Local 21 News
By Donna Kirker Morgan
HARRISBURG– A Susquehanna Township man was released from prison tonight after it was shown that bad science was used to put him behind bars 35 years ago. James Hugney Sr. was convicted in 1979 of setting his home on fire, a fire that cost his 16-year-old son’s life.
Hugney walked out of the Rockview Prison Friday to hugs and kisses from family who has stayed by his side the entire time. He served a total of 35 years, 11 months and 8 days. He is now 72-years-old. In 1978, they thought they understood when a fire was caused by an accelerant but new scientifically controlled studies give new insight into how fire acts. The new science debunked the evidence used against James Hugney in his Dauphin County trial.
The Pa Innocence Project provided additional legal support for James Hugney’s attorney, Justin McShane. Marisa Bluestine with the organization said, “The techniques they used were not old at the time.” That evidence resulted in Hugney’s conviction. In the next three decades, Hugney continued to proclaim his innocence as he raised thousands of dollars for Big Brother, Big Sisters and devoutly practiced his religion.
The decades also meant big changes for how science understood fire and arson. “And what we look at as a fire pattern and thought to be arson we now know could be caused by completely accidental fire and leave the same pattern,” Bluestine said. She congratulates the Dauphin County District Attorney’s office for coming to an agreement that allowed Hugney to walk out of prison. Bluestine’s organization is seeking out other cases where old arson investigation science played a key factor in convictions. “It’s hard to find these cases because there is no central database or way to find them,” she explained “But as quickly as we find the, we quickly review them and see if they are a case of injustice as was the case of Mr. Hugney.”
Already, similar concerns meant the release of Han Tak Lee in the Poconos. Lee was in prison for 24 years for the arson death of his disabled daughter. The Pennsylvania Innocence Project is also looking at the murder, arson case of Letitia Smallwood in Cumberland County. In a website titled “Free Hugney”, James is heard on the phone talking with his attorney. He says, once freed, he will go right church and thank God for all the support and the people who have been waiting for him to be set free.
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