By Ralph Maiolino III Last week a fire broke out at a house in Plant City, FL
, taking the lives of 4 individuals. This led to an intense investigation that resulted in the arrest of a man who now faces not only arson charges, but also 4 counts of premeditated murder, and animal cruelty. Attorney Ralph Maiolino III analyzes.
My name is Ralph R. Maiolino III, Esq., and I am a criminal defense attorney at the Orlando HQ of Smith & Eulo. As a former State Prosecutor, I start off every case by analyzing what the State would need to prove in its case-in-chief; for our purposes it’s 1st Degree Murder x4, Arson of a Dwelling, and Aggravated Animal Cruelty. There are two types of 1st degree Murder in Florida: Pre-Meditated Murder & Felony Murder (the unlawful killing of another during the commission of a 1st degree felony). The victims in this case were killed when a fire erupted in their home at approx. 12am. Due to the location where, and the time when, the fire took place, the State has a strong case for both pre-meditated 1st Degree Murder and 1st Degree Felony Murder—provided they can prove the arson charge. Based upon time and location of the fire, the victims would have been expected to be present at home & asleep when the blaze broke out. This tends to show evidence of a pre-meditated plan to kill. Felony murder here is open & shut for the State because the killings occurred during the commission of the 1st degree felony arson of a dwelling. This makes the defense strategy in this case complex, yet also simple: if the State cannot prove that the Accused intentionally started the fire which killed the occupants of the house, then it cannot prove either 1st degree pre-meditated or 1st degree felony murder nor the animal cruelty charge. As his attorney, I would demand to review the arson investigator's report to see what the State alleges re.: 1) who was the source of the fire, 2) how the fire was started, 3) at what time the fire started, 4) how long the fire raged and the path of the flames, & 5) what witnesses the State has to support their accusations. A big part of this might end up being a fight over the chain of custody in the investigation, to make sure the police properly documented and secured the crime scene and evidence. We would also need to look into an alibi defense for the accused at the time the fire took place, as well as interview people with knowledge of his & the victims' relationships to disprove motive. Finally, we'd examine the rest of the police investigation and reports looking for violations of the accused's 4th and 5th amendment rights, and the. file motions to suppress any evidence or any statements to the police we can. Essentially, this entire case rises & falls on State's ability to prove the accused was the source of the fire and intentionally caused it.
, the first thing the accused should do in his defense, before any of the above, is
his experienced trial attorneys at Smith & Eulo to fight this battle for him. If you or your loved one are being accused of committing a crime, you should consult with one of our Criminal Defense Attorneys, don’t hesitate to call us at
352-WIN-4YOU We are available 24/7 and we offer payment plans.
