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The Acton Fro Press Wednesday Apr 7 3 Crown informs jury No smoking gun in hotel fire case but footprints in the sand far tell points out model of the hold too I loess while Crown Attorney Paul Stunt and Detective bowing lUten intently Court reporter take down every There is no smoking gun just footprints in the in the Dominion Hotel fire murder trial Attorney Paul Stunt Mid there is no concrete evidence Mercurl and Michael started the Tire which ultimately caused the death of Howard Gibbons However circumstantial evidence he feels proves a reasonable doubt the pair are guilty If you are on a deserted island and you see fool prints in the Stunt said it would he safe to assume were not ihe island Going over all the evidence and testimony carefully in his summation to the jury Stunt pointed out it was finally decided the fire divider was exactly where the fire marshal said it was and was not completely burned through This supported the Crowns theory there was more than one f re burning In fact blunt continued there were actually Sour one in room two in the lounge and one in Ihe kitchen Reviewing by various firefighters Stunt established there was a fire at the south end of the lounge and at the north end lie there was no reason to believe they were ihe Slunt contended Mercian had a financial motive to bum down the business In spite of what accused claimed he was in financial theCrownsaid was in a sinking boat and t bail fast enough He was forced to find some other source to pay for the mortgages he needed a drastic revenues he had lo sell the business or find a new use for the land Stunt The Crown Attorney pointed Mercian ex lover Gloria Eckstein into the courtroom missed having to discuss her relation ship with the accused but also with ihe know ledge she was used by If as testified the couple ended their affair in 1378 why did Stunt haven picture of the two of Ihem on a couch with arm around her taken in June She was a credible witness Stunt told ihe jury Mercun meeting with arsonist Cecil was confirmed by the accused telling Eckstein there were people one could hire bum down buildings knew Heather Moreland weak and exploited them Stunt suggested to the jury Stunt described Moreland Mercun exbartender and lover as being a problem ridden person w ho needed her job told the truth on the witness stand Stunt said which is more than did Stunt said it is not very consoling to know a man like Kirby could operate in Canada for six years without being caught or even be a suspect But it is also not consoling to know a person could hire someone like Cecil to commit arson While Kirby is a bad person he was a credible Stunt said The meeting in early August weeks And the meeting coincides with the share holder loan account being In a deficit position and Mercuri In the worst financial situation since he bought the hotel If the defense is correct that Kirby was just ex tending his meal ticket why not go all way and say he started the fire not only had a motive he also had the opportunity Stunt told the jury Witnesses saw the accused leaving the hotel once by the lobby door and twice by the southeast door One witness testified she saw Mercuri leave just a few minutes before McCnstall was seen touching the air conditioner Other witnesses however said Mercuri left the same time as the remainder of the employees went home just after Stunt says this could only mean Mercuri return Moldaver say Mercuri seeks justice not sympathy was not asking for sympathy hi is asking for justice said Michael Mold aver Mercuri lawyer in his final summation to the jury last Thursday Stressing proof must bt beyond a reasonable doubt gave a two and a half hour out line of the information revealed in the court over the past fourwecks The of rubble of thL north east end of the building greatly hampered a proper investigation told the jury The de lawyer contended the fire which destroyed the hotel actually ended at Cnpps room travel from the north to the south of whot experts said The controversial fire divider which tht Crown says Is key to the two fires was not totally settled as far as was concerned The defense contended the fire divider was com plettly consumed by fire and the fin in tht north spread to room The Crown says thin are two fires one in the north one in room because fire did not spread through divider If Meriun was so financially destitute as accounting witnesses have Moldaver asked why the Federal Business Develop men Bank give him a mortgage of KM 000 when could have turned him down Had he been so hard up for money could have sold his ho and moved into the hotel or he could have sold land next door with the pro ceeds to relieve him of s financial obligations He could also sold a or or put more seats in hotel raised prices or brought in better entertainment told the jury Mercuri did not know of the real estate ads in the Toronto Star saying the Dominion Hotel was up for sole nor did he know if a prospective buyir at the hotel the day of the fire was to buy the property or not So what if the Mercun s were taking money from the business the lawyer asked It was their money no partners being cheated he pointed out The theory of hiving a clear slate once land was tree and clear of the building Moldaver said was ridiculous No lending institution in the world would lend him the money he could need lo rebuild with only or HO down which would be all he had left after ihe mortgages were paid off with the insurance money Self confessed arsonist Cecil could not be labelled a creditable witness told the jurv because he could not even describe Mercun properly the police nor could he remember Mercun having a cast on his right hand when they allegedly met in August 1979 to discuss the burning or bombing of the hotel He described Kirby as being cunning devious dis and deplorable It Is cable that Mercuri because of a man like this has had to bare publicity being linked in the mob the lawyer said Moldaver continued If he was such a close friend of the mafia family would there be any doubt the family would have loaned or barring that they would tell Kir by to do the job anyway and he would get the money after the fire Moldaver referred lo ex lover Gloria Eckstein as a woman scorned The fense counsel admitted Crown Attorney caught me good with proof his client was having an af fair with Heather Moreland after repeated den tats by Mercian himself However Moreland said was a close friend of the ac wife and he did not want to hurt his wife with knowledge of the affair There was serious inconsistencies of evidence given by Jeannette s Rest Home employees Brcnda Adams and Catherine Mcintosh He dldn t feel the witnesses were trying to mislead the jury but the excitement of the evening and the fact they did not go to the police until one week after the fire suggested the times they gave the court they saw Mercuri leave could have been inaccurate There is no reasonable doubt that another wit ness who was on the scene did not set the fire told tht jury this man had the motive being kicked out of the hotel the night of the fire and he was seen around the lobby door just be fore the fire broke out He was also seen dis appearing around the north end of the building where he could easily have gone through the kit windows Into the hotel The Crown has to prove beyond a reasonable doubt that cither set the fire or was In volved in some other way There Is no evidence Moldavcr said had exclusive ly There is another person he continued who had a motive and opportunity I not saying he did it I m Just saying that there Is a reason able doubt Would a guilty man keep incriminating re cords an his home following the fire Moldavcr asked He reminded the the records were still at the accused home two months after the McCristall says he never covered up for Mercuri Michael McCristall had no reason to cover up for in August 1979 nor docs he have any reason now So said McCristall last Wednesday on the wit stand in his own defense Responding to questions from his defense lawyer John Smith McCristall said day August IB was no different than any other Saturday He worked on and off at hotel the day helping Mercun because he was short staffed About j p m he got cleaned up and went into the bar area to sling beer During the evening the accused said he re numbers William being cut off but not unusual McCristall admitted he was hazy on the limes but estimated around 2 a he and his friend returned to Cnpps room with sandwiches and beer to watch television They had just started drinking the beer he said when he heard the fire alarm in It was unusual for people to pull the alarm said He ran down to his room to see if everything was alright and also to check on the alarm which was near his room McCristall then ran up to the third floor and remembers the steel door at the top of stairs being warm He remembers the hall was full of smoke but he could see no flames told the court he started banging on doors to awaken people He recalls banging on Howard Gibbons door but explained Gibbons often spent the weekend with friends When he got no response the defendant said he assumed Gibbons wasn home Sometime during his rushing around he check the washroom across from Cripps second floorroom Itwasfullofsmokchcsald said he ran down to the mam lobby of the hotel and put in a call to the fire depart He pointed out the connection was baa and he did not know if he got through the air conditioner at the front of the hotel and remembered smoke or something that water coming from it He also re members running up the street to the taxi stand and phoning Mercun at home He does not re member if he called the police from there When he got back to the hotel the fire trucks had was not allowed back into the building Smith asked how much he had to drink that day The accused said he could not remember dented he was on sav he could take or leave it beer but most times he took it Referring to a statement by previous wit neat asked his if he had any reason to cover up for said he did not at the time and has no reason now Mc Crista II said the only mention of cover was in regards to insurance coverage of personal belongings of hotel residents The only item he was able to salvage from the of his room was a picture of his daughter Under nation by Crown Attorney Paul Stunt McCnstall admitted he could not re member the sequence of events after closing time He did not recall if he went to the washroom first or to the third floor or if he went to the taxi stand before checking the air conditioner Mc Crista could give no reason for running to his own room when the fire alarm went off and could not explain why he was the only one who heard the He estimated it was on for to GO seconds and he does not know how it was shut off Stunt asked why he passed up a pay telephone just outside the lobby door and ran the taxi stand The defendant said he did not notice the phone booth He said it was around the The Crown Attorney wanted to know why when was on the third floor and saw the smoke in the hallway he did not try to locate the flames and put them with a fire ex McCnstall said the smoke was all over the hall and he and started banging on doors rouse people Did look for fire Stunt asked 1 so s tall said In any way shape or form did look for a fare and attempt to put it out the lawyer per No accused replied cannot remember standing next to Bert in the kitchen of the Station Hotel on August He denies he said We just have to cover up for Cosimo a little longer said he did not say Lord Jesus 1 guess I bare the brunt when being arrested on December 28 He does not deny making ihe statement but said he thought he said It in response to a specific question later on that day The accused said he was gently old If he did cooperate he would spend the next yean in jail Stunt if it was true he was knownasahappygoluckysortof fellow Theae said he was thought of as a nitwit Mr Justice Coulter Osborne asked Ihefire The accused admitted he was dead sober Under further prodding by Smith McCnstall andbe to the hotel alter he departed from his friends The suggestion by the defense that another wit had something to do with the fire should be placed with the theories the fire was started by a gas leak problem Stunt suggested was trapped and he knew it He intended in his testimony deceive you just like he deceived his staff testimony was evasive he ined lo get around incriminating facts He hardly even looked at you Stunt pointed out Gloria Heather and even Cecil Kirby d d but not Cosimo Stunt pointed out several inconsistencies in Mercun lestimony from thai of other witnesses or evidence including when he spoke to his lawyer about the appeal for Ihe licence pension his relationship with both Heather Moreland and a Toronto real agent and his knowledge of the hotel shares Michael McCrtsta was a follower Stunt told the jury He led a little simple a per son who believed he did not hat alternant to say no Vie don know what he did the At what dn t do He l try to the flames and extinguish them he didn try to get Gibbons out and he mixed up has sequence of at one time sav he went directly to his room when hi heard the fire alarm another time saying he went into the washroom McCnstall was indebted to Mercuri Stunt said and did not have the will power to sav no He had a weakness and Mercian exploited il Stunt instructed the jury if could find guilty of second degree murder lo consider manslaughter However to have no salvation for Mercuri and consider on I the murder charge Trial Continued from page 1 The jury must also decide if Mercun and McCnstall knew the consequences of their actions a man death if the jury finds arson was involved If you are satisfied beyond a reasonable doubt burned the hotel and that he knew death was the con Sequence that is murder Mr Justice Osborne told the jury As for McCristall he continued a person who assists in the offense is just as guilty The jury must decide if is guilty before they can decide if McCristall is an aider However Mr Justice Osborne said he feels the evidence against McCnstall is The judge also questioned McCnstall ability to realize the of the act through drunkeness or adject stupidity The jury come to one of three possible decisions he continued not guilty of second degree murder of second degree murder but guilty of manslaughter or not guilty The judge noted Mc Cnstall is guilty of man slaughter If he assisted in the burning of the ho tel and aided in murder If Ihey arc not satisfied beyond a reasonable doubt that he knew the consequences Mr Justice Osborne continued to outline the evidence of motive and fire damage and rem inded the jury of the closing statements by Crown and defense The judge told the jury they have the right to disagree with all his observations More on the tnal on page B5 NIGHT SHOWS- THURSDAY a FRIDAY nutty April SEXARAMA 1 COLLEGE INITIATION 2 TEENAGE DESIRES 3 SHES AND READY SWINGING 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