An attorney for the family of the two young women who died this summer in a fire at a rented house in Noyac has written to Suffolk County District Attorney Raymond Tierney asking why his office has not pursued criminal charges in the tragedy, which struck the vacationing Wiener family on Aug. 3.
The family is "trying to understand how two homicides occurred within your jurisdiction more than two months ago, and neither your office nor the relevant police authorities have done anything to investigate the matter," their attorney, Andres Alonso, wrote in an Oct. 13 email to the D.A.
Mr. Tierney, via a spokeswoman, pushed back against that assertion on Friday afternoon, after earlier declining to comment on the fire and the possibility that criminal charges could be filed against the homeowners, Pamela and Peter Miller. The Wieners had rented the house from the Millers via the VRBO short-term-rental portal.
The lawyer's email begins by recounting the events leading to the deaths of Lindsay Weiner, 19, and Jillian Weiner, 21. The two young women, who were asleep in their second-floor bedroom of 3 Spring Lane in Noyac at the time, were unable to escape the flames and perished in the blaze. Fire investigators have pointed to an outdoor kitchen add-on as the likely culprit.
Lewis Wiener, 60, and his wife, Alisa, 52, both escaped the fire, as did their 23-year-old son Zachary, who suffered burns on his hands; his father had burns on both hands and feet. Ms. Wiener was treated for smoke inhalation, according to the lawyer's letter.
Addressing Mr. Tierney directly, Mr. Alonso writes that the Southampton Town Attorney's office had advised him throughout the summer that "your office was involved in this matter and being kept apprised of the developments."
"We recently learned that this is simply not true."
After receiving no updates about the case, Mr. Alonso contacted the D.A.'s office directly, and was informed, he writes, that the D.A. was "not undertaking any investigation of this matter."
He then contacted the homicide unit of the Suffolk County Police Department, who "further confirmed that there was no current police involvement in this matter. . . . "
Beyond a cursory arson squad investigation on the morning after the fire, the latter states, "there has been no investigation of this matter by your office or the Suffolk County Police Department."
The D.A.'s office is pushing back on that assertion. On Oct. 12, in response to an inquiry from The Star asking for any available updates on a potential criminal investigation of the Millers, Tania Lopez, a spokeswoman, said via email that "We don't comment on unfiled charges or plans to file charges."
On Oct. 14, after Mr. Tierney received Mr. Alonso's letter, The Star called Mr. Tierney's office again. The following day, Ms. Lopez reported that "the D.A.'s Homicide Bureau is investigating this tragic fire. We can't comment any further since this is an ongoing investigation."
In his letter, Mr. Alonso highlights a report from the electrical expert enlisted by the Southampton Town Attorney's to investigate the source of the fire. That report "makes clear" that the outdoor kitchen had been added to the property illegally, creating the risk of fire.
"To compound the matter," Mr. Alonso stated, "it appears that the Millers took steps to disconnect or defeat all of the smoke detectors in the home. In some instances, it appears that they removed the battery backups and disconnected the electrical supply to the smoke detectors. Specifically, the detector outside the room where the Wiener sisters were sleeping had been rendered inoperable prior to the fire."
That report, which was prepared by East Quogue-based East End Inspections following an Aug. 18 electrical-systems inspection of the heavily damaged house, was included in the email packet sent to Mr. Tierney on Oct. 13. Citing 19 electrical "defects," it concludes that the house was "in non-compliance of the National Electrical Code," and highlights in its conclusion that the two smoke detectors outside the two upstairs bedrooms were inoperable.
One of them "had not been connected to the electrical system at the time of the fire," nor had its battery backup system been installed, Mr. Alonso charges. "This NYS Building Code Violation left the bedroom without adequate smoke detection."
Another upstairs bedroom's smoke detector was connected to the electrical system but was de-energized during the fire. While it had a backup battery, "the battery appeared to be old and not working at the time of the fire" according to the report prepared by Edward Seltenreich, East End Inspection's chief investigator.
Both smoke detectors were older models that "should have been upgraded" to meet New York State regulations around residential smoke detectors, Mr. Seltenreich concluded.
After testing the electrical system, the investigator also concluded that its circuitry and distribution "appeared to have been altered from the original installation," noting numerous electrical "defects."
In his letter to Mr. Tierney, Mr. Alonso cited a similar case in Hempstead, involving a landlord who was arrested last month and charged with criminally negligent homicide after a fatal fire in a rented house killed an upstairs tenant and injured two others. The Nassau County District Attorney's office charged the landlord after determining that there were no functioning smoke alarms on the premises.
Edward Burke of Sag Harbor, the attorney representing the Millers, was provided a copy of Mr. Alonso's letter by the Star on the morning of Oct. 14. He acknowledged receipt of it -- emailing "Okay" -- but had not commented further as of late this morning, Oct. 15.
Mr. Burke has emphasized that his clients were traumatized by the events of Aug. 3. The Millers are scheduled to appear in Southampton Town Justice Court on Nov. 18; they are facing dozens of town code violations filed in the aftermath of the fire.
The Wiener family lives in Maryland, and Mr. Alonso's email appears to put Mr. Tierney on notice that other high-level officials have been apprised of the case. The email was cc'd to the office of Sen. Christopher von Hollen of Maryland and sent to Representative Jamie Raskin of that state via his personal email account.
The email was sent to Suffolk County Executive Steve Bellone and Southampton Town Supervisor Jay Schneiderman as well, and to The Star.
Mr. Alonso, a principal in the firm of Alonso-Krangle of Melville, personal injury attorneys, concluded it by saying he would welcome the opportunity for his clients to meet with Mr. Tierney, "to discuss your views on this matter."
