I glade to see the court is using common since. It is my belief that the lack of common since is making 921 irrelevant in some areas. It does not make common since. If one follows what is represented as the scientific method, they are using the POE from the first step. When collecting the data, they are looking at all that is present and eliminating some of the data through the POE as to what is relevant and what is not. If one says they only develop one hypothesis after analyzing the data collected, I would say that person has a bias toward that one hypothesis. When choosing an origin, they are eliminating other areas based on their education, knowledge, and experience. The same is true when it comes to the first fuel ignited and the heat source. When there are multiple hypotheses, the testing process is used to eliminate each. That is the POS of elimination.

I have never understood why the committee and other are so against the logical use in the process of elimination. I understand when it came to incendiary fires where there is no evidence of support for the finding, but when there is supporting evidence that supporting evidence is used in the testing of the hypothesis process. This allows the person to eliminate some, if not all the hypotheses.

The other thing I love is when a person state there is no evidence that allows the formulation of a valid hypothesis and there by the cause is undetermined. This is a personal opinion only. They say it in a way to suggest that if because they did not have sufficient evidence that it does not exist. What they do not understand is that the evidence they believe is insufficient is sufficient for others to make the determination. The other person may have additional evidence that the person making the statement did not consider.

I have taken to inquiring of those working in other professions that use the scientific method as to their thoughts about the use of the POE in their profession. I have yet to find one that does not say the POE is not part of the methodology in using the scientific method. This makes me wonder why fire investigation is different than all these other professions. Are we that special?

Jim Mazerat
Forensic Investigations Group