http://www.nbc4columbus.com/news/239...09100008112003
O'Brien Wants More Investigation
UPDATED: 11:24 a.m. EDT August 11, 2003
COLUMBUS, Ohio -- All charges have been dismissed against a man accused of setting a deadly fire near the Ohio State campus, NewsChannel 4's Holly Hollingsworth reported.
Franklin County Prosecutor Ron O'Brien announced the decision at an 11 a.m. news conference.
"This does not clear Robert Patterson, but it does release him from custody today," O'Brien said.
Questions over the evidence in the case drastically changed the case against Robert Lucky Patterson (pictured, left), NewsChannel 4 reported. O'Brien would not discuss any specific problems he had with the evidence in the case. He has asked police to do additional investigation.
"We have a burden of proof," O'Brien said. "We review cases, facts, files ... with that standard in mind. Based on what we did review, we requested some additional work be done. The police department is doing that."
Detectives said that Patterson, 20, started the April fire that killed three Ohio University and two Ohio State University students.
He was arrested Aug. 1 and was charged with murder and arson. O'Brien said last week that he had questions about the case after reviewing a videotaped police interview with Patterson and interviewing five witnesses.
State law says prosecutors have 10 days to indict a suspect who has been arrested on felony charges. Prosecutors spent the weekend reviewing all the evidence to determine whether they could get a grand jury indictment.
Now that charges have been dropped, investigators will continue to work on the case with hope of bringing charges against someone at a later time. Charges against Patterson can be refiled at any time.
"You only get one shot," O'Brien (pictured, left) said, referring to the double-jeopardy law, which prevents a person from being tried twice for the same crime.
The fire broke out about 4 a.m. on April 13, less than an hour after the end of the party for one of the victims, Alan Schlessman, of Perkins Township, Ohio. Twelve other people in the house either escaped or were rescued by firefighters.
He and Kyle Raulin, 20, of West Chester, lived in the house. Three visiting female students from Ohio University in Athens also died. Andrea K. Dennis, 20, of Madeira; Erin M. DeMarco, 19, of Canton; and Christine Wilson, 19, of Dublin, all died.
Ron Patterson, the father of the suspect, told NewsChannel 4 that his son admitted he was near the home at the time of the fire, however he said his son is innocent.
"The very words (Robert) told me kind of broke my heart," Ron Patterson said. "He said he was in jail and he was in jail for nothing. He did not do this. I know he didn't do this. He might have had his bad times with his stepmother. But he did not do this."
The FBI still is requesting a meeting with the U.S. Attorney's Office, which would have the power to pursue federal charges, NewsChannel 4 reported.