I have been an investigator with the Major Crime Unit for the past 7 years, during

which time I have been involved in over 100 death investigations. I have been a full time
certified New Hampshire Police Officer for 18 years. I graduated trom the New
Hampshire Police Recruit Academy and have attended numerous advanced Police
courses in Homicide investigation, to include Vernon Geberth's Practical Homicide
Investigation School and Advanced Death Investigation School. I am a certified Police
Polygraphist through the Pennsylvania State Police and North East Counterdrug
Polygraph School.

The factual basis for the issuance of the warrant is based upon information obtained
from my own personal knowledge, observations, beliefs, and training and experience and
the experience of other law enforcement officials assigned to this investigation as
outlined below. In addition to reviewing police reports and other investigative
information in the case, beginning in January 2010, I and other members of the New
Hampshire State Police Cold Case Unit have reinterviewed most of the witnesses who
were interviewed as part of the original investigation.

1) I reviewed reports of Keene police and fire officials who responded to the scene of a
fire on January 14, 1989. From those reports I learned the following information:

a) Keene Police Department received a call that there was a fire at 88 High Street in
Keene on February 14, 1989. Keene police officers were the first responders on
scene at 2:27 a.m. Ptlm. Joseph Collins learned from residents on the street that
people may still be in the house. He entered the house and searched apartment #8
but was overcome by smoke and could not search apartment # 4. The door to apt.
#4 was open and Ofr. Collins tried to enter the apartment but was overcome by
smoke. He yelled "police officer, is there anybody in here," but got no response.
b) Officers outside at the scene informed firefighters that they believed that all
residents had been safely removed from the building. However, as fire fighters
entered the second floor to fight the fire, they entered apartment #4 and located
Carl Hilla (DOB 7/13/1939) and his wife Lori Hina (DOB 3/2/1962). In the
apartment fire fighters also located Carl's 12-year-old daughter Sara lIina (DOB
1/26/1976) and Carl and Lori's 4-month-old baby Lillian I-lina (DOB 9/19/1988).
All four members of the family were non-responsive. Lori I-Iina and the two
.children were transported to Cheshire Medical Center. After initial attempts to
revive Lori, Sara, and Lillian, all three victims were declared dead at the hospital.
Dr. Charles Schofield responded to 88 High Street and pronounced Carl Hina
dead at the scene.
2) All of the witness statements and other evidence in the ease indicates that the fire
began in apartment #6, which is where Sandra Walker lived and was located on the
second floor of 88 High Street down the hall from the Hina family. Within minutes
of the tire, residents and visitors at 88 High Street were gathered outside the building.
Don Abrams, a visitor at 88 High Street, or one of the other residents, asked Walker
"What happened? Did you fall asleep with a cigarette?" Walker responded, "1
guess so."

3) Sandra Walker, who is now deceased, was interviewed several times by investigators
about the origin of the fire. At least two of these interviews were videotaped. The
following is a summary of each of Walker's interviews:

a) Walker was interviewed at approximately 10:00 a.m. on January 14, 1989. The
detective who interviewed her described her as "hung over" at the time of the
interview. She stated that she had been drinking heavily earlier in the night on
January 13, 1989, and went home some time prior to midnight and went to sleep.
She statcd she woke up to find her bed and wall to be engulfed in flames. When
Walker realized that she could not put out the fire alerted hcr stepbrother Bruce
Kennedy, who was in the apartment next door, and left the building through the
fire eseape in her stepbrother's apartment. When Walker was asked if a gas
heater could have been the souree of the fire, she responded that she "assume[ d]"
that she fell asleep with a cigarette.

b) Latcr that same morning after the Fire Marshall investigator Thomas Norton
rcached a preliminary conclusion that the fire appeared to have started on a couch
at the foot of Walker's bed, the detecti ve called Walker and asked her if she had
been smoking on the couch before she fell asleep. Walker stated she had been
sitting on the couch smoking a cigarette before she went to sleep and that there
was an ash tray on the floor in front of the couch.

c) Del. McLellan interviewed Walker again on January 16, 1989, to ask more
detailed questions about her observations of the fire. Walker stated that when she
woke up she observed flames on her mattress and the inside wall next to her bed.
She said she did not see any other flames. Walker tried to put out the flames on
her mattress but could not. Walker stated that the ashtray she used when smoking
was on the floor between the bed and the couch so that she could reach it from
either location. There was a shag rug on the floor in the apartment. Walker also
showed Det. McLellan a blister, which she said was a burn, the size of a small
eraser on the middle finger of the right hand.

d) On January 19, 1989, the police re-interviewed Walker in light or new

information that David McLeod (DaB 1/14/1956) may have been responsibl~
for sta11ing the fire. Walker told the police the following information during that
interview:

i) She went to a party at Ed Bussieres in the late afternoon and hung out with the
people there. She had a few drinks there. She stayed until about 8:00 or 9:00
p.m. when she left to visit Linda Colburn. She had some Sarnbuca to drink at
Colburn's and left because Colburn told her to go home and go to bed. By
 this point, Walker was "pretty buzzed." She had had more to drink than usual.
This was between 11:00 p.m. and 12:00 a.m.
ii) She entered her apartment and unlocked the door with her key because the
apaliment was locked. But when she got into the apartment, she is not sure
whether she locked the door again. She would also leave the window by the
fire escape open because it was difficult to regulate the heat in the apartment.
Anyone could come up the fire escape and come into Wanda's apartment.
iii) Walker got ready for bed right away. She assumes she sat down on the couch
to take off her pants because she remembered seeing her pants at the end of
the couch when she first noticed the flames after she woke up. She said that
when she got home from Colburn's she "passed out" pretty quickly.
iv) Walker told the police that she had no specific memory of smoking or even
lighting a cigarette in her apartment when she came home from Linda
Colburn's on January 13th. She stated that she assumed that she was
responsible for the fire because the fire had started in her apartment, she had
been drinking, and everyone was accusing her of starting the fire. During the
videotaped interview, Walker showed the police a burn on her middle finger
of her right hand. The burn is about half-way down the finger. She had no
memory of when or how she got that burn.
v) She woke up and saw the flames but has no idea what caused her to wake up.
She tried to pat the flames out with her bare hands but they were in all
different spots. It caused the flames to get bigger as if she was fanning the
flames. She jumped up and started screaming and pounded on the wall to the
apartment next to her. She ran to the bathroom to get water. When she turned
around there were flames everywhere and she realized that she couldn't put
them out so she left and warned the other residents.

vi) She went into the hallway and started screaming. Her stepbrother Bruce came
out of an apartment across from the Hina's apartment. She then fled from the
building and went to Aurea Parker's apartment across the street.
e) On January 21, 1989, Sandra Walker was interviewed a fourth time on video in
the presence of Fire Marshall investigator Tom Norton and AAG Peter Beeson.
Using a diagram on a whiteboard, Walker narrated and marked her different
actions and observations. Her account ofthe fire and her actions is largely
consistent with her interview on January 19, 1989. She did say that her eyes were
not burning and the room was not smoke-filled when she stood up after first
noticing the flames. She was not coughing or choking. She also did not feel any
intense heat when she stood up. She noted that the smoke detector started to go
off after she opened her door and went into the hallway.
4) Linda Colburn provided the police the following information: S~lndy Walker had
spent the evening of January 13th with Linda Colburn. Walker arrived at Colburn's
apartment around 9:30 on January 13th. When Walker arrived, she had a "minor buzz
on." (In a later interview Colburn said that Sandy was "drunk" when she arrived at
 her apartment.) Walker consumed one drink of Sambuca at Colburn's apartment.
Colburn told Walker to leave around 10:45 p.m. when Colburn wanted to go to bed.
Walker seemed as if she could walk alright when she left Colburn's. However, on the
way out the door, Walker knocked the ash off of Colburn's cigarette and burned a
hole in Colburn's carpet. Colburn's bedroom was directly across the street from 88
High Street (approximately 300 feet away). She woke up around 2:15 a.m. to the
noise of break glass and someone yelling "fire." The fire department did not arrive
until a considerable amount of time later.
5) At the time the fire broke out, several people were attending a social gathering in Ed
Bussieres's apartment located on the first floor of 88 High Street. Ed Bussieres was a
long-time resident of 88 IIigh Street and considered the de facto property manager.
Several of the people at Bussieres's apaI1ment were drinking and or smoking
marijuana.
6) Donald Abrams was one ofthe guests at Ed Bussieres's apartment. Abrams looked at
the clock at 2:00 a.m. when he heard a smoke detector go off. At the SaIne time he
heard a lot of stomping upstairs. At first he assumed that the smoke detector went off
because someone was smoking. When other residents went outside and said there
was a fire, Abrams checked for himself and then wcnl back inside and call the police.

7) Elisabeth LaCourse, one of the residenls ufthe second floor of 88 High Street, opened
the door to the Hina's apa11ment aflt:r the fire broke out. The 12-year-old girl, Sara
Hina, met LaCourse at the door. LaCourse grabbed the girl by the hand to lead her
out of the building. Sara pulled away and retreated in the apartment. LaCourse tried
to grab Sara again but LaCourse was having difficulty breathing so LaCourse fled the
apartment.

8) After Don Abrams called the police, he went outside and watched the fire. He heard
a window break and saw glass fall. He then heard someone say there was a baby
inside. Abrams stood under the window with his jacket as a sling and yelling to
jump, expecting someone to throw the baby. He could not see anything except smoke
coming from the broken window. He and other residents climbed onto an
overhanging roof and attempted to rescue the Hinas but he could not reach the
window.
9) From the photographs and descriptions in the reports of the physical evidence in the
llina apartment, it appeared that after Sara retreated into the apartment after she broke
away from Betty LaCourse. After this, some object appeared to have been thrown
tlu·ough the window but got stuck in the curtains. It appears that that Carl Hina tried
to hreak the window to escape but became overcome with smoke. The baby Lillian
Hina was ultimatdy fOlllld in her car scat near the window afthut room in the Hina
apartment. Carl Hina and Sara Hina were also found in that room. Lori Hina was
found in the kitchen.
10) Pire investigators from both Keene Fire Department (KFD) and the Fire Marshall's
Office responded to the scene and within a short time after the fire was extinguished
began to investigate the cause and origin of the fire. KFD quickly took steps to
preserve the origin of the fire in order to allow the arson investigators and the Fire
 Marshall's Office to investigate the scene. Photographs and video was taken of the
house within hours of the fire having been extinguished. Fire investigators initially
determined that the origin of the fire appeared to be a couch in Sandra Walker's
apartment, which was apt. #6. Because an ash tray was located on the floor near the
heaviest burn patterns on the couch, KFD arson investigators reached a preliminary
conclusion on the morning of January 14th that the fire was accidentally caused by
smoking materials.
11) On January 16, 1989, the Keene Police and Fire Departments and the Fire Marshall's
Office issued a press release indicating that there was "probable cause" for the fire
being caused by smoking materials in Walker's apartment. These conclusions were
reported in the local media.
12) At about 10:30 p.m. on January 16, 1989, Keene Police Ofr. Bill Sargent, who is now
deceased, received a call from dispatch that Danny Castor requested to talk to Sargent
and only Sargent. Sargent met with Castor also and Castor told him that he had
information about the cause of the fire but was adamant that he wanted to remain
confidential. Castor told Sargent that he was at Kurt Frazier's house with David
McLeod, Bonnie Faulkner, and K1ll1Frazier on the night of January 13, 1989. Castor
said that McLeod was drunk and high on cocaine and was upset at his ex-girlfriend
Wanda Winchester (Ford), who lived at 88 High Street. McLeod was upset because
Wanda was having sex with other men who lived at 88 High Street. McLeod then
laid Castor and the others that he (McLeod) should set the house on fire. Castor latcr
learned from Kurt frazicr that McLeod left Frazier's apartment and returned some
time later that night. Frazier told Castor that McLeod told him that he lit 88 High
Street on fire by entering Sandy Walker's apartment because her door was open.
frazier related to Castor that McLeod was excited about having lit the house on fire.
McLeod left and returned to Frazier's again. This time McLeod went back to watch
the fire at 88 High Street and had some altercation with the police or fire fighters
outside the house.
13) That same night, Danny Castor agreed to conduct a videotaped interview at KPD. In
that interview Castor provided the following information:
a) He stated that he was hanging out with Kurt Frazier and Bonnie Faulkner when
McLeod showed up. Castor had known McLeod for years and was friends with
him and could tell that something was wrong with him because of the way he was
acting. Castor suspected the McLeod was on cocaine because his eyes were
bulging and Castor had experience with cocaine. During the course of the
conversation, McLeod made statements about wanting to burn down "the Hilton"
-- McLeod's name for 88 High Street. Castor staled he (Castor) would change the
subject because he did not want to talk to McLeod about that. Castor claimed that
he tried not to pay attention to McLeod's statements. Eventua]]y Castor and
McLeod left Frazier and Faulkner. Castor and McLeod went to 88 High Street.
Castor wanted to visit Wanda Ford and Samly Walker but Walker was not thcrc
so Castor left after about 10 minutes.
b) Castor stated that he was home on Saturday morning when Frazier and faulkner
came over and told him that McLeod returned to their apartment around 2:30 a.m.
 Frazier told Castor that McLeod told him that he had set fire to Sandy's
apartment. Frazier told Castor that McLeod was laughing and saying, "you ought
to see them people." Castor stated that McLeod had told Frazier more details
ahout his intentions hefore the fire and afterward. On Saturday morning when
Frazier and Faulkner were telling Castor about McLeod's statements, they were
"scared shitless" and "truly believed [McLeod] set the fire."
c) As Castor, Faulkner, and Frazier were discussing McLeod's behavior and what
they were going to do, Castor noticed McLeod arrived and had been listening to
thcir conversation. Castor was very upset with McLeod and asked him why he
did it. McLeod did not respond.
c1) In the time before the fire, Castor had been with McLeod and Wanda Ford
drinking when McLeod talked about how the "Hilton" was a dump and he didn't
like the people. He referred to the people who lived there as "mullets" and "rats."
e) Castor told the police that his conscience had been bothering him about McLeod's
statements because Castor had children of his own and knew the Hinas. He also
considered McLeod a good friend so Castor was very reluctant to come forward.
14) On January 17, 1989, Ofr. Sargent received a call from Bonnie Faulkner who also
wanted to talk to him alone and was concemed about coming forward with
information. Faulkner related that she had information that David McLeod set the
lire at 88 High Street. Sargent interviewed Faulkner on the evening of January 17.
a) Faulkner was dating KUlt Frazier at the time. She stated that on friday, January
13th, she, Frazier, Danny Castor and David McLeod were hanging out at Frazier's
apartment, which was a short distance from 88 High St. McLeod was drunk and
agitated. He talked about blowing the "whorehouse" and blowing up the "Hilton"
-- McLeod's name for 88 High Street. He talked about using gas. He also said
something to the effect, that it was Friday the 13th and Freddy i:; back and that it
would be a nightmare on High Street. Faulkner and Frazier went to bed around
I 1 p.m. and Castor and McLeod left.
b) McLeod returned to Frazier's apartment between 2:30 and 3:30 a.m. and woke
Faulkner and Frazier up. McLeod was acting crazy and "wild eyed." He said, "I
did it, Itorched the whorehouse. Itorched the Hilton. Yeah, it's really cooking."
He was talking about how everyone at 88 High Street was homeless. McLeod
told Frazier and Faulkner that he started the fire in "Sandy's room." Faulkner
heard McLeod say that Sandy's door was open. McLeod said something to the
effect that Sandy wasn't home or in at the time he started the fire. Faulkner also
stated that she did not personally know Sandy Walk<;;r,but later learned that h<.:r
apartment was direct ahove Wandu Ford's apartment. Faulkner also stated that
Sandy Walker was not friends with Frazier or Castor either. McLeod left after
about 15 minutes and because Frazier and Faulkner did not hear the fire alarms
from the Ere station next door they thought that McLeod was l11i1kingit up at that
time.
 1h
c) Faulkner found out about the fire around 6:00 a.m. on January 14 . McLeod
returned to the apartment and was babbling. Frazier left to get coffee and when
he returned he confirmed the fire and learned that 4 people had died. Frazier
accused McLeod of murder and kicked him out of the apartment. He was very
upset and screaming at McLeod how he killed four people in the fire. McLeod
responded, "I didn't do it Kurt, I didn't set the fire Kurt." Kurt was hysterical and
screamed back at McLeod, "You did, you said you did, and there's four people
dead, and that place is burnt." McLeod just responded, "OK, l' llieave."
Faulkner told the police that she, Frazier, and Castor were all convinced that
McLeod had started the fire until they read in the paper a few days later that the
fire started by a cigarette.
d) After this exchange between McLeod and Frazier, Frazier and Faulkner talked
and cried and then went out for breakfast where thcy ran into people [rom 88
High Street. They then went over to Danny Castor's apaltment to talk to him
about the events of the night before. While they were talking about what they
were going to do about McLeod's admissions, McLeod had entered Castor's
apartment and was standing there listening to the other three without their
knowledge. McLeod finally said, "I'm SOlTY for how I acted at your housc, but I
didn't really do it." McLcod then offered some explanation for his whereabouts
and claimcd he never Idt Ed Bussieres's apartment except to urinate. McLeod
said at one point that he never saw Wanda Ford that night. Castor told McLeod
that was not true because Castor had been at ford's apartment that night with
McLeod after they Idt Frazier's.
e) Faulkncr told the police that she believed that McLeod was upset with Wanda
ford. He was also upset at the other people at gg High Slreet because they would
beat him up from time to time.

t) Faulkner told the police that on January l6lh, she, Frazier, and Castor talked about
what to do. They were concemed about coming forward and ruining McLeod's
life ifit was just a coincidence. Finally, she decided to come forward because she
was convinced McLeod started the fire.
g) Although both Frazier and Castor had been drinking on Friday, January 13th when
McLeod talked about burning down 88 IIigh Street, Faulkner stated that she had
only consumed 3-4 beers in the course of2-3 hours. She stated that Frazier was
"completely sober." Castor, on the other hand, had consumed more beer.
McLeod was completely dnm_k. After Faulkner related this information tu Ofr.
Sargent, she agreed to do a videotaped interview, which was completed that same
night.

15) Hasl.:u all the information provided by Castor and Faulkner the Keene polict: bcgan to
reinterview witnesses about the events of January 13-14.
16) P.d Bussicres told the police that on January 13, an informal gathering occurred at his
apaItment at 88 High Street. There were ahout 12-14 people at the pmty during the
course of the evening, many of whom came or went over the course 0 r the evening.
Sandy Walker was at the party and left around 8:00 p.m. to go to Linda Colburn's
 home. She was not intoxicated at that time. David McLeod arrived at some point and
stayed until the tire sta11ed. Dussieres remembered that McLeod came and went from
the apartment 4-5 times bdore the iin:. Bussieres relatcd that McLeod was not really
friends with any ofthe people at gX High Street. Many peoplcjust tolerated him but
found him obnoxious and annoying. After the fire was discovered, McLeod was
being obnoxious to the police. McLeod was joking about the fire. Bussiercs stated
that he punched McLeod a few times to get his attention and force him to comply
with the police officer's commands.

17) Judy MacDonald was at Bussieres's paliy. According to her statement to the Kecne
police, she had little to drink and was one of the most sobcr persons there that night.
She saw David McLeod show up at Bussieres's some time around midnight. Just a
few minutes earlier, McLeod was interfering with a dart game that the other residents
were playing. When he walked in front of the dart board he was wearing his outdoor
coat. She noticed that McLeod was wearing his jacket in the apartment which was
odd because it was so hot in there. When McLeod walked in front of the board, Don
Abrams told him to get out of the way or he was going to hit him in the head with the
dart.

1g) At about 2: 10 to 2: 15 a.m. Judy MacDonald heard the smoke detector beeping
upstairs. Atiirst she thought it was an alarm clock and asked Bussieres what it was.
Bussiercs told Wailda Ford to check on it. She then heard people running around
upstairs and heard glass breaking. Then Bussieres announced there was a fire and
everyone needed to get out. MacDonald left in her car and returned a short while
later. She saw McLeod outside and heard him make some comment about how he
thought the fire was tlumy. A number of residents were upset at McLeod because of
his attitude toward the fire.

19) Aurea Parker, who lived across from 88 High Street, came home from work at about
2: 10 a.m. When she arrived there was no fire and everything in the neighborhood
seemed calm. She sat down in her apaltment and could see out toward 88 High Street.
She saw two vehicles leave 88 High Street. About 3 minutes later she saw flames
(and not just a glow) coming from Sandra Walker's apartment. She ran outside and
saw David McLeod on the street watching the fire. He stated sarcastically, "Too bad
about the fire." Parker then returned to her apartment where various residents fi'om
88 High Street gathered, including McLeod and Sandra Walker. McLeod was drunk
and Walker appeared to be mildly drunk.

20) A number of people who lived at or around 88 High Street observed McLeod out on
the street watching the building burn and heard him make comments about the tire.

a) McLeod approached Robert Lallx and said to him, "1 did a pretty good job" as
McLl:od watched the fire. McLeod was drunk and also mumhling about how
people wanted to ki II him.

b) Elisabeth LaCourse, another resident of 88 High Street, saw McLeod out on the
street while the fire was burning. He said to her, "Do you think I did a good job?"
and "Did I do it up right'?" He was intoxicated allhis point hut he did not appear
to be joking. He also said to r .aCoursc, "How does it feel to be out in the cold
 now? You should call your insurance company." He was being an "obnoxious
asshole" when he made these comml:nts. LaCourse also told the police that she
had had a conversation with McLeod during the summer of 1988 when he
rTll:rJtionedburning down RRHigh Street. This occurrl:d after McLeod had broken
LIpwith Wanda Ford.
c) Donald Abrams saw McLeod at an apartment across the street after the fire
department arrived. Mcl.eod said to him, "I guess 1 fixed them yahoos. 1 did it
good." Donald Abrams did not take McLeod seriously because everyone
assumed that Sandy Walker had started the fire by falling asleep with a cigarette.
While the building was burning, McLeod was being obnoxious and calling
evcryone from 88 High Street "yahoos."
d) Bruce Kennedy heard McLeod afterward say, "I really started that onc good."
He was upset at McLeod and told him to shut up because that was a sick joke. He
did not initially believe McLeod stmied the fire when McLeod made these
comments because Kennedy assumed that Walker had fallen asleep with a
cigarette and that caused the fire. Like others, Kennedy has heard McLeod refer
to the residenls of 88 High Street as "yahoos."
e) Linda CoIbut11saw McLeod after the fire started. She heard him say, "let it burn"
and "why is everyone mad at me?"
t) McLeod said to Wanda ford, "Didn't 1 do a good job, just let the fucking hole
bUt11." He then tUl1lcd to Wanda Ford and Betty LaCourse and said, "you better
go to your insurance agency in the morning" and started laughing.
g) Bruce Walker, who is now deceased, also saw McLeod after the fire started ,md
McLeod said to him, "I did it good," referring to the fire. lie also said something
to the effect, "I guess 1 showed them." lIe was making "dumb ass" comments
indicating that he had started the tire and would not shut up about it. lIe would
ti'cquently refer to the residents of 88 High Street as "yahoos."
21) Diane Buckley informed the police that around 6:30 a.m. on January 14th, she stopped
at 88 High Street to see what happened to the building because she knew several of
the residents. Buckley entered Ed 13ussieres's apartment looking for police or fire
fighters to find out who had died in the fire. When she entered Bussieres's apaltment,
she saw David McLeod, who she knew. He was watching television and drinking a
beer. She asked McLeod what happened and he said, "a lot of shit went down." She
then asked him who died in the fire. He responded, "what do you mean, who died?"
Based on M\;Leod's demeanor, 13uckley believed that McLeod was unaware until that
point that anyone had died in the fire He then stated, "If anybody died, I'm gonna be
pissed" McLeod then said, "that will mean it was Sandy because thl: lire stUited in
Sandy's." Buckley asked McLeod where Don Abrams was and McLeod responded
that he was with Wanda Ford. McLeod was upset about how his down jacket was
ruined by the water from the fire fighting efforts. McLeod then said that the firc had
been mishandled, it should never have gotten out of hand beL:uuse people should have
tried to put it oul before they called the fire department. McLeod was giggling
throughout this conversation. McLeod then talked about old times and growing up in
 Keene and hI;:was acting stl'angely. Buckley turned to leave Wht:Ilshe was
confronted hy a police officer who asked her what they were doing in the building.

22) OfT. Buucher intercepted Ruckll;y and McLeod leaving XXHigh Street as he (lrJd the
other olficers were putting up crime scene tape. McLeod was not wearing ajackct.
He told Boucher that at the time of the fire he was drunk and still was. McLeod was
holding a can or beer, which he said he got from Bussieres's apartment. Off. Boucher
let MeT,eod leave.

23) During the investigation, the police learned more about the relationship between
McLcod and Wanda Ford. David McLeod had dated Wanda Ford for about 6 years
and they lived tugcther at 88 High Street. Most of the other residents at 88 High
Street did not like McLeod but tolerated him because he was dating Wanda.
24) Sometime in the summer of 1988, McLeod had an affair with another woman and
Wanda broke up with McLeod. McLeod tried to get back together with Wanda but
she would not take him back. McLeod became depressed and suicidal after the break
up with Wanda.
25) Nonetheless, McLeod and Wanda remained friends and she slept with McLeod one
time after their break up. McLeod would sleep at Wanda's apmiment at 88 High
Street on several occasions after the break up but he was always reJt::gatedto sleeping
on the floor. After McLeod and Wanda broke up, Wanda became fairly promiscuous
with other residents of 88 High Street. One time when McLeod slept on the floor at
Wanda's apattment, Wanda was in bed with Don Abrams, one of the residents at 88
High Street she had a sexual relationship with. Wanda was aware that McLeod
became "sick and tired" of her "pattying" with the other residents of 88 High Street.
McLeod was also upset that she was having sex with one of his best friends.
20) Some time during the summer of 191\8, McLeod was present at a gathering outside of
88 High Street. J Ie told Wanda Furd that he would like to see 88 High Street burn so
that she could do better for herself.
27) About 2-3 weeks before the fire McLeod asked Wanda, "do you have any personal
belongings in the barn that you would like to save?" Wanda asked him what he
meant. McLeod responded, "you know those two blankets you have out on the
clothesline, if they mean anything to you, you'd better bring them in because they
definitely can start a fire, real quick." Wanda asked him what he meant by that.
McLeod responded, "well, I'm going to go out in the barn and I'm gonna start a fire
there, and once 1 get that on fire, I'm gonna go to your apartment and you're gom1a,
your apartment is going to be next." Wanda asked him why he would do that. He
responded, with words to the effect "because Twant to see you burn in hell bitch" or
"I'm going to burn you out bitch, I'm going to burn you to hell." lIe then left
Wanda's apartment and went out to the barn. She was so worried that he would do it
that she followed him. Wanda explained that when he made these statements, he was
upset bc<;ausc she would nut let him sleep at her apmtment. She said on other
occasions when she refused to let him sleep at her apaltment, he would sleep in the
barn at 88 High Street.
2~) In other interviews, Wanda said that she did not take McLeod seriously because he
was drunk when he made these kinds of stat~ments. She said did not think M<:Leod
could start the fire. She did not take him seriously when he threatened to hurn her
and the house.

29) On Friday, January 13, 1989, McLeod stopped by Wanda l'onl's apal1ment at 88
High Street in the mid-afternoon. He was mildly buzzed at that point. He started
asking Wanda about who she was having sex with at 88 High Street. He was
needling her to make Wanda upset. These comments, in fact, made Wanda very
upset. McLeod then left. Wanda next saw him around midnight or 12:30 a.m. on
January 14th at 88 High Street. By this point, he was extremely intoxicated and
obnoxious. Wanda had told McLeod she needed him to stay out of her apat1ment so
he did not disturb her friend, who was sleeping in Wanda's apartment because the
friend was very sick.

30) In addition to the issues relating to Wanda Ford, McLeod did not like the other
residents at 88 High Street and had gotten into physical confrontations with Ed
Bussieres in the past. In fact the night of the fire, Bussieres pushed McLeod a few
times because he was being obnoxious. Around Christmas time 1988, McLeod was
very drunk and obnoxious at Ed Blissieres's apartment. McLeod was giving Don
Abrams a hard time. Finally, Abrams pushed McLeod, who fell down and knocked
down the Christmas tree and hit his head on the window sill. Bussieres told Wanda to
remove him from the apartment. McLeod got away from her and continued after
Abrams. Blissieres grabbed McLeod and poked him in the throat 2-3 times before
Wanda removed him from the apartment. She then brought McLeod to her apartment
and left him there because he was so drunk. Abrams also stayed in the apartment and
fell asleep. When she returned he had trashed her apartment and threw lit cigarette
butts around the room that left burn marks in her carpet. McLeod woke up around
4:00 a.m. and was a real jerk to Wanda. Wanda ordered McLeod to leave. McLeod
refused to leave until Abrams left too. Wanda eventuaJly made both McLeod and
Abrams leave her apartment.

31) Don Abrams told the police that about three weeks before the fire, McLeod was upset
with Bussieres and Abrams. He positioned his hand and fingers like a gun and
pointed it at both Bussicres and Abrams. He stated, "I am gonna take care of you two
guys" and then said "click, click .... boom, boom" as if he was simulated shooting
the two of them.

32) On Jnnumy 18, !989, the police went to McLeod's home in Marlow, NH. Keene Det.
James McLaughlin introduced himself and asked McLeod if he would agree to an
intc:rview about the fire at S8 High Street. Me! ,eod responded that he was there and
agreed to go to Keene PO to be interviewed on videotape. McLeod was transported
to KPD by the detectives. During the trip, McLeod talked about his plans to movc to
Arizona to live with his sister. He said that he had already had a plane ticket booked.
When they arrived at the station, McLeod mentioned tht: fire for the fir:!t time. He
said that "of all the yahoos who could have been killed, it was a shame the IIinas
wen~ the ones to die."
33) When they arrived at the police station, Det. McLaughlin Mirandizcd McLeod and he
agreed to waive his rights and speak to the police. The police conducted a videotaped
interview with McLeod that lasted approximately 1 hour. During that interview,
McLeod related following to the police:

a) He said that on the evening of January 13, after he got dinner at a restaurant in
Keene he bought a case of beer and went to visit friends on Elm Street. McLeod
refused to tell the police the name of the friend or where he lived on Elm Street,
but it is clear from the context of McLeod's statement that he is referring to going
to Kurt Frazier's apartment. McLeod acknowledged he was hanging out with
threc friends but would only give the police the name of Danny Castor. Later in
the interview, McLeod began referring to "Kurt." Eventually, McLeod
acknowledged that he was hanging out with Frazier that night. He stated he did
not want to mention Frazier's name because he was "a good friend" and did not
want to cause him problems by mentioning his name.
b) McLeod told the police that he went to high school with Castor and that "his
integrity cannot bc questioned, except for excessive alcohoL" McLeod stated that
that night Castor was only half intoxicated. McLeod described his own level of
intoxication as around a 0.15 hut that he was rational and knew what he was doing
when he left Frazier's home.
c) McLeod told the police he left Frazier's apartment around 10:30 p.m. with Castor
and they walked together to "the Hilton." When the police asked McLeod where
that was, he confirmed it was 88 High Street and made a joke about how it is
called that because they give out free soap and towels. McLeod said that "some
yahoos" live there and mentioned Ed Bussieres. McLeod said he arrived at
Bussieres's around 10:30 or 11:00 p.m. and there were a number of people there,
including Wanda Ford. McLeod left: Bussieres's apartment about ~ hour after he
arrived to gel some more beer because he finished the case he had with him from
earlier in the night. McLeod claimed that he did not leave Bussieres's apartment
again even to go out onto the porch until the fire broke out.
c..l) McLeod stated that when the fire broke out he told a police officer that there
might still be people in the building. McLeod claimed that he was concerned
about Carl Hina and his family because the rest of the "yahoos can get run over
and damn near killed, and they glue them back together in 14 days they're out
paving driveways." McLeod claimed that the officer threatened to arrest him if he
did not leave the property immediately. McLeod said that he then went back to
frazier's apartment and woke Frazier and Faulkner up (although hestiII refused to
name these individuals). McLeod claimed that Frazier already knew that four
people had died because he had heard it on the scalmer.
e) McLeod then stated he again left Frazier's apartment and went back to
Bussicres's apartment cwd entered 88 IIigh Street to get his coat. He was in the
building and grabbed a beer and his coat, which was soaking wet from the fire
fighting, so he sat down and started to watch TV. McLeod then said he ran into
some woman he knew from high school who was in the apartment too.
Eventually he decided to leave Bussieres's apartment and on his way out he ran
 into the police who were putting up crime scene tape. McLeod said he then left
88 High Street and went back to Frazier's again.
f) McLeod acknowledged that he and Wanda dated about 4 12 years before t.hey
broke up during the summer of 1988. McLeod was aware that she was dating a
number of people after they broke up but he claimed that he remained "best of
friends" with Ford. McLeod also claimed that he was friends with everyone who
lived at 88 High Street and had no animosity toward anyone in the building.
McLeod did acknowledge getting into a fist fight one time with one of the
residents.
g) When the police confronted McLeod about how his story was inconsistent with
information they had learned from others, McLeod acknowledged that a few
weeks before the fire he had had a disagreement with Wanda and threatened to
burn her apartment down. McLeod also acknowledged that after the fire was
burning at 88 High Street on January 14th, Ed Bussieres came up to him on the
street and punched him a couple of times and told McLeod to "stay out of it."
McLeod claimed he did not know why Bussieres did that.

h) McLeod eventually acknowledged that when he went to Frazier's apartment, he

told "Kurt" that "I lit the Hilton." McLeod claimed that he was just kidding and
wasn't aware that anyone was hlUt. McLeod said that he knew the fire started in
Sandy's apartment because he could see the names coming from there. He said
he might have told Frazier that. Frazier responded by telling McLeod to leave
because he did not want the police coming to his house. McLeod adamantly
denied that he made any statements to Frazier, Castor, or Faulkner about
intending to burn the "Hilton" down before the fire started. McLeod also claimed
he was only joking when he told frazier that he lit the fire after it started.

i) During the course of the interview wit.h the police, McLeod stated that he knew
that Sandy Walker's apartment was directly above Wanda Ford's apartment. He
also knew that Sandy Walker always kept her door unlocked. I-Iealso told the
police that he didn't realize that Sandy Walker was home that night.
j) After McLeod adamantly denied lighting the fire or making any statements before
the fire to Frazier, Faulkner, or Castor, the police repeatedly told McLeod that
they did not believe him and that he was lying. Even after the police told McLeod
that Castor had disclosed McLeod's statements about intending to burn 88 High
Street before the fire started, McLeod continued to acknowledge that Castor was
honest and would not lie. The police then asked McLeod how long he had been
using cocaine. McLeod respondd by asking to consult with a lawyer and the
interview ended.
34) The Keene police learned from Wanda Ford that on January 22, 1989, McLeod
contacted ford and asked her whether she thought he started the fire. He said that he
thought he would remember if he had done something like that but he wanted to
know what she thought because he had been drunk and she was sober that night. She
told him that she didn't know if he did or not. He also said that he did not remember
saying some of things that people heard him say about the fire that night. McLeod
 responded that ifhe had startcd the fire hc would have done it in Wanda's apartment
and he would have used gasoline to stm1 the whole room on fire. I Ie told Wanda that
he still had really deep feelings for her.

35) On January 23,1989, the police learned that McLeod planned to leave New
Hampshire and move to Arizona. Detectives McLaughlin and Parsclls visited
McLeod at his parents' house that day. He was cordial. He told Det. McLaughlin
that he had consulted with Attorney Schweitzer after the interview but that
Schweitzer wanted a $50,000 retainer. Det. McLaughlin then asked McLeod whether
he was willing to take a polygraph because McLeod had agreed to do that before he
terminated the interview on January 18th. McLeod responded that he was scheduled
to leave for Arizona on a plane that day. The police told McLeod that the polygraph
would not take long. McLeod said he wanted to consult with Attorney Schweitzer.
Then said that he was not in the best frame of mind when he was interviewed on ]/18.
He said that he had been drinking heavily on the night of the fire and was having a
hard time recalling what took place. He said he had only had that experience once
before but never to the same extent as that night. McLeod said that he was not
opposed to bt.::ingquestioned by the police but on 1/18 he felt that the questions were
''t:rratie'' and he was shocked and upset by the tone of the interview. McLeod then
talked about his travel plans to Arizona and assured the detectives that he was not
running away. He offered to leave contact information for Arizona. Det.
McLaughlin suggested that McLeod delay his travel plans given the seriousness of
this case. Later that day Attorney Schweitzer contacted Det. McLaughlin and told
him that McLeod declined to take the polygraph and was leaving for Arizona.

36) According to witnesses interviewed by the Keene police in 1989, McLeod had been
planning on moving to Arizona where his sister lived for about a year before the fire.
He finally dcternlined that he was going to leave either in February or March 1989.
However, within days after the fire, McLeod purchased a plane ticket and left New
Hampshire. McLeod also disposed of his house in Marlow, NH by negotiating a rent
to sell agreement with a friend of his. McLeod initially moved to Arizona and
eventually to California, where he is currently residing. There is no evidence that
McLeod ever returned to New Hampshire to live after the fire.

37) On January 18,1989, Kurt Frazier came to Keene Police Depm1ment but refused to
talk to any law enforcement officers other than Cheshire County Deputy Sheriff
William Daniels. Deputy Daniels was a close family friend of Frazier and had even
been in Frazier's wedding party. Deputy Daniels is now deceased. According to a
report written by Deputy Daniels in 1989, frazier told Sheriff Daniels the following:
1\ friend (he would not give the person's name) was at his apartment on Friday,
January 13th and stated that he was going to hurn down the hOllse wherc Sandy
Walker lived. The friend then left and returned around 2:00 a.m. The fi'iend was
very drunk and said that he started the fire in Sandy Walker's bedroom. The friend
It:H and returned to the fire scene. When he tried to get into the house, the police
stopped him. Frazier told Deputy Daniels that the reason McLeod started the fire was
because some woman was "parking" another guy at 88 High Street. Frazier refused
to give any kind of formal statement to law enforcement. Frazier said that he did not
want to be responsible for sending his friend to jail. Frazier said that he would return
 to the police station the following day and give a statement, "when he got a few
things ckar in his mind."
3X) On January 19, 1l)g9,Frazier rclurned to the police statiun but he still refused tu
couperate and provide information against McLeod. Frazier confirmed thaI McLeod
had been to his apaliment bd'ore and after the Lire. He said, "what I know about this
could put him in jail for life." Nonetheless, he met with the police for 2 1'2 hours.
Sgt. IIal Brown tried several approaches to convince Frazier to cooperate but he
steadfastly refused. Frazier stated the only way he would provide a statement was if
he was promised in writing never to have to testify or talk about the event again.
When Sgt. Drown told Frazier he would consider it, Frazier responded that he did nut
trust the systetl1 and said he would refuse to testify and would go to jail instead.
Frazier also said he wanted to talk to two people before he decided whether to
cooperate. Frazier came back to KPD on January 20 and told the police that he talked
to the person he wanted to consult with and he refused to give a statement.
39) Arter the preliminary conclusion on January 16 that the fire was caused by a cigarette,
the fire marshall investigator re-examined the evidence. The authorities applied [or a
warrant on January 18 to examine the burn patterns and collect the burned remains of
the couch from Walker's apartment. The police then applied [ur a second wan"ant on
January 20 to re-examine the apartment and take additional photos and video.
40) Initially, investigators felt that the fire developed as a slow burn. After reexamining
the scene and reviewing the evidence the fire marshall investigator Thomas Norton
concluded that the fire develuped rapidly. On January 25, 1989, Fire Investigator
Norton and others conducted a "controlled bum" ur stuffing from Walker's couch in
the evidence ruom of KPD. When a lighter was placed in direct contact with the
Sluffing, it would not light on fire. The lighter was then applied to the stuffing for 30
seconds. The stuffing still did not ignite into Dame but smoldered and gave orr some
smoke. After 3 minutes the smoldering slowcd down. The stuffing was turned over
to provide mure oxygen. The stuffing began to smoke more and more. At the six
minute mark the smoke was so extensive that it was bothering everyone in the 1'00111.
The burn was terminated at that point.
41) On January 27, 1989, Fire Marshall Investigatur Thomas Norton issued his final
report about the origin and cause of the fire. His summary conclusions were that the
probable point of origin was the couch in Walker's apartment. He was unable to
conclude what material was first ignited but that the probable source of ignition was
"incendiary w:tivity involving an open flame." Inv. Norton noted in the report that
there was some <:vidence to suggest that the fire wa::;started by a cigarette.
Nonetheless, he concluded that "the majority of the evidence indicates that the fire
could not be the result of smoking materials." He reasoned that ifthe fire had been a
slow burn from a cigarette, the smoke and carbon monoxide would have killed
Walker or at least caused her severe discomfort. Walker had no serious burns, nor
did she repo11 any discomfort from the smoke. Walker reported that she could see
across the room, that it was not hot or smoky, and she was not coughing or <:bukiIlg
when she stood up. Norton also reasoned that the burn patterns indicated that the fire
did Tlolactually start on the couch but rather in front orit. Norton also ruled Ollt all
 accidental sources of fire and concluded that it was the result of a human incendiary
act.

42) In February 1989, Kurt Frazier was subpoenaed to appear before the grand jury.
When Dep. SherifTDaniels served Fral'.ier with this grand jury subpoena, Prazier told
him that he did not recall any events from Jan. 13-14 because he had too much to
drink. Frazier told Daniels hc knew that McLeod came to his apartment but could not
remember any other details.
43) No charges were sought against McLeod in 1989 and very little investigation was
conducted on the case after February 1989 until 2001. In October 2001, Keene Cpl.
Steve Tenney and AAG Simon Brown interviewed Kurt Frazier. This was the first
recorded interview with Frazier about the events of January 13-14, 1989. Frazier
stated he decided to come forward to finally resolve the case and contacted Trp. Pete
Riesenberg. Frazier told the police the following information in 2001:
a) KUJ1 Frazier was a mason and in November or December 1988, he was hired by
McLeod to do work on McLeod's home in Marlow. Frazier learned the McLeod
had broken up with his girlfriend and was very depressed about that. McLeod
told Frazier that he had learned that his ex-girlfriend had sex with a couple of
other guys at a party. McLeod was so upset about this that he could not help
Frazier do the work on the house. Frazier told McLeod to just pay him for the
work done. A week or two later, Frazier arrived home and found McLeod asleep
in the trash in Frazier's entry way. When McLeod woke up he told Frazier that he
had sold his house and would have the money on Friday.
11) On the following Friday (January 13th), McLeod showed up at Frazier's house
with a case 01" beer and the $600-700 he owed Frazier. Danny Castor showed up
that same night. They all started drinking beer. McLeod was acting strangely and
talking about Preddy Kruger and saying, "I'm back" because it was Friday the
13th. Around 10 p.m., Frazier eventually told McLeod and Castor they had to
leave because Frazier had to go to work the next day. McLeod and Castor left to
go to Ed Bussieres's apartment. McLeod later came back to Frazier's apartment
and told him that he had had a confrontation with Bussieres and Bussieres had
punched him. McLeod said he then went to High Street Markt:t and bought a
lighter and climbed up the back fire escape to Sandy Walker's bedroom and lit the
couch on fire through the window. McLeod told Frazier that the couch was
against the window and he reached in the window and lit the couch on fire with
the lighter. When McLeod was telling Frazier this story, Frazier did not believe
McLeod because Frazil:r Iived right next to the tire station und had 110theard the
fire alarm. McLeod then l<;:[tFrazier's apartment again. Frazier confirmed that
Bonnie Faulkner was present when McLeod told this story.

c) Frazier then said that McLeod came back 1-2 hours later. This time he said that
he went hack to watch the tire and the house was on fire and all the "yahoos"
were standing on the street. McLeod said that Carl and his family must be on
vacation because they were not autun the street with the other residents. McLeod
lell again and returned later in the morning. McLeod was making a lot of noise in
the kitchen of Frazier's apartment. It sounded like he was having a party but he
 was alone. Frazier went out to quiet McLeod down. MeT ,eod said hI.:had gone
back to High Street anu made statements to people that he had started the tire.
Mer ,l:od told Frazier that he actually went back into Bussieres's apmiment at one
point. Frazier then heard on the radio about the fire at RR High Street so he left
his apartment to find out what happened. That is when Frazier learned that people
had died in the fire. As Frazier was walking back toward his apartment, he ran
into McLeod on the street. He confronted McLeod and at that point McLeod
initially said he did not mean to do it. Then McLeod changed his story again and
claimed he didn't start the fire.

d) Frazier stated that he then went to Danny Castor's apatiment to talk about what
had happened the night betore. While they were there, McLeod showed up and
continued to deny starting the fire.

e) The police then came to interview Frazier. When he arrived at the;:police station,
Det. Parsells threatened to involve Frazier if Frazier did not tell Parsells
everything he knew. Frazier dceide;:d not to cooperate because he did not trust
Det. Pm·sells. frazier stated he came forward in 200 I because he had been sober
for eight years and he believed that McLeod should bc in jail.

44) Cpl. Tenney later interviewed Scott Whitehill, who was a friend of McLeod.
Sometime in mid-2001, Whitehill, who was a real estate agent, sold Kurt Frazier's
home. They got to talking about the fire at 88 High Street and Frazier told Whitehill
about McLeod's admissions on the day of the fire. Whitehill encouraged Frazier to
come forward to the police with his information. Whitehill also told the police that he
ran into McLeod on the morning of January 14, 1989, and asked McLeod about the
tire. McLeod told Whitehill that he had been telling people he had stm1cd the fire at
88 High Street but that he was just kidding. McLeod claimed that he was drunk when
he made those statements and it was just his sense of humor.

45) Cpl. Tenney obtained approval to record a telephom: call between Frazier and
McLeod in 2001. McLeod answered the phone and sounded highly suspicious of
why Frazier was calling. McLeod had not had any contact with Frazier since 1989
and could not understand how Frazier had tracked him down. They talked about the
fire and McLeod denied starting the fire. McLeod went on to make statements about
how it was the fire department's fault that the Hina family died because the fire
department took too long to respond.

46) In July 7.009, the NH Legislature created the cold ease unit to investigate unsolved
hnll1icide cases. 1 was 41ssignec1 to the Cold Case Unit in D~(;~IlJ1Jer 2009 tor,ether
with TFC Jolm Encarnacao and Investigator Robert Freitas. I reviewed the Hina file
together with the other investigators assigned to the unit. After reviewing the tile, I
consulted with A TF Special Agent John Pijaea and Special Agent Andrew Cox. Both
agents are experts in the field of arson investigation. They reviewed the photographs,
relevant witness statements, and reports of the fire investigators from 1989. Both
agents also met with now-retired N.H. Fire Marshall Investigator Thomas Norton and
discussed his methodology and conclusions with him. Special Agents Pijaca and Cox
concluded that the fire investigation conducted by N.H. Fire Marshall Investigator
Thomas NOl1on in 1989 followed the scientific method and was consistent with
 modern arson investigation methodology. Tht:y also opined that his conclusions
appeared consistent with the photographs and witnesses statements. They did not see
anything in the materials they revit:wt:d to contradict Investigator N0l10n's conclusion
that the tire was the r~sLlltof a human incendiary act.

47) On June 17, 2010, I spoke with Special Agent Ron Tunkel, an arson proti IeI'with thl;;
FBI Academy in Quantico, Virginia. SA Tunkel had reviewed a number of reports in
conjunction with this case, including David McLeod's statement and other
interactions with the police, statements from a number of witnesses who interacted
with McLeud in 1988 and 1989, and the report from Fire Marshall Investigator Tom
Norton. SA Tunkel explained that a person who sets tires can be a serial arsonist or
the person can use [ire as a means of assel1ing power over others when he is in a
position where he does not feel that he has control in his life. Based on the materials
he reviewed in this case, SA Tunkel felt that David McLeod fit the latter category.
SA Tunkel identified some of the circumstances in McLeod's life leading up to the
fire that made him feel powerless. These included the fact that McLeod was
unemployed, that he was on the verge of losing his house, that Wanda Ford refused to
renew their relationship and instead was having sex with people who lived at or
frequented 88 High Street, that Ed Bussieres and others who lived at or spent time at
88 High Street treated McLeod with disrespect and even got into physical altercations
with him. SA Tunkel explained that the fire at 88 High Street was a means for
McLeod to assert power over these people and exact revenge against them for the
way they humiliated him. The reports also indicated that McLeod saw 88 High Street
and the people who lived there as a blight on the neighborhood and he felt he would
be doing a service by ridding the neighborhood of the building and its residents.
David McLeod's behavior after the fire, including watching the tire, boasting about
st.arting the tire, and his excitement when he described what he had done to Kurt
Frazier and Ronnie Faulkner is also consistent with this profile. After the fire began,
McLeod saw the results of his actions and he was excited that he was able to exert
power over the people who he perceived were disrespecting and humiliating him.

48) J n addition to reviewing the police reports and consulting the ATF agents, the CCU
investigators tracked down and interviewed the major witnesses. The only major
non-law enforcement witness who is no longer available is Sandra Walker, who is
now deceased. Most of the witnesses remember the events from 1989. Each of the
witnesses reviewed his or her audio or videotaped statements and confirmed that what
they told the pulice in 1989 was the truth and that the recorded statements would
accurately reOt:et their memory. Some witnesses provided additional or different
illfonnution in their 2010 reinterviews.
49) On January 28, 2010, TFC Encarnacao and I interviewed Danny Castor about the
events on the night of the fire.
a) Prior to the interview he watched the videotape ur the interview he conducted
with Keene Pulice Department in January 1ny. i-Ieacknowledged that what he
told the Keene police was the truth. He said that his memory ofthe events was
better back then when the events were fresh in his mind and that what was in the
 statement from 1989 would be accurate. He said that he had known Ptlm. Bill
Sargent for many years and would have told him the truth.
b) Danny Castor now believes that he first learned of the fire when he was at K Ult
Fraiz~r's apwtment. lIe believes that it was at thaI timt; that McLeod said he
started the fire.
c) Castor remembers walking to the scene of the fire with frazier. At that point, he
did not know where McLeod was. There were a lot of people around watching
the fire. He remembers seeing Ed Bussieres and Don Abrams outside at that time.
They then went up to Castor's apartment. While they were in Castor's apartment,
Frazier was telling Castor and Castor's wife about what had happened during the
night.

d) Castor knew at the time that Wanda Ford was having sex with Don Abrams and
McLeod found out about it and got upset.

e) Castor did not think that Sandra Walker was a smoker and otherwise was a vcry
(;areful person when she was smoking. Castor also knew that Walker slept with
the windows open in the apartment and that her apartment was accessible by the
fire escape.
f) Castor acknowledged that David McLeod was a friend of his back then. Castor
has no basis to falsely accuse him of misconduct. He knew McLeod from
growing up and was friendly with both him and McLeod's brother.
50) On February 9, 2010, TFC Encarnacao and I interviewed Kurt Frazier about the
events slln"ounding the fire. Frazier provided the following infoll11ation during that
interview:
a) On the Sunday before the fire, Frazier went to McLeod's house to do some
masonry work on McLeod's house. McLeod was supposed to have the work
prepared for Frazier's arrival. When Frazier arrived, McLeod was in bed even
though it was 4:00 p.m. He appeared depressed. McLeod explained that Wanda
had had sexual relations with a few guys at 88 High Street. At that point, Frazier
said he was not going to do any mor~ work on McLeod's house and hcjust
wanted to get paid for the work he had done.
b) On Friday, January 13,1989, David McLeod stopped by Frazier's house with a
case of beer and money that McLeod owed to Frazier for work Frazier had done
on MeT ,cod's chimney. Danny Castor also stopped by the house that night.
Bonnie Faulkner was also thert: that night. Castor and McLeod stayed and dmnk
beers until about 10 p.m. During this time McLeod was talking with Bonnie
Faulkner about how he was acting like "Freddy Krueger" and saying how "I'm
back." McLeod was worked up at that time. When McLeod made these
statement he was primarily talking with Bonnie Faulkner and Frazier was talking
to Castor. McLeod and Castor left around that time to go to 88 High Street.
c) McLeod returned to Castor's house some time later and said he had had a problem
'..\lith Ed Bussieres. Frazier was in bed sleeping and McLeod woke Frazier up.
 Frazier told him to leave. McLeod showed up a few hour~ later around I :30 a.m.
or 2:00 a.m. He stated he had started a tIre at 88 High Street. Frazier did not
believe him at that time because Frazier lived next to the fire station and had not
heard the fire alarm so he told McLeod to leave again. McLeod was highly
intoxicated.
d) McLeod returned again and said he had been watching the fire from near Castor's
residence, which was across from 88 High Street. He said everyone was standing
outside in the street. McLeod said that the Hina family were not standing outside
so they must have gone away for the weekend. Frazier told McLeod to leave
again because he still had not heard the fire alarm. McLeod was really
intoxicated.
e) During one of these visits McLeod told Frazier that he went to the High Street
Market and bought a lighter and then climbed up the fire escape and set fire on the
second floor. Frazier did not believe him because McLeod was intoxicated and
Frazier would have heard the fire alarm if there had been a fire at 88 High Street.

t) Frazier's alarm dock went ofT around 5:00 a.m. because he had to get up for
work. He heard the local news on the clock radio and they were talking about the
fire at 88 lligh Street. Frazier got up and saw that the road was closed so he
returned to his apartment. On his way back to his apariment, Frazier encountered
McLeod on the street. Frazier told McLeod to "get the fuck out of here" because
MeT~eod had really done what he said he did. McLeod left. Frazier went out to
breakfast at a local diner and noticed McLeod watching him through the window.
g) Frazier then went over to DalU1YCastor's horne to tind out what happened.
Castor told him he did not know because he went home after he and McLeod left
Frazier's. While Frazier was talking to Castor on Saturday morning, McLeod
showed up at Castor's home. At that point McLeod was denying that he started
the fire.
h) Frazier stated that McLeod did not say he was going to start the fIre before hand.
Frazier understood that McLeod had gotten into a confrontation with Ed Bussieres
that set olT McLeod. McLeod said something to the effect that after he got il1to
the confrontation with Bussieres he went to High Street Market because he was
"sick of the place" and was going to burn it down. Frazier understood that
McLeod's motive was not to kill anyone. He wanted to get rid of the party house
at 88 High Street - which McLeod called "the Hilton."

i) Frazier said that back in 1989 during the investigation a law enforcement officer
asked frazier to come to Keene PO to be interviewed. frazier went to the police
station and encountered Ofr. Fred Parsells. Frazier stated that Parsells stated
Frazier would be implicated in the fire ifhe did not cooperate with the police and
tell them what he knew. Frazier was very upset about this approach because he
had no involvement with the tire. Frazier also acknowledged he was an alcoholic
at that time and drank a case of beer every day and he did not want to be involved
in the case back then. Was later subpoenaed to the grand jury and was drunk.
 when he appeared. He said he told the grand jury he could not differentiate
between truth and reality because orthe alcohol.

51) When CCU investigators interviewed Belly LaCourse (now Kennedy), she stated that
she had heard McLeod make several statements about the fire. She described [or
CCU investigators how during the summer of 1988 he was upset and jealous at
Wanda Ford. Betty and McLeod were out in front of 88 High Street. He was talking
to Betty LaCourse about how he wanted to get even with Wanda. He said to Betty,
"Do you think that this place will burn good?" He had a laugh that troubled her.
Betty said that he would be vengeful and a "different person" when he was drinking.
She also remembered McLeod standing outside of 88 High Street while the fire was
burning. He said, "I did it good." He was also saying things to other residents of 88
High Streellike "You arc all out in the cold now." He was laughing and acting like
the fire was a joke. Belly also remcmbered seeing McLeod sitting in a chair in Ed
13ussieres apartment after the fire was extinguished but while firefighters were still
around. This is consistent with Diane Buckley's statements about encountering
McLeod in Bussieres's apartment.
52) In addition to the statements and activities described above, Ed Bussieres informed
CCU investigators that he remembers McLeod watching the tire saying, "Nicc job I
did, huh'?" Everyone thought he was kidding. At the time: Bussieres did not take him
seriously because Mcl ,eod said all kinds of obnoxious things when he was
intoxicated. But as soon as McLeod leamed that people had died in the fire he
"changed his tune."
5.3)During her interview with the CCU in 2010, Wanda Ford provided the following
additional or different information:
a) Ford acknowledged the statements and threats ml1dc by McLeod in th~ weeks
prior to the fire. She informed ceu investigators, however, that she believed that
Sandy Walker was re:sponsible for the fire but she admowledges she has no
personal knowledge about how the fire actually started. In addition to the
information set forth above, she informed CCU investigators that earlier in the
day on January 13, 1989, Wanda saw Walker and noticed that her hair was
"singed." Wanda asked Walker what happened and Walker told her that she was
playing with a candle in her room. This occurred before Walker went out to a bar
for the night. Wanda told CCU investigators that Walker would often leave
candles unattended in the apartment and was very careless.
b) Wanda also said that later that night after 88 High Street was on fire, Walker
wanted to hide. She was upset because the tire started in her apartment. Wanda
described Walker as being intoxicated the night of the fire. Wanda said that
Walker was upset with her because Wanda was together with Donnie Abrams and
said that she wanted to kill Wanda for being with him.
c) During her 2010 interview, Wanda Ford related information about how she
believed that Sandra Walker was responsible for the tire because Ford believed
that Walker had caused other fires in the past in Laconia. Wanda Ford had related
similar information to the Keene Police Department in December 1990. ,A.tthat
 time, she was upset that the Hina family was listed in the news as a homicide
case. She did not feel that McLeod had set the fire. Wanda believed that the fire
was caused by Sandra Walker falling asleep with a cigarette. Wanda related that
she learned that Walker was responsible for several fires ahout2-3 years before
she moved to Keene when she lived in the Laconia area. Wanda heard that
Walker was drunk and had fallen asleep with a lit cigarette on these prior
occasions. Wanda also told the detective about an incident after the High Street
fire when Walker visited Wanda. Wanda said that Walker had stayed with Wanda
and fell asleep on two occasions with a lit cigarette and started a fire on Wanda's
couch and bed. Trooper John Encarnacao with the Cold Case Unit contacted the
Laconia Fire Department to explore whether Ford's allegations about Walker's
involvement in other fires had any factual basis. Laconia Fire Department had
records dating back to the 1980s but had no reports or records of any fires
involving Sandra Walker or anything similar to the allegations made by Wanda
Ford in 1990.
d) Wanda Ford also told CCU investigators that after the tire started but before the
bodies were removed from the house, she heard David McLeod outside the house
screaming, "J want Wanda to burn in hell." McLeod was "belligerent" toward
Wanda and talking "all kinds of crap." She told CCU investigators that McLeod
was laughing an "evil laugh" and saying things about how everyone got what they
deserved. Wanda said that she asked him why he was saying the things he was
saying outside the apartment while the building was burning. He laughed and
said he was just trying to get everyone's attention. Wanda claims she asked him
whether he was trying to get people's attention by lighting the fire or just by
saying the things he was saying. Wanda claims he said it was just by saying those
things.
e) Wanda stated that with respect to McLeod's prior threats, she felt that McLeod
was "talking out his butt" because he was drunk. Wanda also said that Kurt
Frazier told her back then that McLeod had been telling him that he wanted
Wanda to burn in hell and he was going to do it. Frazier also told Wanda that
McLeod was drunk and high on cocaine and belligerent when he said those
things.
±) Wanda acknowledged, as she did in 1989, that there were various times when
McLeod was outside her presence under the night of January 13-14 while they
both were at Ed Bussieres. Wanda told CCU investigators that she saw David
IvkLeod and Sandy Walker together on the fire escape up lo Sandy's apartment.
The window to Walker's apar1ment was open at that time. Wanda stated that
Sandy always left the window to her apartment open. Wanda suspected they were
both doing cocaine based on the way the two of them were acting at various
points in the night. Wanda did not see them doing drugs together but believed
they were doing cocaine because McLeod dropped a rolled up dollar bill with
powder on it.
 g) Wanda claimed that she cOlTesponded to McLeod over the years and asked him in
the letters about the fire. He never responded or acknowledged the fire. At most,
he claimed he did not know what she was talking about.

h) Wanda Ford informed CCU investigators that she harbors intense guilt for what
happened to the Hinas and her knowledge of McLeod's threats.

54) No formal autopsies were ordered by the New Hampshire Medical Examiner's Office
in 1989. Rather, the post-mortem examinations of Lori, Sara, and Lillian were done
at Cheshire Medical Center. Carl Hina was pronounced dead at 88 High Street by the
medical referee, Dr. Charles Schofield. The death certificates list the cause of death
for Carl Hina, Lori Hina and Lillian Hina as "asphyxiation due to smoke inhalation"
and for Sara Hina as "smoke inhalation." The original death certificate list the
manner of death for each of the victims as "accident." These death certificates were
filed on January 17, 1989, before witnesses came forward with information that
McLeod made admissions about causing the fire and the police reinvestigated the
case.
55) In June 2010, Chief Medical Examiner Dr. Thomas Andrew reviewed the medical
records for each of the victims, reports relating to the discovery of the victims, the
report issued by Fire Marshall Investigator Tom Norton, and the allegations in this
affidavit (with the exception of paragraph 47). Dr. Andrew has opined that the cause
of death for each of the victims is "smoke inhalation," the circumstances of death are
"arson ofa multi-family apartment building," that each of the victims died within
minutes, and the manner of death for each of the victims is homicide. Dr. Andrew is
in the process of filing amended death certificates to reflect these changes based on
this new information.
56) Based on the foregoing there is probable cause to believe that David McLeod
committed four counts of Second Degree Murder by recklessly causing the deaths of
Carl Hina, Lori Hina, Sara Hina, and Lillian Hina under circumstances manifesting an
extreme indifference to the value of human life when he started a fire at 88 High
Street on January 14, 1989. ~~

-Sgt. Scott Gilbert

N.H. State Police
Cold Case Unit
STATE OF NEW HAMPSHIRE
MERRIMACK, SS.

Personally appeared the above-named, Shr ScrrG/~~d took oath that the
factual allegations contained in the above affidavit are true to the best of his knowledge
and beliefs. Before me, ~

J usticel Jw~tiQ@Qf the &!3aee