Wisconsin v. Joseph Awe—New Science Equals New Evidence

The chapter discusses the case of Joseph Awe, owner of JJ's Pub in Wisconsin, which was destroyed by fire in 2006. State investigators declared the fire incendiary using flawed “negative corpus” methodology, despite the building's known electrical problems. They misinterpreted evidence, including a poster's absence and fire patterns, leading to Awe's wrongful conviction in 2007. Awe served half of a three-year sentence before new evidence emerged. An electrical engineer, Mark Svare, re-examined the case and found significant electrical issues in the service panel that had been overlooked. In 2012, a judge ordered a new trial based on changes in fire investigation standards (NFPA 921) between 2007 and 2011, considering this “new evidence.” After Awe was released, the State declined to retry the case because they could not use their “negative corpus” evidence in the second trial. Awe subsequently sued his insurance carrier and the original electrical engineer, settling both cases. The chapter highlights the dangers of misinterpreting evidence, ignoring inconsistent data, and using outdated investigative methods. It also notes the changing nature of sentimental items like photographs in the digital age and emphasizes the real consequences of negligent fire investigations for both the accused and the investigators.