ALBANY, NEW YORK – Edward A. Leon and Jennica Duell have
been arrested and charged, in separate indictments, with making false
declarations before a federal grand jury, announced United States Attorney
Richard S. Hartunian and Acting Special Agent in Charge James S. Higgins of the
Bureau of Alcohol, Tobacco, Firearms & Explosives. The indictments allege
that the false declarations were made in testimony before a grand jury
conducting an investigation into the fire on or about May 2, 2013 at 438 Hulett
Street in Schenectady, New York that caused the deaths of David Terry and three
young children, seriously injured another child, and destroyed the building and
the personal property inside.
The indictment charging Duell alleges that she testified
under oath before the federal grand jury on or about May 24, 2013 and on or
about January 31, 2014 and knowingly made material declarations on each date
which were irreconcilably contradictory and inconsistent to the degree that one
of them was necessarily false. The indictment alleges that Duell’s testimony in
May of 2013 included declarations about how the fire at 438 Hulett Street was
started, and by whom, and how: 1) A man said that he could make it so Duell and
him could be together forever; 2) She, the man, and others had traveled from
Saratoga Springs to Schenectady, talking about how she was tired of being
controlled by David Terry, a face to face confrontation was necessary, and she
said to do it and get it over with; 3) They stopped to get gas along the way;
4) A man poured gas in the hallway and then lit the stairs by using a lighter
and a cloth with gas on it; 5) She spoke about her babies and he said they
would get out and not get hurt; 6) Before lighting the fire, he asked Duell if
she wanted to be free, and she said she did; 7) She saw the flames and wanted
to get in there, but he wouldn’t let her; and 8) He said her story should be
that they were in Saratoga the whole night. The indictment further alleges that
Duell’s testimony in January of 2014 included declarations that the May 2013
declarations were untrue, and that she and the others had stayed in Saratoga
Springs the entire night of the fire, never traveling to Schenectady.
The indictment of Leon charges two counts of making false
declarations before the grand jury in sworn testimony on November 22, 2013.
Count One alleges that Leon testified falsely regarding his travel on May 2,
2013, alleging that he falsely testified that he had driven straight from the
Cumberland Farms in Palatine Bridge to work in Amsterdam, New York, but that he
had actually driven first to Schenectady, was there driving on Hamilton Street
near its intersection with Hulett Street at about 4:19 a.m, and was in the area
of 438 Hulett Street at the time of the fire.
Count Two alleges that Leon testified falsely in denying
that he had used a particular telephone to send text messages to David Terry,
some of which were threatening, from April 25 – 29, 2013.
Leon, 42, of St. Johnsville, New York, and Duell, 26, of
Schenectady, New York, both appeared today before U.S. Magistrate Judge
Christian F. Hummel in U.S. District Court in Albany, New York. Leon waived a
detention hearing and was detained pending trial or a later hearing request.
Duell was detained pending a hearing scheduled for Wednesday, November 12, 2014
at 2:00 p.m. The indictments are merely accusations and the defendants are
presumed innocent unless and until proven guilty in a court of law. If
convicted, Duell faces a maximum sentence of imprisonment for five years, a
$250,000 fine, and a term of supervised release of up to three years. Since
Leon is charged with two counts, if convicted, he faces an aggregate maximum
sentence of imprisonment for ten years, a $500,000 fine, and a term of
supervised release up to five years.
United States Attorney Hartunian stated: “The constitutional
requirement of indictment by a grand jury depends on the truthful testimony of
witnesses. Perjury undermines the integrity of our judicial system and is
particularly insidious when the underlying offense is one that resulted in the
killing of a father and three young children and horrible injuries to a fourth
child. This indictment alleges conduct designed to impede the investigation,
but we remain resolute in our commitment to continuing the investigation until
justice is done.”
The charges today resulted from an investigation conducted
by the Bureau of Alcohol, Tobacco, Firearms & Explosives of the U.S.
Department of Justice, the Schenectady Police Department, and the Schenectady
Fire Department. The case is being prosecuted by First Assistant U. S. Attorney
Grant C. Jaquith and Assistant United States AttorneyWayne A. Myers.
Further questions or inquiries may be directed to First
Assistant U.S. Attorney Jaquith at 518-431-0247.
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