7/31/2019 DA to Re-Indict Baye 7-16-2012

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Northwestern District Attorneys Office launches new Grand

Jury investigation in Northampton arsons

NORTHAMPTON, MA. The Office of the Northwestern District Attorney announced today that

it has dismissed the pending arson and homicide charges against Anthony Baye and is launching

a new Grand Jury investigation into a series of intentionally set fires in Northampton.

The fires began in January of 2007 and culminated with multiple house and car fires on

December 27, 2009 which caused the death of Paul Yeskie and his son Paul Yeskie, Jr. of 17 Fair

Street in Northampton.

Anyone who may have information regarding these fires is encouraged to contact law

enforcement through any of the following ways:

* Massachusetts State Arson Hotline (800) 682-9229* Northampton Police Detectives Unit (413) 587-1100

* NWDAs anonymous Text-a-Tip Text PROTECT and message to 274637

Baye, 27, of Northampton, was arrested on January 4, 2010, after he admitted during a

videotaped interview with law enforcement that he set most of the fires that occurred during

the night of Dec. 27, 2009. Six homes were set ablaze that night, including a home on Fair

Street where Paul Yeskie, Sr., and his son, Paul Yeskie, Jr., were killed. Nine vehicles also were

burned.

Baye was indicted on arson and homicide charges and has been held without right to bail sincethat time. Recently, the Massachusetts Supreme Judicial Court declared that his videotaped

admissions could not be used as evidence. After reviewing that decision, the Northwestern

District Attorneys Office has decided to dismiss the pending indictments and present this

matter to a new Grand Jury.

While we believed that Judge Constance Sweeneys finding was correct in her determination

that Bayes videotaped confession was admissible, we accept and will follow the ruling of the

Supreme Judicial Court, said Northwestern District Attorney David E. Sullivan.

For that reason, we have today filed a nolle prosequi (dismissal) of the arson and homicide

charges against Mr. Baye.Although not the entirety of the case against Baye, the incriminating statements he made

during his videotaped interview were a significant part of the Commonwealths presentation

to the Hampshire Grand Jury in February 2010. Because this prosecution was undertaken, and

these indictments were obtained, in reliance upon the defendants incriminating statements,

the Commonwealth has determined that the interests of justice are best served by presenting

this matter to a new Grand Jury. The Commonwealth does so for two major reasons.

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First, the incriminating statements Baye made during his videotaped interview formed an

integral part of the initial Grand Jury presentation that resulted in the indictments against

him. Now that the Supreme Judicial Court has deemed these statements inadmissible, fairness

dictates that the case be re-presented to a new Grand Jury for a fresh consideration of the

Commonwealths evidence. Ensuring the integrity of the Grand Jury process and protecting the

rights of all citizens, victims and defendants alike, remains central to seeking justice in this case.

Second, the Double Jeopardy clause of the Fifth Amendment to the United States Constitution

requires the Commonwealth to put its best case forward when it eventually proceeds to trial

against the person responsible for setting these fires. The new grand jury proceeding will

provide the Commonwealth with the opportunity to obtain and present additional evidence

regarding the 2007 and 2009 Northampton fires.

Baye remains incarcerated in lieu of $150,000 bail set, today, by Judge Constance Sweeney on

six remaining indictments. Those indictments, which charge Baye with the felony of misleading

the authorities during their investigation into the fires, in violation of Massachusetts General

Laws chapter 268, 13B, remain in effect (Indictment No. HSCR2011- 117). Each of these

indictments carries a maximum potential sentence of 10 years incarceration in state prison.

A status date of August 27, 2012 has been set on that set of charges