The jury in the Liam Stinson trial heard more testimony from first responders on March 21, detailing the efforts they took to battle the blaze, but also, the words of the forensic officer who processed the scene at 744 Bruce, and the paramedic who assisted three of four victims of the arson, Jamie-Lynn Rose, Jasmine Somers and Guy Henri.
Stinson is on trial for his alleged role in the April 11, 2021, fire that claimed three lives and seriously injured another, David Cheff, who was forced to jump from a second-floor window. Cheff testified on March 19 and was cross-examined March 20. His testimony came up in court Thursday as Justice R. Dan Cornell spoke to the jury, not only reminding them to avoid media reports on the case, but to speak of hearsay when it came to Cheff’s testimony.
Hearsay occurs when a witness testifies to something they were told about, but did not personally witness. It’s not allowed because counsel is not able to cross examine the information to prove its validity.
“There are some exceptions to hearsay rule,” said Cornell to the jury. “For example Cheff testified about what Rose told him about her relationship (with Stinson) in time leading up to fire — she was unhappy, she did not want to be in relationship, she would argue and wanted to leave — they are admissible to show her state of mind at time of fire.”
Of the physical, “hands-on” arguments that Cheff did not witness, Cornell said “this is hearsay which is not admissible and you must dismiss this.”
Testimony began with Greater Sudbury Fire Captain Jamie Poffley, a volunteer firefighter for 10 years and career firefighter for 21.
Poffldy told the jury the way he made entry into the burning home, and how he found Henri's body on the floor. He called for others to help him bring the body out.
Firefighter Second Class Trent Mallette had only been on the job seven months when he arrived at the fire and told the jury he had only been to a handful of fire calls previous to April 11, 2021. Mallette testified that the smoke was so thick he could only see a foot or so in front of his face and was relying on feel to find his way around, checking beds with his hands to ensure no victims were in them. He then found Somers in the bathroom near the master bedroom.
After getting her outside, Mallette re-entered the burning home and went up to the two bedrooms on the highest floor, one entering each room. Mallette testified his partner yelled for him after finding Rose on the ground. They quickly moved her outside for medical care.
While this was happening retired Captain Philip Langis and his Greater Sudbury firefighting crew were on the roof, trying to open it to vent the heat, while also trying to avoid falling in.
He quoted a firefighting textbook from memory: “Risk a little to save a little; risk a lot to save a lot”, he said. “We had to risk more because there were people inside.”
Once the firefighters were able to extricate the victims from the fire, it was up to paramedics.
The jury heard from advanced care paramedic, Marshall Zeman.
He first encountered Cheff, who he described as “in distress” and directed his partner to handle Cheff’s care. He was loaded into the back of the ambulance and treated on scene.
Zeman testified he then approached the scene to assist the firefighters. He first attended to Somers, who was brought out and set on the grass. Zeman testified that no medical intervention could help her, as she had no vital signs, and said she had severe burns to her body. He testified the remaining skin was like leather, with no moisture left. She had met what they term “obvious death criteria”. Zeman said he “grabbed a blanket from my stretcher, and just out of respect, I covered the patient.”
Rose was taken to the HSN by ambulance, and Zeman testified he witnessed paramedics begin CPR before they drove away. She was later pronounced dead at Sunnybrook Health Sciences Centre in Toronto.
Then, Henri was brought to Zeman for care. Henri was not breathing, but there was a faint pulse. Zeman and a superior loaded him into the ambulance, and Zemen drove to HSN. Henri was later pronounced dead at the hospital.
Also testifying today was forensics officer Mark Covala, a 25-year-member of GSPS. He examined the scene, and detailed for the jury the debris and wreckage left after the fire. He noted that the smoke detector in the basement had been unplugged.
The defence did not cross-examine any witnesses Thursday.
Jenny Lamothe is a reporter with Sudbury.com
