The Flaws of the Physical Evidence

On the contrary, months before the trial, Hope's friend Peggy Villereal, informed Prosecutor Basinger that Hope had been cooking steak before the party on the night of the fire, and that she burnt the meat. Normally, the sensitive smoke detector would have squealed, but Mrs. Villereal noticed the smoke detector had been disconnected. This information was never mentioned during Kenny's trial. Nor was it mentioned that Mrs Villereal also reported that Hope often disconnected the smoke alarm, especially when she smoked drugs in her flat. Hope admitted she smoked drugs in her flat during the party.

Prejudgment does occur

Many types of investigations are susceptible to prejudgment, but few as often as fire scene investigations. Fires, by their destructive nature, consume the evidence of their initiation and progress as they grow. Investigations are compromised, and often scenes are further destroyed by the activities of the fire service, whose primary responsibilities are to save lives and protect property against further damage. Fire scenes often involve all manner of public entities: emergency medical, law enforcement, and fire services. Public utilities such as gas and electric companies may be involved.

Passers-by, owners, tenants, customers, delivery agents all may have relevant information. The press and curious individuals attracted to large fire scenes can complicate investigations, as they make security a necessity. As has frequently been said, "A fire investigation is like a picture puzzle. Everyone involved with it has some of the pieces, but no one has the whole picture. It is up to the investigator to gather enough of these pieces together to solve the puzzle."

(source, Fire and Arson Scene Evidence: A Guide for Public Safety Personnel)

3) Witnesses

Mrs. Villereal testified that, during the party, she heard Kenny threaten to burn down the apartment building. However, Mrs. Villereal has since recanted her testimony, swearing that, on the stand, she was very nervous and agreed with what she thought the prosecution wanted to hear.

Another person at the party, Robert Dannenburg, testified that he heard Kenny threaten to "blow up" the building. However, it is also apparent that this witness succumbed to the pressure of the trial. Mr. Dannenburg had booked a room at the LEE BELL MOTEL three days before trial, and he told the motel manager to send the bill to Basinger at the prosecutor's office. He then stated that he was living and working in the State of Missouri and did not wish to attend the trial, but that he was only doing so for the sake of the child, because she had been raped. Cynthia Collins was never raped!

It explains the inducement Prosecutor Basinger used to create a hostile witness.

Finally, the late, Juanita Altimus testified that she was standing beside Kenny when the flat was being gutted, and that he bragged to her, "I did a helluva good job, didn't I?" However, Kenny was not present when the flat was being gutted. Kenny was asleep on the sofa being wakened by police about Hopes whereabouts when Juanita said he said it.

Conclusion

Despite the flaws revealed in the prosecution's "theory" and "motive", it was mainly the circumstantial physical evidence the judges relied on to convict Kenny. It is the flaws of this physical evidence which Kenny's defence team tried to introduce by requesting the hearing that Judge Corrigan denied.

None of the evidence relied upon to support Kenny's conviction is sound. Neither the prosecution's "theory", "motive" nor the circumstantial evidence survive scrutiny.