still was. McLeod washolding a can or beer, which he said he got from Bussieres's apartment. Off. Boucherlet MeT,eod leave.

23) During the investigation, the police learned more about the relationship betweenMcLcod and Wanda Ford. David McLeod had dated Wanda Ford for about 6 yearsand they lived tugcther at 88 High Street. Most of the other residents at 88 HighStreet did not like McLeod but tolerated him because he was dating Wanda.

24) Sometime in the summer of 1988, McLeod had an affair with another woman andWanda broke up with McLeod. McLeod tried to get back together with Wanda butshe would not take him back. McLeod became depressed and suicidal after the breakup with Wanda.

25) Nonetheless, McLeod and Wanda remained friends and she slept with McLeod onetime after their break up. McLeod would sleep at Wanda's apmiment at 88 HighStreet on several occasions after the break up but he was always reJt::gatedto sleepingon the floor. After McLeod and Wanda broke up, Wanda became fairly promiscuouswith other residents of 88 High Street. One time when McLeod slept on the floor atWanda's apattment, Wanda was in bed with Don Abrams, one of the residents at 88High Street she had a sexual relationship with. Wanda was aware that McLeodbecame "sick and tired" of her "pattying" with the other residents of 88 High Street.McLeod was also upset that she was having sex with one of his best friends.

20) Some time during the summer of 191\8, McLeod was present at a gathering outside of88 High Street. J Ie told Wanda Furd that he would like to see 88 High Street burn sothat she could do better for herself.

27) About 2-3 weeks before the fire McLeod asked Wanda, "do you have any personalbelongings in the barn that you would like to save?" Wanda asked him what hemeant. McLeod responded, "you know those two blankets you have out on theclothesline, if they mean anything to you, you'd better bring them in because theydefinitely can start a fire, real quick." Wanda asked him what he meant by that.McLeod responded, "well, I'm going to go out in the barn and I'm gonna start a firethere, and once 1get that on fire, I'm gonna go to your apartment and you're gom1a,your apartment is going to be next." Wanda asked him why he would do that. Heresponded, with words to the effect "because Twant to see you burn in hell bitch" or"I'm going to burn you out bitch, I'm going to burn you to hell." lIe then leftWanda's apartment and went out to the barn. She was so worried that he would do itthat she followed him. Wanda explained that when he made these statements, he wasupset bc<;ausc she would nut let him sleep at her apmtment. She said on otheroccasions when she refused to let him sleep at her apaltment, he would sleep in thebarn at 88 High Street.

2~) In other interviews, Wanda said that she did not take McLeod seriously because hewas drunk when he made these kinds of stat~ments. She said did not think M<:Leodcould start the fire. She did not take him seriously when he threatened to hurn herand the house.

29) On Friday, January 13, 1989, McLeod stopped by Wanda l'onl's apal1ment at 88High Street in the mid-afternoon. He was mildly buzzed at that point. He startedasking Wanda about who she was having sex with at 88 High Street. He wasneedling her to make Wanda upset. These comments, in fact, made Wanda veryupset. McLeod then left. Wanda next saw him around midnight or 12:30 a.m. onJanuary 14th at 88 High Street. By this point, he was extremely intoxicated andobnoxious. Wanda had told McLeod she needed him to stay out of her apat1ment sohe did not disturb her friend, who was sleeping in Wanda's apartment because thefriend was very sick.

30) In addition to the issues relating to Wanda Ford, McLeod did not like the otherresidents at 88 High Street and had gotten into physical confrontations with EdBussieres in the past. In fact the night of the fire, Bussieres pushed McLeod a fewtimes because he was being obnoxious. Around Christmas time 1988, McLeod wasvery drunk and obnoxious at Ed Blissieres's apartment. McLeod was giving DonAbrams a hard time. Finally, Abrams pushed McLeod, who fell down and knockeddown the Christmas tree and hit his head on the window sill. Bussieres told Wanda toremove him from the apartment. McLeod got away from her and continued afterAbrams. Blissieres grabbed McLeod and poked him in the throat 2-3 times beforeWanda removed him from the apartment. She then brought McLeod to her apartmentand left him there because he was so drunk. Abrams also stayed in the apartment andfell asleep. When she returned he had trashed her apartment and threw lit cigarettebutts around the room that left burn marks in her carpet. McLeod woke up around4:00 a.m. and was a real jerk to Wanda. Wanda ordered McLeod to leave. McLeodrefused to leave until Abrams left too. Wanda eventuaJly made both McLeod andAbrams leave her apartment.

31) Don Abrams told the police that about three weeks before the fire, McLeod was upsetwith Bussieres and Abrams. He positioned his hand and fingers like a gun andpointed it at both Bussicres and Abrams. He stated, "I am gonna take care of you twoguys" and then said "click, click .... boom, boom" as if he was simulated shootingthe two of them.

32) On Jnnumy 18, !989, the police went to McLeod's home in Marlow, NH. Keene Det.James McLaughlin introduced himself and asked McLeod if he would agree to anintc:rview about the fire at S8 High Street. Me! ,eod responded that he was there andagreed to go to Keene PO to be interviewed on videotape. McLeod was transportedto KPD by the detectives. During the trip, McLeod talked about his plans to movc toArizona to live with his sister. He said that he had already had a plane ticket booked.When they arrived at the station, McLeod mentioned tht: fire for the fir:!t time. Hesaid that "of all the yahoos who could have been killed, it was a shame the IIinaswen~ the ones to die."

33) When they arrived at the police station, Det. McLaughlin Mirandizcd McLeod and heagreed to waive his rights and speak to the police. The police conducted a videotapedinterview with McLeod that lasted approximately 1 hour. During that interview,McLeod related following to the police:

a) He said that on the evening of January 13, after he got dinner at a restaurant inKeene he bought a case of beer and went to visit friends on Elm Street. McLeodrefused to tell the police the name of the friend or where he lived on Elm Street,but it is clear from the context of McLeod's statement that he is referring to goingto Kurt Frazier's apartment. McLeod acknowledged he was hanging out withthrec friends but would only give the police the name of Danny Castor. Later inthe interview, McLeod began referring to "Kurt." Eventually, McLeodacknowledged that he was hanging out with Frazier that night. He stated he didnot want to mention Frazier's name because he was "a good friend" and did notwant to cause him problems by mentioning his name.

b) McLeod told the police that he went to high school with Castor and that "hisintegrity cannot bc questioned, except for excessive alcohoL" McLeod stated thatthat night Castor was only half intoxicated. McLeod described his own level ofintoxication as around a 0.15 hut that he was rational and knew what he was doingwhen he left Frazier's home.

c) McLeod told the police he left Frazier's apartment around 10:30 p.m. with Castorand they walked together to "the Hilton." When the police asked McLeod wherethat was, he confirmed it was 88 High Street and made a joke about how it iscalled that because they give out free soap and towels. McLeod said that "someyahoos" live there and mentioned Ed Bussieres. McLeod said he arrived atBussieres's around 10:30 or 11:00 p.m. and there were a number of people there,including Wanda Ford. McLeod left: Bussieres's apartment about ~ hour after hearrived to gel some more beer because he finished the case he had with him fromearlier in the night. McLeod claimed that he did not leave Bussieres's apartmentagain even to go out onto the porch until the fire broke out.

c..l) McLeod stated that when the fire broke out he told a police officer that theremight still be people in the building. McLeod claimed that he was concernedabout Carl Hina and his family because the rest of the "yahoos can get run overand damn near killed, and they glue them back together in 14 days they're outpaving driveways." McLeod claimed that the officer threatened to arrest him if hedid not leave the property immediately. McLeod said that he then went back tofrazier's apartment and woke Frazier and Faulkner up (although hestiII refused toname these individuals). McLeod claimed that Frazier already knew that fourpeople had died because he had heard it on the scalmer.

e) McLeod then stated he again left Frazier's apartment and went back toBussicres's apartment cwd entered 88 IIigh Street to get his coat. He was in thebuilding and grabbed a beer and his coat, which was soaking wet from the firefighting, so he sat down and started to watch TV. McLeod then said he ran intosome woman he knew from high school who was in the apartment too.Eventually he decided to leave Bussieres's apartment and on his way out he ran

into the police who were putting up crime scene tape. McLeod said he then left88 High Street and went back to Frazier's again.

f) McLeod acknowledged that he and Wanda dated about 4 12 years before t.heybroke up during the summer of 1988. McLeod was aware that she was dating anumber of people after they broke up but he claimed that he remained "best offriends" with Ford. McLeod also claimed that he was friends with everyone wholived at 88 High Street and had no animosity toward anyone in the building.McLeod did acknowledge getting into a fist fight one time with one of theresidents.

g) When the police confronted McLeod about how his story was inconsistent withinformation they had learned from others, McLeod acknowledged that a fewweeks before the fire he had had a disagreement with Wanda and threatened toburn her apartment down. McLeod also acknowledged that after the fire wasburning at 88 High Street on January 14th, Ed Bussieres came up to him on thestreet and punched him a couple of times and told McLeod to "stay out of it."McLeod claimed he did not know why Bussieres did that.

h) McLeod eventually acknowledged that when he went to Frazier's apartment, hetold "Kurt" that "I lit the Hilton." McLeod claimed that he was just kidding andwasn't aware that anyone was hlUt. McLeod said that he knew the fire started inSandy's apartment because he could see the names coming from there. He saidhe might have told Frazier that. Frazier responded by telling McLeod to leavebecause he did not want the police coming to his house. McLeod adamantlydenied that he made any statements to Frazier, Castor, or Faulkner aboutintending to burn the "Hilton" down before the fire started. McLeod also claimedhe was only joking when he told frazier that he lit the fire after it started.

i) During the course of the interview wit.h the police, McLeod stated that he knewthat Sandy Walker's apartment was directly above Wanda Ford's apartment. Healso knew that Sandy Walker always kept her door unlocked. I-Iealso told thepolice that he didn't realize that Sandy Walker was home that night.

j) After McLeod adamantly denied lighting the fire or making any statements beforethe fire to Frazier, Faulkner, or Castor, the police repeatedly told McLeod thatthey did not believe him and that he was lying. Even after the police told McLeodthat Castor had disclosed McLeod's statements about intending to burn 88 HighStreet before the fire started, McLeod continued to acknowledge that Castor washonest and would not lie. The police then asked McLeod how long he had beenusing cocaine. McLeod respondd by asking to consult with a lawyer and theinterview ended.

34) The Keene police learned from Wanda Ford that on January 22, 1989, McLeodcontacted ford and asked her whether she thought he started the fire. He said that hethought he would remember if he had done something like that but he wanted toknow what she thought because he had been drunk and she was sober that night. Shetold him that she didn't know if he did or not. He also said that he did not remembersaying some of things that people heard him say about the fire that night. McLeod

responded that ifhe had startcd the fire hc would have done it in Wanda's apartmentand he would have used gasoline to stm1 the whole room on fire. I Ie told Wanda thathe still had really deep feelings for her.

35) On January 23, 1989, the police learned that McLeod planned to leave NewHampshire and move to Arizona. Detectives McLaughlin and Parsclls visitedMcLeod at his parents' house that day. He was cordial. He told Det. McLaughlinthat he had consulted with Attorney Schweitzer after the interview but thatSchweitzer wanted a $50,000 retainer. Det. McLaughlin then asked McLeod whetherhe was willing to take a polygraph because McLeod had agreed to do that before heterminated the interview on January 18th. McLeod responded that he was scheduledto leave for Arizona on a plane that day. The police told McLeod that the polygraphwould not take long. McLeod said he wanted to consult with Attorney Schweitzer.Then said that he was not in the best frame of mind when he was interviewed on ]/18.He said that he had been drinking heavily on the night of the fire and was having ahard time recalling what took place. He said he had only had that experience oncebefore but never to the same extent as that night. McLeod said that he was notopposed to bt.::ingquestioned by the police but on 1/18 he felt that the questions were''t:rratie'' and he was shocked and upset by the tone of the interview. McLeod thentalked about his travel plans to Arizona and assured the detectives that he was notrunning away. He offered to leave contact information for Arizona. Det.McLaughlin suggested that McLeod delay his travel plans given the seriousness ofthis case. Later that day Attorney Schweitzer contacted Det. McLaughlin and toldhim that McLeod declined to take the polygraph and was leaving for Arizona.

36) According to witnesses interviewed by the Keene police in 1989, McLeod had beenplanning on moving to Arizona where his sister lived for about a year before the fire.He finally dcternlined that he was going to leave either in February or March 1989.However, within days after the fire, McLeod purchased a plane ticket and left NewHampshire. McLeod also disposed of his house in Marlow, NH by negotiating a rentto sell agreement with a friend of his. McLeod initially moved to Arizona andeventually to California, where he is currently residing. There is no evidence thatMcLeod ever returned to New Hampshire to live after the fire.

37) On January 18,1989, Kurt Frazier came to Keene Police Depm1ment but refused totalk to any law enforcement officers other than Cheshire County Deputy SheriffWilliam Daniels. Deputy Daniels was a close family friend of Frazier and had evenbeen in Frazier's wedding party. Deputy Daniels is now deceased. According to areport written by Deputy Daniels in 1989, frazier told Sheriff Daniels the following:1\ friend (he would not give the person's name) was at his apartment on Friday,January 13th and stated that he was going to hurn down the hOllse wherc SandyWalker lived. The friend then left and returned around 2:00 a.m. The fi'iend wasvery drunk and said that he started the fire in Sandy Walker's bedroom. The friendIt:H and returned to the fire scene. When he tried to get into the house, the policestopped him. Frazier told Deputy Daniels that the reason McLeod started the fire wasbecause some woman was "parking" another guy at 88 High Street. Frazier refusedto give any kind of formal statement to law enforcement. Frazier said that he did notwant to be responsible for sending his friend to jail. Frazier said that he would return

to the police station the following day and give a statement, "when he got a fewthings ckar in his mind."

3X) On January 19, 1l)g9,Frazier rclurned to the police statiun but he still refused tucouperate and provide information against McLeod. Frazier confirmed thaI McLeodhad been to his apaliment bd'ore and after the Lire. He said, "what I know about thiscould put him in jail for life." Nonetheless, he met with the police for 2 1'2 hours.Sgt. IIal Brown tried several approaches to convince Frazier to cooperate but hesteadfastly refused. Frazier stated the only way he would provide a statement was ifhe was promised in writing never to have to testify or talk about the event again.When Sgt. Drown told Frazier he would consider it, Frazier responded that he did nuttrust the systetl1 and said he would refuse to testify and would go to jail instead.Frazier also said he wanted to talk to two people before he decided whether tocooperate. Frazier came back to KPD on January 20 and told the police that he talkedto the person he wanted to consult with and he refused to give a statement.

39) Arter the preliminary conclusion on January 16 that the fire was caused by a cigarette,the fire marshall investigator re-examined the evidence. The authorities applied [or awarrant on January 18 to examine the burn patterns and collect the burned remains ofthe couch from Walker's apartment. The police then applied [ur a second wan"ant onJanuary 20 to re-examine the apartment and take additional photos and video.

40) Initially, investigators felt that the fire developed as a slow burn. After reexaminingthe scene and reviewing the evidence the fire marshall investigator Thomas Nortonconcluded that the fire develuped rapidly. On January 25, 1989, Fire InvestigatorNorton and others conducted a "controlled bum" ur stuffing from Walker's couch inthe evidence ruom of KPD. When a lighter was placed in direct contact with theSluffing, it would not light on fire. The lighter was then applied to the stuffing for 30seconds. The stuffing still did not ignite into Dame but smoldered and gave orr somesmoke. After 3 minutes the smoldering slowcd down. The stuffing was turned overto provide mure oxygen. The stuffing began to smoke more and more. At the sixminute mark the smoke was so extensive that it was bothering everyone in the 1'00111.

The burn was terminated at that point.

41) On January 27, 1989, Fire Marshall Investigatur Thomas Norton issued his finalreport about the origin and cause of the fire. His summary conclusions were that theprobable point of origin was the couch in Walker's apartment. He was unable toconclude what material was first ignited but that the probable source of ignition was"incendiary w:tivity involving an open flame." Inv. Norton noted in the report thatthere was some <:vidence to suggest that the fire wa::;started by a cigarette.Nonetheless, he concluded that "the majority of the evidence indicates that the firecould not be the result of smoking materials." He reasoned that ifthe fire had been aslow burn from a cigarette, the smoke and carbon monoxide would have killedWalker or at least caused her severe discomfort. Walker had no serious burns, nordid she repo11 any discomfort from the smoke. Walker reported that she could seeacross the room, that it was not hot or smoky, and she was not coughing or <:bukiIlgwhen she stood up. Norton also reasoned that the burn patterns indicated that the firedid Tlolactually start on the couch but rather in front orit. Norton also ruled Ollt all

accidental sources of fire and concluded that it was the result of a human incendiaryact.

42) In February 1989, Kurt Frazier was subpoenaed to appear before the grand jury.When Dep. SherifTDaniels served Fral'.ier with this grand jury subpoena, Prazier toldhim that he did not recall any events from Jan. 13-14 because he had too much todrink. Frazier told Daniels hc knew that McLeod came to his apartment but could notremember any other details.

43) No charges were sought against McLeod in 1989 and very little investigation wasconducted on the case after February 1989 until 2001. In October 2001, Keene Cpl.Steve Tenney and AAG Simon Brown interviewed Kurt Frazier. This was the firstrecorded interview with Frazier about the events of January 13-14, 1989. Frazierstated he decided to come forward to finally resolve the case and contacted Trp. PeteRiesenberg. Frazier told the police the following information in 2001:

a) KUJ1 Frazier was a mason and in November or December 1988, he was hired byMcLeod to do work on McLeod's home in Marlow. Frazier learned the McLeodhad broken up with his girlfriend and was very depressed about that. McLeodtold Frazier that he had learned that his ex-girlfriend had sex with a couple ofother guys at a party. McLeod was so upset about this that he could not helpFrazier do the work on the house. Frazier told McLeod to just pay him for thework done. A week or two later, Frazier arrived home and found McLeod asleepin the trash in Frazier's entry way. When McLeod woke up he told Frazier that hehad sold his house and would have the money on Friday.

11) On the following Friday (January 13th), McLeod showed up at Frazier's house

with a case 01" beer and the $600-700 he owed Frazier. Danny Castor showed upthat same night. They all started drinking beer. McLeod was acting strangely andtalking about Preddy Kruger and saying, "I'm back" because it was Friday the13th

. Around 10 p.m., Frazier eventually told McLeod and Castor they had toleave because Frazier had to go to work the next day. McLeod and Castor left togo to Ed Bussieres's apartment. McLeod later came back to Frazier's apartmentand told him that he had had a confrontation with Bussieres and Bussieres hadpunched him. McLeod said he then went to High Street Markt:t and bought alighter and climbed up the back fire escape to Sandy Walker's bedroom and lit thecouch on fire through the window. McLeod told Frazier that the couch wasagainst the window and he reached in the window and lit the couch on fire withthe lighter. When McLeod was telling Frazier this story, Frazier did not believeMcLeod because Frazil:r Iived right next to the tire station und had 110theard thefire alarm. McLeod then l<;:[tFrazier's apartment again. Frazier confirmed thatBonnie Faulkner was present when McLeod told this story.

c) Frazier then said that McLeod came back 1-2 hours later. This time he said thathe went hack to watch the tire and the house was on fire and all the "yahoos"were standing on the street. McLeod said that Carl and his family must be onvacation because they were not autun the street with the other residents. McLeodlell again and returned later in the morning. McLeod was making a lot of noise inthe kitchen of Frazier's apartment. It sounded like he was having a party but he

was alone. Frazier went out to quiet McLeod down. MeT ,eod said hI.:had goneback to High Street anu made statements to people that he had started the tire.Mer ,l:od told Frazier that he actually went back into Bussieres's apmiment at onepoint. Frazier then heard on the radio about the fire at RR High Street so he lefthis apartment to find out what happened. That is when Frazier learned that peoplehad died in the fire. As Frazier was walking back toward his apartment, he raninto McLeod on the street. He confronted McLeod and at that point McLeodinitially said he did not mean to do it. Then McLeod changed his story again andclaimed he didn't start the fire.

d) Frazier stated that he then went to Danny Castor's apatiment to talk about whathad happened the night betore. While they were there, McLeod showed up andcontinued to deny starting the fire.

e) The police then came to interview Frazier. When he arrived at the;:police station,Det. Parsells threatened to involve Frazier if Frazier did not tell Parsellseverything he knew. Frazier dceide;:d not to cooperate because he did not trustDet. Pm·sells. frazier stated he came forward in 200 I because he had been soberfor eight years and he believed that McLeod should bc in jail.

44) Cpl. Tenney later interviewed Scott Whitehill, who was a friend of McLeod.Sometime in mid-2001, Whitehill, who was a real estate agent, sold Kurt Frazier'shome. They got to talking about the fire at 88 High Street and Frazier told Whitehillabout McLeod's admissions on the day of the fire. Whitehill encouraged Frazier tocome forward to the police with his information. Whitehill also told the police that heran into McLeod on the morning of January 14, 1989, and asked McLeod about thetire. McLeod told Whitehill that he had been telling people he had stm1cd the fire at88 High Street but that he was just kidding. McLeod claimed that he was drunk whenhe made those statements and it was just his sense of humor.

45) Cpl. Tenney obtained approval to record a telephom: call between Frazier andMcLeod in 2001. McLeod answered the phone and sounded highly suspicious ofwhy Frazier was calling. McLeod had not had any contact with Frazier since 1989and could not understand how Frazier had tracked him down. They talked about thefire and McLeod denied starting the fire. McLeod went on to make statements abouthow it was the fire department's fault that the Hina family died because the firedepartment took too long to respond.

46) In July 7.009, the NH Legislature created the cold ease unit to investigate unsolvedhnll1icide cases. 1 was 41ssignec1 to the Cold Case Unit in D~(;~IlJ1Jer 2009 tor,etherwith TFC Jolm Encarnacao and Investigator Robert Freitas. I reviewed the Hina filetogether with the other investigators assigned to the unit. After reviewing the tile, Iconsulted with A TF Special Agent John Pijaea and Special Agent Andrew Cox. Bothagents are experts in the field of arson investigation. They reviewed the photographs,relevant witness statements, and reports of the fire investigators from 1989. Bothagents also met with now-retired N.H. Fire Marshall Investigator Thomas Norton anddiscussed his methodology and conclusions with him. Special Agents Pijaca and Coxconcluded that the fire investigation conducted by N.H. Fire Marshall InvestigatorThomas NOl1on in 1989 followed the scientific method and was consistent with

modern arson investigation methodology. Tht:y also opined that his conclusionsappeared consistent with the photographs and witnesses statements. They did not seeanything in the materials they revit:wt:d to contradict Investigator N0l10n's conclusionthat the tire was the r~sLlltof a human incendiary act.

47) On June 17, 2010, I spoke with Special Agent Ron Tunkel, an arson proti IeI'with thl;;FBI Academy in Quantico, Virginia. SA Tunkel had reviewed a number of reports inconjunction with this case, including David McLeod's statement and otherinteractions with the police, statements from a number of witnesses who interactedwith McLeud in 1988 and 1989, and the report from Fire Marshall Investigator TomNorton. SA Tunkel explained that a person who sets tires can be a serial arsonist orthe person can use [ire as a means of assel1ing power over others when he is in aposition where he does not feel that he has control in his life. Based on the materialshe reviewed in this case, SA Tunkel felt that David McLeod fit the latter category.SA Tunkel identified some of the circumstances in McLeod's life leading up to thefire that made him feel powerless. These included the fact that McLeod wasunemployed, that he was on the verge of losing his house, that Wanda Ford refused torenew their relationship and instead was having sex with people who lived at orfrequented 88 High Street, that Ed Bussieres and others who lived at or spent time at88 High Street treated McLeod with disrespect and even got into physical altercationswith him. SA Tunkel explained that the fire at 88 High Street was a means forMcLeod to assert power over these people and exact revenge against them for theway they humiliated him. The reports also indicated that McLeod saw 88 High Streetand the people who lived there as a blight on the neighborhood and he felt he wouldbe doing a service by ridding the neighborhood of the building and its residents.David McLeod's behavior after the fire, including watching the tire, boasting aboutst.arting the tire, and his excitement when he described what he had done to KurtFrazier and Ronnie Faulkner is also consistent with this profile. After the fire began,McLeod saw the results of his actions and he was excited that he was able to exertpower over the people who he perceived were disrespecting and humiliating him.

48) Jn addition to reviewing the police reports and consulting the ATF agents, the CCUinvestigators tracked down and interviewed the major witnesses. The only majornon-law enforcement witness who is no longer available is Sandra Walker, who isnow deceased. Most of the witnesses remember the events from 1989. Each of thewitnesses reviewed his or her audio or videotaped statements and confirmed that whatthey told the pulice in 1989 was the truth and that the recorded statements wouldaccurately reOt:et their memory. Some witnesses provided additional or differentillfonnution in their 2010 reinterviews.

49) On January 28, 2010, TFC Encarnacao and I interviewed Danny Castor about theevents on the night of the fire.

a) Prior to the interview he watched the videotape ur the interview he conductedwith Keene Pulice Department in January 1ny. i-Ieacknowledged that what hetold the Keene police was the truth. He said that his memory ofthe events wasbetter back then when the events were fresh in his mind and that what was in the

statement from 1989 would be accurate. He said that he had known Ptlm. BillSargent for many years and would have told him the truth.

b) Danny Castor now believes that he first learned of the fire when he was at K Ult

Fraiz~r's apwtment. lIe believes that it was at thaI timt; that McLeod said hestarted the fire.

c) Castor remembers walking to the scene of the fire with frazier. At that point, hedid not know where McLeod was. There were a lot of people around watchingthe fire. He remembers seeing Ed Bussieres and Don Abrams outside at that time.They then went up to Castor's apartment. While they were in Castor's apartment,Frazier was telling Castor and Castor's wife about what had happened during thenight.

d) Castor knew at the time that Wanda Ford was having sex with Don Abrams andMcLeod found out about it and got upset.

e) Castor did not think that Sandra Walker was a smoker and otherwise was a vcry(;areful person when she was smoking. Castor also knew that Walker slept withthe windows open in the apartment and that her apartment was accessible by thefire escape.

f) Castor acknowledged that David McLeod was a friend of his back then. Castorhas no basis to falsely accuse him of misconduct. He knew McLeod fromgrowing up and was friendly with both him and McLeod's brother.

50) On February 9, 2010, TFC Encarnacao and I interviewed Kurt Frazier about theevents slln"ounding the fire. Frazier provided the following infoll11ation during thatinterview:

a) On the Sunday before the fire, Frazier went to McLeod's house to do somemasonry work on McLeod's house. McLeod was supposed to have the workprepared for Frazier's arrival. When Frazier arrived, McLeod was in bed eventhough it was 4:00 p.m. He appeared depressed. McLeod explained that Wandahad had sexual relations with a few guys at 88 High Street. At that point, Fraziersaid he was not going to do any mor~ work on McLeod's house and hcjustwanted to get paid for the work he had done.

b) On Friday, January 13,1989, David McLeod stopped by Frazier's house with acase of beer and money that McLeod owed to Frazier for work Frazier had doneon MeT ,cod's chimney. Danny Castor also stopped by the house that night.Bonnie Faulkner was also thert: that night. Castor and McLeod stayed and dmnkbeers until about 10 p.m. During this time McLeod was talking with BonnieFaulkner about how he was acting like "Freddy Krueger" and saying how "I'mback." McLeod was worked up at that time. When McLeod made thesestatement he was primarily talking with Bonnie Faulkner and Frazier was talkingto Castor. McLeod and Castor left around that time to go to 88 High Street.

c) McLeod returned to Castor's house some time later and said he had had a problem'..\lith Ed Bussieres. Frazier was in bed sleeping and McLeod woke Frazier up.

Frazier told him to leave. McLeod showed up a few hour~ later around I :30 a.m.or 2:00 a.m. He stated he had started a tIre at 88 High Street. Frazier did notbelieve him at that time because Frazier lived next to the fire station and had notheard the fire alarm so he told McLeod to leave again. McLeod was highlyintoxicated.

d) McLeod returned again and said he had been watching the fire from near Castor'sresidence, which was across from 88 High Street. He said everyone was standingoutside in the street. McLeod said that the Hina family were not standing outsideso they must have gone away for the weekend. Frazier told McLeod to leaveagain because he still had not heard the fire alarm. McLeod was reallyintoxicated.

e) During one of these visits McLeod told Frazier that he went to the High StreetMarket and bought a lighter and then climbed up the fire escape and set fire on thesecond floor. Frazier did not believe him because McLeod was intoxicated andFrazier would have heard the fire alarm if there had been a fire at 88 High Street.

t) Frazier's alarm dock went ofTaround 5:00 a.m. because he had to get up forwork. He heard the local news on the clock radio and they were talking about thefire at 88 lligh Street. Frazier got up and saw that the road was closed so hereturned to his apartment. On his way back to his apariment, Frazier encounteredMcLeod on the street. Frazier told McLeod to "get the fuck out of here" becauseMeT~eodhad really done what he said he did. McLeod left. Frazier went out tobreakfast at a local diner and noticed McLeod watching him through the window.

g) Frazier then went over to DalU1YCastor's horne to tind out what happened.Castor told him he did not know because he went home after he and McLeod leftFrazier's. While Frazier was talking to Castor on Saturday morning, McLeodshowed up at Castor's home. At that point McLeod was denying that he startedthe fire.

h) Frazier stated that McLeod did not say he was going to start the fIre before hand.Frazier understood that McLeod had gotten into a confrontation with Ed Bussieresthat set olTMcLeod. McLeod said something to the effect that after he got il1tothe confrontation with Bussieres he went to High Street Market because he was"sick of the place" and was going to burn it down. Frazier understood thatMcLeod's motive was not to kill anyone. He wanted to get rid of the party houseat 88 High Street - which McLeod called "the Hilton."

i) Frazier said that back in 1989 during the investigation a law enforcement officerasked frazier to come to Keene PO to be interviewed. frazier went to the policestation and encountered Ofr. Fred Parsells. Frazier stated that Parsells statedFrazier would be implicated in the fire ifhe did not cooperate with the police andtell them what he knew. Frazier was very upset about this approach because hehad no involvement with the tire. Frazier also acknowledged he was an alcoholicat that time and drank a case of beer every day and he did not want to be involvedin the case back then. Was later subpoenaed to the grand jury and was drunk.

when he appeared. He said he told the grand jury he could not differentiatebetween truth and reality because orthe alcohol.

51) When CCU investigators interviewed Belly LaCourse (now Kennedy), she stated thatshe had heard McLeod make several statements about the fire. She described [orCCU investigators how during the summer of 1988 he was upset and jealous atWanda Ford. Betty and McLeod were out in front of 88 High Street. He was talkingto Betty LaCourse about how he wanted to get even with Wanda. He said to Betty,"Do you think that this place will burn good?" He had a laugh that troubled her.Betty said that he would be vengeful and a "different person" when he was drinking.She also remembered McLeod standing outside of 88 High Street while the fire wasburning. He said, "I did it good." He was also saying things to other residents of 88High Streellike "You arc all out in the cold now." He was laughing and acting likethe fire was a joke. Belly also remcmbered seeing McLeod sitting in a chair in Ed13ussieres apartment after the fire was extinguished but while firefighters were stillaround. This is consistent with Diane Buckley's statements about encounteringMcLeod in Bussieres's apartment.

52) In addition to the statements and activities described above, Ed Bussieres informedCCU investigators that he remembers McLeod watching the tire saying, "Nicc job Idid, huh'?" Everyone thought he was kidding. At the time:Bussieres did not take himseriously because Mcl ,eod said all kinds of obnoxious things when he wasintoxicated. But as soon as McLeod leamed that people had died in the fire he"changed his tune."

5.3)During her interview with the CCU in 2010, Wanda Ford provided the followingadditional or different information:

a) Ford acknowledged the statements and threats ml1dcby McLeod in th~ weeksprior to the fire. She informed ceu investigators, however, that she believed thatSandy Walker was re:sponsible for the fire but she admowledges she has nopersonal knowledge about how the fire actually started. In addition to theinformation set forth above, she informed CCU investigators that earlier in theday on January 13, 1989, Wanda saw Walker and noticed that her hair was"singed." Wanda asked Walker what happened and Walker told her that she wasplaying with a candle in her room. This occurred before Walker went out to a barfor the night. Wanda told CCU investigators that Walker would often leavecandles unattended in the apartment and was very careless.

b) Wanda also said that later that night after 88 High Street was on fire, Walkerwanted to hide. She was upset because the tire started in her apartment. Wandadescribed Walker as being intoxicated the night of the fire. Wanda said thatWalker was upset with her because Wanda was together with Donnie Abrams andsaid that she wanted to kill Wanda for being with him.

c) During her 2010 interview, Wanda Ford related information about how shebelieved that Sandra Walker was responsible for the tire because Ford believedthat Walker had caused other fires in the past in Laconia. Wanda Ford had relatedsimilar information to the Keene Police Department in December 1990. ,A.tthat

time, she was upset that the Hina family was listed in the news as a homicidecase. She did not feel that McLeod had set the fire. Wanda believed that the firewas caused by Sandra Walker falling asleep with a cigarette. Wanda related thatshe learned that Walker was responsible for several fires ahout2-3 years beforeshe moved to Keene when she lived in the Laconia area. Wanda heard thatWalker was drunk and had fallen asleep with a lit cigarette on these prioroccasions. Wanda also told the detective about an incident after the High Streetfire when Walker visited Wanda. Wanda said that Walker had stayed with Wandaand fell asleep on two occasions with a lit cigarette and started a fire on Wanda'scouch and bed. Trooper John Encarnacao with the Cold Case Unit contacted theLaconia Fire Department to explore whether Ford's allegations about Walker'sinvolvement in other fires had any factual basis. Laconia Fire Department hadrecords dating back to the 1980s but had no reports or records of any firesinvolving Sandra Walker or anything similar to the allegations made by WandaFord in 1990.

d) Wanda Ford also told CCU investigators that after the tire started but before thebodies were removed from the house, she heard David McLeod outside the housescreaming, "J want Wanda to burn in hell." McLeod was "belligerent" towardWanda and talking "all kinds of crap." She told CCU investigators that McLeodwas laughing an "evil laugh" and saying things about how everyone got what theydeserved. Wanda said that she asked him why he was saying the things he wassaying outside the apartment while the building was burning. He laughed andsaid he was just trying to get everyone's attention. Wanda claims she asked himwhether he was trying to get people's attention by lighting the fire or just bysaying the things he was saying. Wanda claims he said it was just by saying thosethings.

e) Wanda stated that with respect to McLeod's prior threats, she felt that McLeodwas "talking out his butt" because he was drunk. Wanda also said that KurtFrazier told her back then that McLeod had been telling him that he wantedWanda to burn in hell and he was going to do it. Frazier also told Wanda thatMcLeod was drunk and high on cocaine and belligerent when he said thosethings.

±) Wanda acknowledged, as she did in 1989, that there were various times whenMcLeod was outside her presence under the night of January 13-14 while theyboth were at Ed Bussieres. Wanda told CCU investigators that she saw DavidIvkLeod and Sandy Walker together on the fire escape up lo Sandy's apartment.The window to Walker's apar1ment was open at that time. Wanda stated thatSandy always left the window to her apartment open. Wanda suspected they wereboth doing cocaine based on the way the two of them were acting at variouspoints in the night. Wanda did not see them doing drugs together but believedthey were doing cocaine because McLeod dropped a rolled up dollar bill withpowder on it.

g) Wanda claimed that she cOlTesponded to McLeod over the years and asked him inthe letters about the fire. He never responded or acknowledged the fire. At most,he claimed he did not know what she was talking about.

h) Wanda Ford informed CCU investigators that she harbors intense guilt for whathappened to the Hinas and her knowledge of McLeod's threats.

54) No formal autopsies were ordered by the New Hampshire Medical Examiner's Officein 1989. Rather, the post-mortem examinations of Lori, Sara, and Lillian were doneat Cheshire Medical Center. Carl Hina was pronounced dead at 88 High Street by themedical referee, Dr. Charles Schofield. The death certificates list the cause of deathfor Carl Hina, Lori Hina and Lillian Hina as "asphyxiation due to smoke inhalation"and for Sara Hina as "smoke inhalation." The original death certificate list themanner of death for each of the victims as "accident." These death certificates werefiled on January 17, 1989, before witnesses came forward with information thatMcLeod made admissions about causing the fire and the police reinvestigated thecase.

55) In June 2010, Chief Medical Examiner Dr. Thomas Andrew reviewed the medicalrecords for each of the victims, reports relating to the discovery of the victims, thereport issued by Fire Marshall Investigator Tom Norton, and the allegations in thisaffidavit (with the exception of paragraph 47). Dr. Andrew has opined that the causeof death for each of the victims is "smoke inhalation," the circumstances of death are"arson ofa multi-family apartment building," that each of the victims died withinminutes, and the manner of death for each of the victims is homicide. Dr. Andrew isin the process of filing amended death certificates to reflect these changes based onthis new information.

56) Based on the foregoing there is probable cause to believe that David McLeodcommitted four counts of Second Degree Murder by recklessly causing the deaths ofCarl Hina, Lori Hina, Sara Hina, and Lillian Hina under circumstances manifesting anextreme indifference to the value of human life when he started a fire at 88 HighStreet on January 14, 1989. ~~

-Sgt. Scott GilbertN.H. State PoliceCold Case Unit

STATE OF NEW HAMPSHIREMERRIMACK, SS.

Personally appeared the above-named, Shr ScrrG/~~d took oath that thefactual allegations contained in the above affidavit are true to the best of his knowledgeand beliefs. Before me, ~

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