Arson trial on hold; judge throws out search warrant
The arson trial of a 73-year-old North Charleston man accused of intentionally setting a fire that killed his wife was abruptly put on hold today after a judge threw out a search warrant that investigators sought about two weeks after the blaze.
Circuit Judge G. Edward Welmaker's ruling prevents prosecutors from using evidence gathered by state investigators they contend shows the fire was set intentionally. Among their evidence was a report showing the fire involved an accelerant and had more than one starting area, they contend.
Bobby McCarn is accused of using a flammable accelerant to start the blaze that resulted in the death of 53-year-old Deborah McCarn in February 2006.
McCarn's defense team maintains he is innocent, and that his wife was a heavy smoker. The warrant did not include any justification of "probable cause."
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