Defendant's DNA reportedly found at fire scene
A state police expert testified Thursday at the trial of a Summit Hill man charged with setting 16 brush fires that his DNA was found on a cigarette which was attached to pack of matches and used to start one of the fires.
A fingerprint specialist from the state police also testified that a fingerprint belonging to the defendant was also found at one of the fire scenes.The two experts concluded the fourth day of testimony in the trial of Frank Duane Swartz, 45. The trial began on Monday afternoon and is not expected to finish until early next week.Swartz has been charged with 60 felony counts. He is facing counts of arson-danger of death or bodily injury; arson-endangering property-reckless endangerment of inhabited buildings; possession of explosive/incendiary materials; risking a catastrophe; and maliciously setting/causing fire to a forest. He faces a minimum prison term of about 20 years if convicted of the charges.Gina Musanti, of the state police crime laboratory in Bethlehem, said she examined numerous incendiary devices found at the scene of many of the fires. The devices consisted of a match pack with a cigarette laid across the matches and held in place by a rubber band.She explained to the jury how DNA, which is short for deoxyribonucleic acid, analysis is done. She explained in detail how DNA is made up and how it is found in a person, noting that it is made up of proteins.She said the DNA found on one of the cigarettes matched a DNA sample taken from Swartz.Trooper John Corrigan, of the Hazleton barracks, testified eight latent fingerprints were found on several of the pack of matches found during the investigation. He said seven of the eight were not conclusive enough to be used for identification. However, one of the prints was clear enough to use for identification and said it belonged to Swartz.Swartz pleaded guilty to 16 counts in connection with the case in January 2010. However, prior to sentencing he withdrew his plea, claiming he was innocent.Swartz, in an interview with Trooper David Klitsch, a deputy fire marshal and prosecutor in the case, admitted setting the fires. The interview was held in November 2008 at the Summit Hill police station.Defense Attorney Michael Gough, court-appointed, told the jury in his opening statement that Swartz will take the witness stand and explain how he thinks his DNA and fingerprints were found near one of the fires. Gough said Swartz was born and raised in the area and his parents have property near where the fires occurred. Gough also said his client was under great duress due to family problems when he was interviewed by Klitsch.A defense witness was called yesterday, out of order, due to a scheduling problem. John Nickerson, 17, of Summit Hill, testified at the time of the fires Swartz was living with his mother in Summit Hill.He said he played baseball in the Babe Ruth League for Lansford and that Swartz attended all his practices and games during the period. He said the practices started about 3 p.m. and were held two or three times a week with games played mostly on weekends. He said the practices began in April or late March.The fires occurred in Lower Towamensing and Franklin townships and Parryville and during the daylight hours. The majority of the fires occurred in Lower Towamensing Township and many on the property of the Blue Ridge Country Club. No injuries were reported in the fires, which occurred during the period of March 17 to April 18, 2008. No buildings were damaged in the fires.Assistant District Attorney James Lavelle was expected to call Klitsch today as the trial resumed at 9 a.m. before President Judge Roger N. Nanovic II.