A Lucas County judge on Tuesday rejected the contention by attorneys for Ray Abou-Arab, who was accused of arson, that investigators intentionally discarded a preliminary report that may have pointed to their client's innocence.
Common Pleas Judge Stacy Cook denied a motion filed more than a year ago by attorneys for Mr. Abou-Arab.
In light of what attorneys Pete Rost and Sam Kaplan contended was the destruction of potentially exculpatory evidence, the defense had asked the court to appoint a special prosecutor, to order disclosure of grand jury testimony, and to dismiss the indictment, including the death-penalty specifications, against their client.
Mr. Abou-Arab, 63, formerly of Oregon, is being held in the Lucas County jail on two counts of aggravated murder, each with death penalty specifications; two counts of murder, eight counts of aggravated arson, and one count of tampering with evidence for allegedly setting a Jan. 26, 2014, fire at a Magnolia Street building he owned.
The fire resulted in the deaths of Toledo Fire Pvts. Stephen Machcinski, 42, and James Dickman, 31.