Testimony ends in Schenectady fatal fire case

Early in their questioning of Edward Leon on Jan. 2, 2014, investigators focused on the “threat phone.”

They presented Leon with evidence that an anonymous TracFone used to send threatening text messages to David Terry was, in fact, Leon’s. Location data for that phone matched Leon’s personal phone.

“Yeah, I did have that phone,” Leon finally admitted.

But he still maintained he wasn’t in Schenectady the morning of the devastating May 2, 2013, fire that killed Terry and three of his children, and maimed a fourth.

By the end of the interview, having been confronted with evidence of his van being in Hamilton Hill around the time neighbors called in the blaze, Leon had admitted to being in Schenectady — and to actually seeing a fire.

Leon admitted to stopping his van near Terry’s 438 Hulett St. residence, hoping to identify it so he could return later to confront Terry over a woman. Leon stood across the street when he saw the fire, he said. He did not report it and said he did not set it, and he left.

“I saw a fire at a house on Hulett Street, so I got out of there and I went to work,” Leon told investigators. He said he didn’t want to be involved.

He claimed he saw someone walking or jogging away from the home. He thought it was a man in a hooded sweatshirt.

Investigators pressed for more information, but Leon stopped there.

“It’s a hell of a coincidence,” ATF special agent Mark Maher said in response.

“Yup,” Leon replied.

Prosecutors contend Leon’s statements show he committed perjury when he testified before a federal grand jury investigating the fire in November 2013. Leon is on trial in federal court, facing two perjury charges.

During his testimony before the grand jury, the 43-year-old Leon denied being in Schenectady the morning of the blaze and he denied knowing who used the TracFone to send threatening messages to Terry in the days leading up to the blaze.

Killed in the arson fire at 438 Hulett St. were Terry and three of his children, Layah, 3, Michael, 2, and Donavan Duell, 11 months. The only child to survive was Sa’fyre Terry, who was 5 at the time. She suffered severe burns.

No charges are pending against Leon or anyone else for setting the fire.

In a whirlwind two-day case, prosecutors this week used Leon’s own words to try and prove he lied to the grand jury. They also used cellphone records, street surveillance video and other evidence to show Leon lied.

Prosecutors have stayed away from explaining why the investigation focused on Leon when it did.

Leon’s defense attorney, David Gruenberg, continued his approach Tuesday of light cross-examination of prosecution witnesses. Gruenberg gave no opening statement Monday.

Prosecutors Wayne Myers and Grant Jaquith rested their case late Tuesday afternoon. Gruenberg put on no defense witnesses and Leon confirmed to Judge Gay L. Sharpe that he did not wish to testify himself.

Courts are closed today for Veterans Day. Closing arguments are expected Thursday morning.