Wednesday, November 07, 2012
Expert: Fridge may have caused day care fire
AP
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HOUSTON (AP) — A refrigerator, not a stove, might be to blame for causing a fire at a Texas home day care that killed four children and injured three others, an engineering expert told jurors Wednesday during the owner's murder trial.

Prosecutors allege that Jessica Tata had hot oil cooking on a stove at her day care when she left the children alone to go shopping at a nearby Target store. But Tata's defense attorneys have told jurors she didn't intend to harm the children, who ranged in age from 16 months to 3 years old, and that the February 2011 fire was not caused by anything their client did.

Tata, 24, is charged with four counts of felony murder but is currently being tried in the death of 16-month-old Elias Castillo. She faces up to life in prison if convicted.

Electrical engineer Richard Bonyata, testifying for Tata, told jurors he believes a switch that would have been used to turn on the burner in question was in the off position at the time of the blaze.

Because of that, he said, "You would have to consider all other competent ignition sources ... and completely eliminate everything else."

Bonyata said the evidence pointed to the refrigerator as a possible source, citing heavy damage to the refrigerator's doors, as well as to the cabinets and woodwork next to and above the refrigerator.

In addition to the possibly malfunctioning refrigerator, Tata's attorneys have previously suggested that the burner switch might have malfunctioned. They have alluded to problems with other stoves with similar switches, such as their burners turning on by themselves or unexpectedly jumping from low to high heat.

Last week, David Reiter, a forensic electrical engineer who testified for prosecutors, said he examined the stove and found no mechanical or electrical failures. Reiter said he determined one of the burners had been on at the time of the fire and found no evidence indicating a problem with the stove's switches.

A former Target manager previously told jurors that while Tata was at the store, she remembered during a conversation that she had left the stove burner on. Continued...

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