Closing Arguments Set To Begin In Retrial Of Man Convicted In Arson Deaths Of His Two Children

PHILADELPHIA (CBS) -- Closing arguments are set to begin Thursday morning in the murder and arson retrial of a man accused of killing his two young sons in a 1985 Oxford Circle rowhome fire.

Before the defense rested, the defendant, 56-year-old Daniel Dougherty waived his right to testify. Then, the lead attorney on his defense team, David Fryman, requested that judge Scott O'Keefe give special instructions on points of law to the jury, and how the verdict sheet is written. The defense maintains if the jury reaches a not guilty verdict on the arson charge during deliberations, the case ends.

Prosecutor Jude Conroy also finished up a second day of intensive cross-examination of the only defense witness to take the stand, forensic scientist John Lentini. Conroy challenged the arson expert's testimony and conclusions.

Lentini held fast, telling jurors the official cause should have been ruled "undetermined," not arson. He disputes the fire marshal's ruling in 1985 that the fire was intentionally set in three places, a sofa, love seat and table.

A previous jury convicted Dougherty, and he was sentenced to death in 2000, but an appeals court granted him a retrial.

In:
• Oxford Circle
• KYW Newsradio
• Philadelphia