Hannah could see that the murder rule was problematic, but she wasn’t sure she agreed with critics who said it should be removed entirely. For her, it was a question of moderation, rather than complete removal. Virginia had added a requirement that the murder result directly from the offender’s own acts, rather than those of an accomplice, and that felt like a reasonable approach. If Nia Jones had intentional y set fire to her own trailer and her baby’s death had been the accidental result, Hannah would have wanted to see Nia punished. So Hannah’s problem with Nia’s conviction wasn’t that it resulted from a charge of felony murder. The problem was, as far as Hannah could see, that there was no evidence that she had committed any crime at al .
“You made contact with the sister?”
Hannah nodded. “Her number was on the application. I thought cal ing her might be the quickest way to get what we needed. She had the brief and she was able to send it through overnight.”
Parekh nodded. “Okay,” he said. “Let’s talk about the evidence.”
“Right,” Hannah said. “Wel , the arson investigation found evidence of accelerant in the living room. Two arson investigators testified with confidence that the fire had been started deliberately, that someone had poured kerosene in a line across the living room floor and set the whole home on fire. They specified that the accelerant was the reason the fire had burned so quickly and so fiercely. Nia had no explanation for the accelerant found in the trailer.
She said she had never poured or spil ed kerosene or anything similar in her home. She had a smal kerosene heater, but the arson investigators had already discounted that as the source of the blaze.
At her trial Nia said that the trailer wasn’t hers. She’d been renting for two years, so she suggested that the kerosene could have been spil ed by the owner or a previous tenant, but the arson experts said no way.”
“What was the motive?” Parekh asked.
“They said she intended to make an insurance policy claim.”
“Okay,” Parekh said. Raised voices came from somewhere outside and Parekh looked over Hannah’s shoulder, squinting a little as if to try to make out who was speaking. “Talk to me about the evidence,” Parekh said.
Hannah had read about nothing but exoneration cases for the past week, which was why Nia’s case had jumped out at her. In her reading about death row cases she had come across more than one case where arson evidence had later been overturned. She hadn’t just been searching social media feeds the night before. She’d also spent several hours looking for specific case law where new scientific evidence had been effectively introduced. She’d worked until three A.M. but it hadn’t been in vain.
“The National Registry of Exonerations shows that at least seventeen arson convictions have been overturned in the past twenty-four years, including that of David Lee Gavitt, who had been imprisoned for twenty-six years for the murder of his wife and two baby girls by fire. Investigators in Gavitt’s case, and others, pointed to charred patterns in the shape of puddles and other signs to argue that the fire had been intentional y set. They used almost word for word the same language used by the arson investigators in Nia’s case.”
He was listening to her, she definitely had his attention, but the raised voices from outside the office weren’t going away. What had started out as a lively discussion sounded like it was degenerating into an argument. Parekh stood.
“Al of the evidence has since been debunked. There is no scientific basis for it,” Hannah said. “The only real evidence against Nia was the evidence of the arson investigators and I think it’s unreliable. If we could get the right expert . . .” But she had lost him.
He went to the door of his office, leaned out.
“What’s going on?” he said.
The argument outside stopped as soon as he spoke. Hannah turned in her chair, craning her neck to try to peer around the door, but Parekh was blocking her view. There was a mumbled response, and then Parekh said—“My office, please. Right now.” Hannah stood up, hovered, unsure if she should stay or go. Parekh came back inside, closely fol owed by Camila and Hazel. Both girls looked flushed and unhappy.
“I’m sorry, Hannah. We’l have to pick this up later,” Parekh said.
“No problem.” Hannah turned to leave.
“I think you have something there. Stay on it. Finish your recommendation, send it to me, and let’s set a time to talk again,”
Parekh said.