On Tuesday, June 27th, District Attorney Shugrue’s Office entered a nolle prosequi in Berkshire Superior Court in the case of the Commonwealth vs. William Cascone. During the prior administration of District Attorney Harrington, defense counsel for Cascone filed a motion for post-conviction relief in the case of Commonwealth vs. Cascone. Defense alleged that evidence submitted by the Commonwealth in 1984 was, “Outdated and faulty arson science.” On June 14, 2023, Honorable Judge Callan reviewed the motion and issued a Memorandum of Decision and Order on a Defendant’s Motion for Post-Conviction Relief. In the memorandum Judge Callan wrote, “…a new trial is warranted based on newly discovered evidence that would likely have been a real factor in the jury’s deliberation thus raises a substantial risk that justice was not done.” The Commonwealth will not be moving forward with a new trial as the apartment building has been demolished and, as a result, it is impossible to gather and analyze evidence according to the principles of modern fire investigation or use the science and technology now available to investigators.
Background on the Fire:
In 1984, at approximately 5:00am a four-story apartment building on 279 State Street, North Adams, burned down. On the evening prior to the fire, Cascone attended a small gathering in an apartment on the building’s fourth floor. The gathering continued into the early morning at which point Cascone got a verbal altercation with the apartment’s tenant and then threatened her. Cascone left the apartment around 4:45am to sleep in his car. At approximately 5:00am, a fire alarm in the building sounded as fire and smoke began to quickly engulf the residence. Three children who lived in the apartment building died because of the fire. Using the techniques available at the time, a State Police fire investigator determined the fire was intentionally set. Following a jury trial, Cascone was convicted of multiple counts of arson and second-degree felony murder.