Local 21 News
By Marc Stempka
HARRISBURG, Pa. — A man who spent nearly 36 years in prison has been released after having the science that put him behind bars in the murder of his son in a 1978 Dauphin County arson case debunked. According to a release from The McShane Firm, James Hugney, Sr. was released from prison Friday after spending 35 years, 11 months and eight days in prison. Hugney was convicted in July 1979 after a jury found him guilty of setting a fire at his Susquehanna Township home that caused the death of this 16-year-old son. The fire was Aug. 20, 1978 at Hugney’s home at 1625 Bamberger Road. The case at the time was called the “burning bed” case.
Investigators said Hugney poured lighter fluid around the bed of his son, James Hugney, Jr., while the boy was sleeping. Hugney then set the house on fire, causing his son to suffer burns on 98 percent of his body, investigators testified at the time. Hugney, Jr., died five days after the fire. As part of Hugney’s release, he made an Alfred Plea to third degree murder in the case. As part of the plea, he continued to maintain he was not guilty.
An Alfred Plea is a type of deal reached with existing prosecutors that allows a person convicted of a crime to be released from prison on the agreed to charges and given credit for time served. At trial, three prosecution experts testified Hugney’s actions were arson because of the “characteristic pour patterns around the bed” of his son. Prosecution testimony also relied on analysis of charred parts of the bedroom which “were characteristic of hydrocarbons.” Investigators, however, could not establish a cause, origin or initial fuel for the blaze. That was called the negative corpus method for fire investigations and was what the prosecution relied on for its case.
At trial there was no challenge of the opinions of the fire experts. Hugney was sentenced to life in prison. Hugney maintained his innocence throughout this time in prison. Four years ago attorney Justin J. McShane at The McShane Firm, took up the investigation into Hugney’s conviction. McShane maintained the science behind the case was wrong. “The pivotal scientific evidence of negative corpus had been debunked,” McShane said in a news release. “All of the scientific evidence used in the case was based on popularly held beliefs and myths of the time that modern science has totally refuted.”
Through the retention of three internationally known fire scientists, their analysis of the methods used in the Hugney conviction were shown to not stand with modern science. In their reports filed with the court, the three investigators could no conclude that the fire was an arson using modern practices for fire science. Following a motion filed by McShane, Hugney’s conviction was overturned.
“This is a great day for James Hugney, a great day for justice, and a great day for science,” McShane said in the statement. “We give thanks to District Attorney Ed Marsico and First Assistant District Attorney Francis T. Chardo III who, as honorable and noble shepherds of justice in Dauphin County, did the right thing. Without them, justice would not have been served in this case.” Hugne, is now 72-years-old. Prior to his conviction he was a businessman. Throughout his time behind bars, Hugney worked towards fundraising efforts with Big Brothers, Big Sisters. A news conference regarding Hugney’s release was scheduled for Saturday.
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