Judge orders new trial in bus arson case
(Middletown-AP) _ A Superior Court judge has thrown out a conviction against a man who allegedly torched a fleet of school buses and has ordered a new trial based on evidence that another suspect may have been involved.

Superior Court Judge Salvatore Arena made the ruling Friday, but has yet to set a new trial date.

David Saraceno, 22, was convicted in June 1998 of the 1994 arson that caused $500,000 in damage to the Haddam-Killingworth bus fleet.

"I'm very pleased and happy that justice was done," said Saraceno's lawyer, M. Hatcher Norris.

Norris filed a lawsuit against the state in October seeking a new trial for his client, arguing prosecutors tampered with witnesses and ignored a second, unrelated set of suspects.

Calvin Fear and another man, Charles Gutaukas, made comments to others implicating themselves in the arson, Norris has said.

Norris tried to question Fear about the comments at a hearing in January, but Fear repeatedly invoked his Fifth Amendment rights to avoid self-incrimination.

In February, Arena agreed to ask the state Supreme Court whether he has the power to grant a witness protection from prosecution.

Norris had requested the move, which could set a state precedent, to elicit testimony in the appeal of Saraceno. That decision is still pending, Norris said Friday.

The immunity Norris is seeking would prevent the witness from being prosecuted based on his testimony, but charges could still be filed based on independent evidence.

Assistant State's Attorney Russell C. Zentner has opposed immunity for Fear, arguing it is the prerogative of the prosecutor _ not the judge _ to grant immunity.

(Copyright 1999 by The Associated Press. All Rights Reserved.)

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