Indictment THE GRAND JURY CHARGES: COUNTl [False Declarations Before Grand Jury]

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1 U.S. DISTRICT COURT N.D. OF N.Y. FILED f':~'1:',, ~ lv< ;' IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YO~AWRENCE ~ L~~~~MAN, CLERK UNITED STATES OF AMERICA Criminal No. /:14-CR-f/~(,/.$ v. JENNICA DUELL, Defendant. Indictment Violation: 1 Count 18 U.S.C. 1623(a & (c False Declarations Before Grand Jury County of Offense: Albany THE GRAND JURY CHARGES: COUNTl [False Declarations Before Grand Jury] 1. On or about May 2, 2013, at about 4:23 a.m., a fire was reported at a two-family rental property at 438 Hulett Street in Schenectady, New York. The fire and the resulting smoke and carbon monoxide caused the deaths of four people- David Terry and three young childrenseriously injured another child, and destroyed the building and the personal property inside. 2. On or about May 24, 2013 and on or about January 31, 2014, a grand jury of the United States in the Northern District of New York ("the grand jury" was conducting an investigation to determine whether arson, in violation of Title 18, United States Code, Section 844(i had been committed, and to identify any person or persons responsible for the commission of such violation. It was material to the grand jury proceedings to determine how the fire was started, who was involved, and what led to that happening. 3. On or about May 24, 2013 and on or about January 31, 2014, in Albany County in the Northern District ofnew York, the defendant, JENNICA DUELL, while testifying under oath in a proceeding before a grand jury of the United States, knowrr\wyfflfuh J~&I:Hit~ISTRICT OF NEW YORK. 'he undcr,ignt d Clerk of the Court, do hereby certify that this i,.1 tru.:, currrct Jnd full copy of the original document on file in Ill\ cuslody. = oi pclgcs (te } ; # of pages including (exhibits D.1tcd f/ / y -; Law t;n, K. Baerman, Clerk hy ----"'7'~~'?-J=:LL..i-f<.'P-s/-7-" 1 _.,.., Deputy Clerk.

2 which were inconsistent to the degree that one of them was necessarily false and each declaration was material to the point in question, that is JENNICA DUELL made the irreconcilably contradictory declarations material to the point in question detailed in paragraphs 4 through 18 below. 4. On or about May 24, 2013, JENNICA DUELL knowingly testified with respect to material matters as follows: Q. Did ask you if you wanted to be with him? Q. What did you say? A. I told him I did want to be with him. Q. What did say about whether he could make that happen? A. He said we never could be together unless Dave was all right with it or unless I was away from Dave. Q. Did he say to you that he could make it to where you could be together forever? A. Yeah, he did. Q. What did you say? A. I asked him how. Q. How did he respond? A. He said you'll see. Q. What did you say in response to that? A. I didn't have a response, I gave him a hug. 5. On or about January 31, 2014, JENNICA DUELL knowingly gave the following testimony which was irreconcilably contradictory to her testimony quoted in paragraph 4 and Q. Were the answers that you gave to those questions on page 9 true? Q. At the time you gave those answers, did you know that they were untrue? 6. On or about May 24,2013, JENNICA DUELL knowingly testified with respect to Q. How did you get to Schenectady that night? A. friend Q. Do you know how that was arranged, who contacted? 2

3 Q. What happened? A., 's other friend and called him. Q. Did you hear and s side of the conversation? A. Uh-huh, yes, I did. They said it. Q. What did they say? A. told that we needed a ride to take care of something and got on the phone. Q. What did say? A. That he needed his help, he needed 's help, that he was going to go down, he needed to go down to Schenectady to beat someone' s ass. Q. Did he say why? A. I don't remember if it was on the phone that he said it or if it was in front of the car. But he told him at one point, but I can't remember --no, he told him in front ofthe car. Q. Where was that? A. Outside of 's. Q. Outside of 's house? Q. So this man came with a car to 's? Q. And what happened? A. Before -- before he showed up I had gotten a bad feeling so I had tried to use my phone. I called, the one that was there with us, and told him I wanted to go home. I had a bad feeling about what was going to happen. Q. Where were you when you made that call? A. Outside of 's house. Q. Was inside? Q. Was that call made a little after 3 a.m.? Q. What did say? A. He told me to go with it, that it's not going to be that bad. He convinced me to come back into the house, told me not to worry. He said he had a bad feeling, too. Q. Then what happened? A. As I was going in, and come out, said, let's wait out here for I handed him my phone. He went inside for a little bit, maybe about five or ten, fifteen minutes. By the time he came out, that's when showed up. Q. Did you all get in 's car? Q. Where did you go? A. To Schenectady. Q. What was said on the way? A. Talks about how-- how I was tired of being controlled by Dave. Before we got into the car, though, was explaining to what was going on about Dave. Q. What did he say? 3

4 A. That he had to come face to face with Dave so that me and him could be together. And I kept telling him to do it, I kept telling him to get it over with. 7. On or about January 31,2014, JENNICA DUELL knowingly gave the following testimony which was irreconcilably contradictory to her testimony quoted in paragraph 6 and Q. Were you asked those questions, and did you give those answers under oath on May 24 of2013? A. Yes, I do remember some ofthem, some of them I do not remember. I don't know how I would answer that. Yes. Q. Were any of those answers true? Q. At the time you gave those answers, did you know that they were not true? 8. On or about May 24, 2013, JENNICA DUELL knowingly testified with respect to Q. Was there a stop between Saratoga and Schenectady? Q. Where did you stop? A. Sunoco. needed cigarettes and needed to get gas. Q. Was that a Sunoco in Schenectady? Q. Where? A. Erie. Q. What happened at the gas station? A. got out to pay for the gas and get cigarettes. And he came back in -- came back out picking up the gas. He took a container out of the trunk and filled that up with gas. Q. What kind of container? A. A gas can. Q. What color was it? A. Red and yellow. Q. What did he do with it when he finished? A. He put it back in the trunk. Q. Where was when this was happening? A. He was sitting in the backseat next to me. But he did get out of the car for a few minutes before got in the car. 4

5 9. On or about January 31, 2014, JENNICA DUELL knowingly gave the following testimony which was irreconcilably contradictory to her testimony quoted in paragraph 8 and Q. Were you asked those questions, and did you give those answers? Q. Were any of those answers true? Q. At the time that you gave those answers, did you know that they were not true? 10. On or about May 24, 2013, JENNICA DUELL knowingly testified with respect to Q. What happened next? A. Drove off, told how to get to Hulett Street. Q. Is that where you went? Q. Where did park? A. Across the street. Q. Right in front of the house or further down the block? A. Further down the block. Q. What happened then? A. We all got out. told me to go upstairs and get Dave and I told him to do it himself. Q. How did he react to that? A. He was angry. Q. Did he say anything or do anything? A. No, he just went to the trunk. Q. What did he do there? A. He grabbed the gas can, had a smaller water bottle, and poured some of it in there. He put the gas can back in -- back in the trunk. He walked over to the house and I followed him. Q. Where were and at the time? A. I would believe they were behind me. Q. What happened next? A. We go up the stairs and I'm asking him what he was doing. He said he was trying to scare people. Said he was psycho just like Dave. Q. What happened? A. He poured the gas in the hallway all over the hallway. We started arguing. Q. How did he pour the gas? A. He was trying to make sure some got up at the top stairs, he was going like this with it. 5

6 Q. Flipping it up with his hand? Is that yes? Sorry. Q. Where was he standing when he did that? A. In the middle of the stairs. Q. You started to say that there was arguing. What was said? A. I asked him what he was doing. He said we could finally be together. I asked him what he was talking about. I just kept telling him don't do this. He asked me how I knew what he was doing. Q. What did you say? A. I'm not stupid. The arguing went on for about five minutes, until he lit the stairs. Q. In that time was any mention made of the kids? A. Yeah. Q. What did you say? A. My babies are in there. Q. Was that what you said? Q. What did he say? A. He didn't say anything. Q. Did he say they would be fine? A. They are not going to get hurt. Q. Was there anything else said? A. All the way back to the car, because he was dragging me back to the car, I kept screaming fire, my babies, over and over again, hoping that someone would have heard or at least would have helped. Q. How was the fire lit? A. He took my Zippo lighter and a piece of cloth that had a little bit of gas on it and lit it. 11. On or about January 31, 2014, JENNICA DUELL knowingly gave the following testimony which was irreconcilably contradictory to her testimony quoted in paragraph 1 0 and Q. On May 24, 2013, were you asked those questions, and did you give those answers? Q. Were any of those answers true? 12. On or about May 24, 2013, JENNICA DUELL knowingly testified with respectto Q. Who was it that lit the fire? A. did. 6

7 Q. Was that? A Yes. Q. What happened after he lit the fire? A I saw the flames. I saw the flames and I wanted to get in there, I wanted to so bad but he wouldn't let me. He took me back to the car. Q. Who did? A did. Q. By himself? A He had right there. Q. What about, what was he doing? A. I don't remember. He wasn't by the car. He didn't get into the car until after we did. Q. Were any ofthem touching you? Q. How so? A had ahold of my arm. Q. Anybody else? A No. Q. didn't have any hands on you? A No. Q. What happened next? A We get in the car, gets in the car, we drive back to Saratoga. Q. What was said in the car? A I said the kids. And he said, don't worry, they will get out And I was just crying the whole time after that. and were just talking maybe that will teach him, what said. 13. On or about January 31,2014, JENNICA DUELL knowingly gave the following testimony which was irreconcilably contradictory to her testimony quoted in paragraph 12 and Q. Ms. Duell, were you asked those questions, and did you give those answers? A Yes. Q. Were any of those answers true? A No. Q. At the time you gave those answers, did you know that they were not true? A Yes. 14. On or about May 24, 2013, JENNICA DUELL knowingly testified with respect to Q. Was there any discussion of what your story should be? A. We were in Saratoga the whole night. 7

8 Q. Who said that? A.. Q. Did he say that in the car? He also said it at his sister's house. Q. At 's? 15. On or about January 31, 2014, JENNICA DUELL knowingly gave the following testimony which was irreconcilably contradictory to her testimony quoted in paragraph 14 and Q. Were you asked those questions, and did you give those answers? Q. Were any of those answers true? Q. At the time you gave those answers, did you know that they were not true? 16. On or about May 24,2013, JENNICA DUELL knowingly testified with respect to Q. Was there a point in time that night that said to you do you want to be free? Q. When did that happen? A. At the house, 438 Hulett Street. Q. Was that before or after, during-- A. Before. Q. --setting the fire? Before setting the fire? Q. What did you say? A. I said yes. Q. That is before or after poured the gas? A. Before. 17. On or about January 31,2014, JENNICA DUELL also knowingly gave the following testimony which was irreconcilably contradictory to the material matters quoted in paragraph 16, and the material matters quoted in paragraphs 6, 8, 10, 12, and 14, and 8

9 inconsistent to the degree that either the following testimony or that quoted in paragraphs 6, 8, 10, 12, 14, and 16 is necessarily false: Q. In the period of time from midnight, as May 2 started, through 9:00a.m., had you left that apartment in Jefferson Terrace in Saratoga Springs? A. We actually didn't get there till about 1:45, 2:00, because we were still roaming Saratoga. So from about 1:45 till about 9:00, we didn't leave anywhere. Q. Is it your testimony that neither nor left the apartment between those hours of 1 :45 to 2:00 a.m. through 9:00 a.m.? Q. And on what do you base that? A. When I went to asleep, they were both there. When I woke up, they were both there. And I was still on s chest when I woke up. Q. Is it your testimony today that when you testified on May 24, 2013, that you had traveled back to Schenectady in the middle of the night in the early morning hours of May 2, that that was not true? A. Yes, it wasn't true. Q. And is it your testimony today that at the time you testified that you had traveled back to Schenectady in the early morning hours of May 2, you knew that that wasn't true? 18. On or about January 31, 2014, JENNICA DUELL also knowingly gave the following testimony which was irreconcilably contradictory to the material matters quoted in paragraph 16, and to the material matters quoted in paragraphs 10 and 12, and inconsistent to the degree that that either the following testimony or that quoted in paragraphs 10, 12, and 16 is necessarily false: Q. Did set the fire at 438 Hulett Street on May 2, 2013? All in violation oftitle 18, United States Code, Section 1623(a & (c. 9

10 Dated: November 7, 2014 A TRUE BILL, RICHARD S. HARTUNIAN United States Attorney By:~ By: 10

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