Attorneys Argue For Homeless Couple

The Associated Press

WORCESTER, Mass. (AP) -- A homeless couple accused of accidentally starting a warehouse blaze that led to the deaths of six firefighters were not obligated to report the fire, their attorneys said Thursday in arguing for their release from jail.

At a bail hearing, lawyers for Thomas Levesque, 37, and Julie Barnes, 19, also argued that prosecutors had not shown the firefighters' deaths could have been prevented if Barnes and Levesque reported the fire.

Surrounded by court officers, Julie S. Barnes, 19, and Thomas S. Levesque, 37, are arraigned in Worcester Central Court in early December Copyright 1999, Worcester Telegram & Gazette Republished with permission

``There is no affirmative duty that required her to report the fire,'' said Barnes' attorney, Michael Wilcox.

Barnes and Levesque have pleaded innocent to six counts of involuntary manslaughter in connection with the Dec. 3 warehouse fire at the Worcester Cold Storage and Warehouse Co. where they had been living. Firefighters had been told the couple lived in the building and entered the building, in part, to find them.

On Thursday, prosecutors portrayed Levesque as a man who felt no regret about the fire.

Assistant District Attorney Lawrence Murphy said that after kicking over a candle during an argument with Barnes, Levesque told Barnes, ``I don't give a (expletive),'' before heading to an arcade with her to listen to music.

Levesque's attorney argued that the comment was made in reference to clothes burned in the fire and said Levesque was deeply saddened by the firefighters' deaths.

``He is overwhelmed by remorse,'' said Ryan. ``Mr. Levesque is like a child. ... He is scared to death.''

Judge Elliot Zide rejected motions to release the defendants on personal recognizance, despite lawyers' arguments that Barnes is four months pregnant and that Levesque is mildly retarded.

Zide reduced Levesque's bail to $250,000 and Barnes' to $75,000; both had been held on $1 million bail. They did not post the new bond amounts Thursday.

Zide also deemed Levesque mentally competent to stand trial and set a conference date for Feb. 21.