The Story of Kristine Bunch- How Arson Investigators Sent A woman to Prison For More Than 17 Years

The Fire

On June 30, 1995, a fire broke out in Kristine Bunch's Indiana house, killing her 3-year-old son, Anthony.

“I woke up and my home was on fire. and I tried to get into my son’s bedroom and there was fire in the doorway,”

"I awoke to see my house on fire. and when I tried to enter my son's room, there was fire in the doorway,"

She busted a window and attempted to enter her son's bedroom to save him.

“My neighbors ran up and pulled me out of the window,” she said.

She soon discovered that her son had died in the fire. Anthony's blood had 80 percent carbon monoxide.

The Investigation That Wrongfully Put Her in Prison

Brian Frank, a state arson investigator, determined shortly after the fire that it had originated in two locations and that a liquid accelerant, such as kerosene or charcoal lighter fluid, had been used at both locations. Six days after Frank's investigation, Kristine was charged with arson and felony murder.

At her trial, which opened on February 26, 1996, Frank told the jury:

"There were two separate fires. One was in the south bedroom, along the south wall. That was caused by the liquid accelerant being present. The second fire originated at the doorway, the area of the doorway of the south bedroom into the living room. And there was a liquid accelerant poured across the floor of the living room that went to the front door of the mobile home."

William Kinard, a forensic analyst with the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF), testified that he recognized "a strong petroleum distillate" in flooring samples collected from both the living room where the fire was believed to have begun and the bedroom where Anthony was found dead.

On March 4, 1996, the jury plainly believed the prosecution witnesses and declared Kristine, then 22 and pregnant, guilty of murder and arson. Judge John A. Westhafer sentenced her to concurrent jail terms of 60 years for murder and 50 years for arson on April 1 of the following year.

Kristine maintained her innocence and while in prison she tried everything possible to get herself out. She even studied and got her bachelor's degree.

Her Fight For Freedom Continues

Bunch knew she wasn't guilty in her heart, and she spent a lot of time in the prison's law library reading and educating herself about U.S. Supreme Court rulings, faked ATF reports, and court transcripts from wrongfully incarcerated people.

Coping was impossible; her attention had to be continually diverted in order for her inner demons to quiet down. Thankfully, the institution pushed the ladies to be something different at the time.

During her pregnancy, Bunch tutored criminals for their GED tests in between classes and learning legal terminology. She completed a 1500-hour cosmetology course and obtained her license. While prison, she completed college courses and got her associate and bachelor's degrees through Ball State University.

Bunch spent her days checking phonebooks diligently, writing and mailing hundreds of letters each week, imploring anyone who looked promising for assistance.

Some people responded to her, but the majority did not. Attorneys, on the other hand, typically demanded $25,000 to $50,000 in payment up front. She could never approach her family for it because they were caring for Trent, the child she had in prison. This pattern continued until 2001.

Bunch wrote to an attorney, Hilary Bowe Ricks, through a friend she met in prison, who assumed Bunch was innocent after listening to her.

Hilary Bowe Ricks petitioned Judge Westhafer for post-conviction relief in 2006. A few months later, Kristine's supporter Betsy Marks wrote to the Center on Wrongful Convictions, requesting help; her message was forwarded to CWC staff attorney Jane Raley.

Jane consulted three fire forensic specialists — Jamie McAllister, John DeHaan, and John Malooly — after discussing the matter with Hilary Ricks and reviewing the trial transcript, who all agreed that the prosecution's arson testimony during Kristine's trial was most likely incorrect. Jane and Karen Daniel, a CWC staff counsel, agreed to join Hilary in representing Kristine.

One of the first things they did was subpoena ATF investigative files. In response, the ATF turned over previously unreported documents demonstrating that, contrary to William Kinard, the ATF analyst's trial testimony, no heavy petroleum distillate had been found in the bedroom, or indeed elsewhere in the trailer.

Kerosene was only discovered in the living room, where it had an innocent explanation: the family had used a kerosene heater in the living room throughout the winter months, and when filling it, it occasionally spilled petroleum on the floor. Tony's bedroom critical sample was absolutely negative.

The ATF records were extremely exculpatory because Kinard's trial testimony that a liquid accelerant had been found in both the bedroom and the living room left the unmistakable impression that the fire had been caused. Nevertheless, they had been kept from Kristine's trial counsel in contravention of the 1963 Brady v. Maryland ruling, which required prosecutors to turn over exculpatory documents to defense lawyers prior to trial.

After prolonged battle for freedom, Bunch walked out of the Decatur County Jail in Greensburg, Indiana on Aug. 22, 2012.

Prosecutors dropped the charges against her in Dec. 2012.

Bunch was declared eligible for compensation by the Indiana Criminal Justice Institute's Board of Trustees in October 2020.

References and Further Reading:

Convicted of murder by arson — but the fire was accidental

Kristine Bunch’s 17-year fight to prove her innocence