By Bob Laylo
Morning Call
JIM THORPE, Pa. — A Jim Thorpe volunteer firefighter who claimed a learning disability prevented him from understanding the consequences of agreeing to police questioning has lost a bid to throw out a statement that authorities say implicates him in three arsons and a theft.
Christopher Karper, 20, is charged with setting fire to Community Pharmacy in Jim Thorpe and a neighboring apartment building on Feb. 4, 2006. He's also charged with setting fire to a two-story garage behind a borough residence and a hunting cabin — both in Jim Thorpe — in December 2006.
In addition, he's accused of stealing $110 from Fairview Hose Company in Jim Thorpe, of which he was a member, in September 2006.
Those charges were filed after state police Fire Marshal David Klitsch and Jim Thorpe Detective Joseph Schatz questioned Karper at the borough police station Dec. 5, 2006 — the same day as the hunting cabin fire.
Karper's lawyer, Robert Yurchak, contended at an April hearing that his client did not have the mental capacity to understand a police Miranda warning or the consequences of waiving the remain-silent safeguards.
Karper testified he failed two grades, had difficulty reading and comprehending what he read, and was in a special education program. His father corroborated the testimony, but no expert evidence was presented as to Karper's IQ or his capacity to understand and waive his rights.
In a ruling handed down Dec. 5, Carbon County Judge Roger Nanovic rejected Yurchak's arguments.
"Although we believe the defendant does indeed have learning difficulties, we are not convinced that defendant was intellectually incapable of giving a knowing, intelligent and voluntary statement," Nanovic wrote.
Nanovic wrote that Karper's written statements show a clear understanding of what he had done, that he was admitting wrongdoing and that he understood what he was saying. He described them as "lucid and detailed."
During the hearing, Karper said he gave police the statement so they would stop "harassing and badgering" him. He also said an officer threatened to stop his car and come to his house to harass him and his family, but he could not say who had made the threats.
Nanovic wrote that he did not believe Karper was subjected to threats, promises or coercion by police during the 90-minute questioning. He noted that Karper initially denied starting the fires or gave evasive statements, but changed his statement when confronted with evidence the police had.
He said that indicates Karper could evaluate his situation and his decision to confess was his choice.
The decision clears the way for the case to move ahead.
Karper is one of four firefighters in the county to be arrested on arson-related counts in the past two years. Three Kidder Township firefighters pleaded guilty to arson charges and got state prison terms.
Copyright 2007 The Morning Call, Inc.
All Rights Reserved
