But that is what the preliminary hearing is all about, showing that there is enough evidence to bring things to trial. Obviously, there is. Convictions, however, don't occur at preliminary hearings, and those hearings are biased predominantly for the prosecution. There not much defense counsel input into them.
Looking at what was reported on the Coloradoan story quoted below, the most damaging piece of evidence is the watch. How did the watch get to be in the area? I won't get into conjecture on that one point, because that is a crucial piece of evidence. Kind of like homie's broken hand that didn't hit nobody. Some thoughts on everything else though:
Taken in total, though yes, a jury needs to decide. Saying that, I would sincerely ask Mr. Gilmore to look into himself, judge, and be a man. If you did it, spare your wife, family, loved ones, supporters, and the taxpayer a bunch of grief. If you did it own up.
If you can honestly take that look and say “no, I didn't do it”, then fight like an animal. Remember though, it's not about guilt or innocence, but rather about what you can convince a jury to believe.
Coloradoan Story: Investigators say at time of his arrest Penny Flats fire suspect had 'blistering, peeling' wounds
Corresponding story: Evidence linking Fort Collins fire to activist detailed (not quoted)
Author: Robert Allen
Quote (1/21/2012 Updated story):
A judge today bound over for trial all seven charges - including attempted murder and arson - against Benjamin David Gilmore in the case of the Oct. 24 Penny Flats fire.
The lead Fort Collins police detective investigating the fire testified in today's evidenciary hearing that when suspect Benjamin David Gilmore was arrested, he had blistering, peeling wounds on his hand and foot.
Gilmore was arrested after investigators found a watch engraved with his name at the downtown Fort Collins fire scene, according to Detective Mike Averch.
After that, police began to watch Gilmore and saw him testify at a Fort Collins City Council meeting wearing black gloves and on another occasion with a bandage on his hand.
Gilmore, 30, a local beekeeper and Occupy Fort Collins activist, was arrested Nov. 4 on arson charges.
He maintains his innocence, and his family continues to support him, said his brother, Andrew Gilmore after court Friday. He declined to comment on specifics about the watch but said the legal team will present the reasons for Benjamin Gilmore's innocence.
Benjamin Gilmore was taken into custody near Picnic Rock, according to police testimony. Following his arrest, authorities searched Gilmore's vehicle and found a black hooded sweatshirt, fire wood, a gas can, start sticks and gauze with bodily secretions on it, according to police testimony.
This month, the Larimer County District Attorney's Office added a second arson count, a second criminal mischief count and two attempted first-degree murder charges to the original arson charge in the case.
Earlier during today's preliminary hearing, prosecutors showed a cell phone video of the fire shot by a third-floor Penny Flats resident who reported seeing a man wearing a black hoodie and green pants running from the scene, according to prosecutors.
Additionally, ATF special agent Christopher Forkner testified about the investigation into the fire that destroyed the four-story Mason Street Flats building under construction at 311 Mason St. and heavily damaged the Penny Flats building.
Gilmore was an early supporter of Occupy Fort Collins, which had set up camp a block away from where the fire burned. Days before his arrest, he addressed City Council asking the city to be more accommodating to the movement.
Gilmore faces a total of seven counts, all felonies. The attempted murder counts, class 2 felonies, carry sentences on conviction of eight to 24 years in prison. The two arson and two criminal mischief counts are class 3 felonies, each with possible penalties of four to 12 years in prison.
Testimony in today's preliminary hearing will resume after a lunch break. At that time, the defense will cross examine Averch and present arguments.
Judge Devin Odell is expected to rule today on bounding this case over for trial.