SPRINGFIELD, Mass. (WWLP) - Attorneys for accused Northampton arsonist Anthony Baye argued for charges to be dropped against their client on Tuesday.
Baye was in Hampden Superior Court in Springfield Tuesday for a hearing before Judge Constance Sweeney.
He is accused of setting a series of fires in Northampton on three separate dates, including on December 27, 2009, where one of the fires killed a father and son, Paul Yeskie, Sr. and Paul Yeskie, Jr.
A Hampshire County jury was originally to decide the Baye case, but that was prior to charges being dropped in July of 2012, when the state's highest court threw out his videotaped confession. Baye was charged again when a 42-count indictment was handed-down just eight days later.
This time, a jury empanelled in Springfield will hear the case, though the trial itself will take place in Northampton.
In court Tuesday, Sweeney heard arguments over whether to separate the alleged arson incidents, try them all at once, or dismiss them, which Baye's lawyers are seeking.
Baye's lead attorney, David Hoose, said that there is nothing in the case that links Baye to the crimes, other than circumstantial evidence, which the court has already found to be "lacking."
Yet Special Prosecutor Brett Vottero said that there are just too many things connecting Baye to the crimes in to ignore.
"There is, in the nature of circumstantial evidence, a point where things cease becoming coincidences," Vottero said.
Hoose says, however, that Baye is being singled-out based on basic things like where he lives and the fact that he was out early in the morning.
"He (Vottero) claims he (Baye) is connected to the fires, but when you look at what that connection is, what is the connection? He lives in the neighborhood? Well, a lot of people live in the neighborhood," Hoose said.
During the hearing, questions were also raised about the testimony of expert witnesses .
Sweeney will consider the motions that were brought forward during a new hearing on April 26.