Legal Question in Constitutional Law in New York

My mom's boyfriend was recently arrested and charges with two felonies and a misdemeanor for starting a bathroom fire in the bar around the corner. However, he claims he did not do it. They did not question anyone else about doing the fire and three people - the owner, the owner's brother and an employee - claimed that he was the last one out of the bathroom. They did not arrest my mom's boyfriend that night and let him go, saying they didn't have enough evidence to arrest him.
Eight days later, the sheriff showed up at our door and took him in for questioning. They then had statements from the owner, his brother and the employee, which neither my mom nor her boyfriend saw taken on the night the fire occurred. On these statements alone, they are charging him with arson in the third (felony) , criminal mischief in the second (felony) and reckless endangerment in the second (misdemeanor).
However, when we first moved to the area my mom and her boyfriend were jumped by several men. One of the men actually hit my mother, leaving a bruise on her, but the police did not charge him with anything when they came. Since then, my mom's boyfriend has seen the man that hit my mother and went to confront him - this man then ran into the bar my mom's boyfriend supposedly started a fire in, so we're assuming he might know the owner or something.
The owner of the bar was also speaking to the officer that had put my mom's boyfriend in the back of the police car the night of the fire by first name.
Basically, we're thinking there's a huge conflict of interest going on here but I wanted to ask some other people. Is it even legal to charge him on just statements - and ones that were taken after the fire, at that? Given that it wasn't taken that night, it would give the 'witnesses' time to collaborate a story and therefore frame him, would it not?

Asked on 11/20/10, 4:31 pm

Locksley Wade Law Office of Locksley O. Wade

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The D.A. can charge the crime and he/she must prove it beyond a reasonable doubt. Your story is an issue of fact for the jury decide.

Answered on 11/27/10, 7:16 am

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