Thursday, November 30, 2023

Did Bad Fire Science Send Tim and Deb Nicholls to Prison?

Did Tim and Deb Nicholls conspire to set their house on fire, murdering their three children, or were they victims of a shoddy probe, led by John DeHaan, the pre-eminent expert who literally wrote the book on forensic fire investigation? Worse yet, could DeHaan be behind a string of wrongful convictions? For 5280 Magazine, Robert Sanchez attempts to find out.

Even so, Tim, the only person who survived the fire, became a suspect. “We did not want to believe this was intentionally set,” CSPD detective Rick Gysin told the Colorado Springs Gazette in 2008, five years after the blaze. “You don’t want to think of humanity like that.”

However, investigators eventually came to the conclusion that the fire was a triple homicide. CBI tests on the carpeting, on Tim’s sneakers and jeans, and on pajamas belonging to both Sophia and Sierra had come back positive for xylenes—colorless, flammable liquids that could be used as accelerants in fires—which gave investigators reason to believe the fire was intentionally set.

On top of that, Tim’s recollection of the fire changed with each retelling. At one point, he said he’d walked to the garage and returned to a living room filled with fire; in another, it was heavy smoke. In one, he ran to a bedroom window to get air; in another, he was lining up his children to get out of the house. “What Tim Nicholls said didn’t make a lot of sense,” Derek Graham, part of the police homicide investigation team, told the Gazette in 2008. “That was a big red flag from the beginning.”



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