Glenn Bradford v. Richard Brown

831 F.3d 902, 2016 U.S. App. LEXIS 14260, 2016 WL 4136957
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 4, 2016
Docket15-3706
StatusPublished
Cited by5 cases

This text of 831 F.3d 902 (Glenn Bradford v. Richard Brown) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glenn Bradford v. Richard Brown, 831 F.3d 902, 2016 U.S. App. LEXIS 14260, 2016 WL 4136957 (7th Cir. 2016).

Opinions

POSNER, Circuit Judge.

In 1993 Glenn Bradford was convicted in an Indiana state court of a murder and arson committed in Evansville the previous year, and was sentenced to 80 years in prison, where he remains. In 2013 he filed this federal habeas corpus suit, in which he claims that he can prove his innocence. He asks for a new trial, which the district judge denied, precipitating this appeal.

[903]*903Bradford, an Evansville police officer, was involved in an extramarital affair with a woman named Tamara Lohr. After his wife discovered the affair, Bradford decided to end it; but Lohr resisted, emailing him that if he left her she’d tell his wife the affair was continuing.

At 6:35 a.m. on a day a month or so after Lohr’s threats and just after Bradford had finished a night shift, he reported a fire at Lohr’s house. He told the responders that he’d entered the house to try to extricate her but had been unable to do so and believed she was dead. A firefighter had driven by the house at 6:30 a.m. and seen no signs of fire, but shortly after Bradford reported it the firefighter entered the house, extinguished the fire, and found Lohr’s corpse on her bed. He estimated that the fire had started only a few minutes before he arrived. Fire investigators found in Lohr’s bedroom an empty gasoline can from which gasoline had been poured onto the mattress on which Lohr’s body lay and onto the floor between the mattress and the bedroom door. They inferred that the gasoline had been ignited by someone standing in the bedroom doorway. Lohr, it was discovered, had been stabbed to death and her body had been burned after she died. Her poodle was found dead, also with stab wounds, in the living room, which was just outside the bedroom, but we’ll see that the dog was still alive when the fire started. From the conditions of the house and grounds the police concluded that the arsonist-murderer had staged a burglary rather than broken into the house.

Although the exact time of Lohr’s death could not be determined, the state believed that she’d been stabbed during the night. Suspicion quickly focused on Bradford, who appears to have concealed his whereabouts on the fatal night and thus could have murdered Lohr sometime during his night shift before returning in the morning to set the fire. He had no alibi for the period from about 11 p.m. to midnight. He claimed in an entry in his police activity log to have responded during that period to a hit and run accident, but the officer working that accident testified that he hadn’t seen Bradford at the accident scene — while an Evansville police car that could have been Bradford’s had been seen outside Lohr’s house at about 11 p.m. The evidence presented at the trial included not only Bradford’s seeming attempt to invent an alibi but also an attempt by him to delete Lohr’s threatening emails to him a couple of hours after the fire.

Although only 65 seconds elapsed between when a bank camera revealed Bradford two blocks from Lohr’s house and driving toward it and when he reported the fire, an investigator testified at trial that that was enough time for Bradford to have driven to the house, entered, spread the gasoline, and lighted it.

At trial, rival fire experts testified for the state and the defense about whether the fire had to have burned for more than eight minutes, in which event Bradford would have had a solid alibi because the fire was extinguished by 6:43:19 a.m. and he could not have set it before 6:35 given that he was seen by the bank camera two blocks away at 6:34:04 and that it would have taken him about a minute to reach the house from there, start the fire, and then call emergency services (which he did at 6:35:09) — and he’d been on police duty until about 6:30. No gasoline had been found on Bradford’s uniform and the police had failed to investigate another possible suspect — a man who had lost his job as a jailer for the Sheriffs department after Lohr accused him of sexual harassment, and whom she had subsequently reported to the police for parking outside her house in the middle of the night. There is, howev[904]*904er, no evidence connecting that man with the arson or murder.

Bradford was convicted by a jury of murder and arson, and his conviction was upheld in Bradford v. State, 675 N.E.2d 296 (Ind. 1996), and his request for state post-conviction relief denied in Bradford v. State, 988 N.E.2d 1192 (Ind. App. 2013). He principally argues in the present proceeding that he couldn’t have been the arsonist (and if not, then presumably not the murderer either) because his expert witnesses testified that the fire must have burned for more than eight minutes. If that’s true Bradford could not have been the person who set the fire because, the reader will recall, eight minutes was the maximum time that the fire if set by Bradford would have lasted. Although his expert witness at trial testified that the fire had burned for 15 minutes, his principal expert witness in the post-conviction proceedings, Douglas Carpenter, went further, testifying that the fire must have burned for at least 30 minutes before it was extinguished. He based that estimate on his inspection of burned and unburned wood and other materials in the house and on the level of carboxyhemoglobin (COHb) in the poodle’s blood — a house fire generates carbon monoxide (CO) that can combine with hemoglobin, a constituent of blood.

Bradford relies on three facts asserted by Carpenter to support his contention that the fire must have lasted more than eight minutes: (1) the time it would have taken the fire to burn through the upper panel of the bedroom door; (2) the time it would have taken for the poodle to have accumulated the amount of COHb found in its blood; and (3) the time it would have taken the fire to consume the mattress on Lohr’s bed. These facts don’t make a case. Carpenter was unable to prove that the fire would have taken too long to burn through the upper panel of the bedroom door for Bradford to have set it. He conducted experiments under conditions that simulated a maximum temperature near the bedroom ceiling of 350°C. But the fire might well have been hotter than that. He contended that because none of the 12 panes of glass in the front bedroom window was broken, the room temperature near the ceiling (and thus near the top door panel) must have been below 280°C, and at that temperature it would he claimed have taken at least 30 minutes for the bedroom door to char through. He based this temperature claim on a study reported by Vytenis Babrauskas, “Glass Breakage in Fires” 2-3, www.doctorfire. com/GlassBreak.pdf (visited Aug. 2, 2016), of the probability of glass breakage at different temperatures. That study had been limited to glass three millimeters thick, and' he admitted not knowing the thickness of Lohr’s windows, though he testified that three-millimeter glass is “typical.”

He claimed that because none of the 12 panes of glass was broken, the temperature near the ceiling of Lohr’s room must have been below 280°C. That was the temperature at which the three-millimeter glass in the study on which he relied had a one-in-twelve probability of breaking. But a one-in-twelve probability of breakage at a particular temperature does not mean that if there are twelve panes one of them is certain to break, and Carpenter failed to justify his assumption that the more panes in the unbroken window, the lower the temperature had to have been.

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Cite This Page — Counsel Stack

Bluebook (online)
831 F.3d 902, 2016 U.S. App. LEXIS 14260, 2016 WL 4136957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glenn-bradford-v-richard-brown-ca7-2016.