Olivia Riner

Case overview

Olivia Riner was a Swiss au pair accused in the arson death of 3-month-old Kristie Fischer while working in the home of William Fischer and Denise Fischer. She was acquitted of all charges against her in the arson death of a baby in her care on July 8, 1992.

Background

Olivia Riner was 20 years old. She came from Wettingen, Switzerland, and worked for the Fischers through an international agency in Cambridge, Massachusetts, E.F. Au Pair.

William Fischer, 48, owned an auto-repair shop. Denise Fischer, 39, was an accountant. The Fischers hired Riner to work for a year. Riner had worked for the Fischers for about a month before the fire.

Riner had previously been a pediatrician's assistant in Switzerland. She also had experience as a baby-sitter for a Swiss family over three incident-free years.

Riner’s parents were Kurt Riner and Marlies Riner. Marlies, 38, was a part-time secretary, and Kurt was a regional chief of civil defense. Riner’s father flew over regularly to be with her, and her mother stayed with her throughout the seven-month ordeal.

Riner had previously surrendered her passport and had affixed two thumb prints in court to a sworn statement that she would not “seek repatriation” nor sanctuary in the Swiss consulate or embassy, and that she waived the right to contest extradition if she went to Switzerland.

The offence

Kristie Fischer was 3 months old. The fire occurred in the Fischers’ home, described as a two-story house and also as a split-level house, in Thornwood in the Mount Pleasant hamlet area.

Investigators said the home was ablaze after Riner discovered one of the Fischers’ cats became spooked. The accounts described three separate fires in the Fischer home. Burns were found on Kristie’s body, and investigators said she may have been doused with accelerant and ignited.

Investigation

The prosecution described the case as involving seemingly inexplicable acts and arson set with flammable liquids, some of which were said to have been poured on the diaper of the 3-month-old baby, Kristie.

The prosecution acknowledged that it would not spell out a motive and that there was no physical evidence linking Riner to the arson, including no fingerprints, no fibers, and no fuel on her clothing.

Defense attorney Laura A. Brevetti argued that the police had botched the investigation. Brevetti said investigators took no notes when they spoke to John P. Gallagher III at the scene, discarded a blood sample found on the doorjamb near Kristie’s room, and did not examine the baby’s incinerated car seat until two days after the murder.

Brevetti also argued that the authorities had no incriminating fingerprints on paint-thinner containers found in the house, and that no traces of any fire accelerant were found on Riner’s clothes.

The police investigation was described in later reporting as thorough by Westchester District Attorney Carl A. Vergari, who said the case was closed and that there was no other person besides the defendant “who had the means and the opportunity to start this fire.”

Arrest and pre-trial status

Riner had been in custody since her arrest on Dec. 3. Police Chief Paul Oliva said that about 5 P.M. the day before, Riner set three separate fires in the split-level house of William and Denise Fischer in Thornwood, killing their only child, Kristie. Police said she was jailed without bail at arraignment.

Riner was released after posting $350,000 bail on Dec. 31, 1991. To ensure she would not flee, she agreed to wear an electronic ankle bracelet, or monitoring device.

Riner’s parents, Kurt and Marlies Riner, raised $75,000 from family and friends. Strangers contributed most of the $350,000 bail.

Judge John Carey of Westchester County Court agreed to the bail package presented by the defense, which included provisions aimed at preventing Riner from fleeing to Switzerland. Because there was no extradition treaty between the United States and Switzerland, the court expressed concern that she might seek asylum in Switzerland.

For a moment it appeared Riner’s release would be delayed when Judge Carey objected to an omission in the Swiss declaration regarding possible sanctuary for Riner in a Swiss consulate or embassy. Ms. Brevetti and prosecutor George L. Bolen assured the judge that Swiss authorities had said she would be escorted off the premises immediately if she sought sanctuary.

Riner surrendered her passport, and her mother did the same. She also affixed two thumb prints in court to the sworn statement described above.

Charges and courtroom proceedings

At the trial’s start, Assistant District Attorney George Bolen promised he would “establish a reason” for the seemingly wanton murder of a defenseless infant.

Riner was charged in connection with Kristie Fischer’s death with four counts: three charges of second-degree murder and one count of arson. She also faced murder and arson charges in arraignment.

Assistant District Attorney George L. Bolen said:

"You will hear from no eyewitness. You will hear no confession. You will see no videotape of the crime being committed,"

and warned the jury:

"Appearances can be deceptive."

In his earlier statements, Bolen promised:

"establish a reason"

Defense counsel Laura A. Brevetti repeatedly attacked John P. Gallagher III, the boyfriend of Leah Fischer, as having taken part in setting the fire. In her closing statement, Brevetti referred to Gallagher as:

"walking reasonable doubt."

Judge Donald N. Silverman conducted proceedings in the Westchester County courtroom in White Plains and later commented on the case.

Trial: evidence and witnesses

Riner was questioned for 10 hours straight. She was questioned first at a neighbor’s house and then at police headquarters. She spoke Swiss-German and had only halting English. The questioning occurred without an interpreter or lawyer present.

Riner maintained her innocence. She told detectives, repeatedly:

"I don't set no fire,"

and in another report:

"I don't start no fire,"

During the investigation and testimony, it was stated that Riner told the police she was alone in the house and would have heard anyone else enter. The prosecution’s case hinged in part on this statement and on the claim that police could find no evidence of forced entry by an intruder.

At trial, William Fischer testified that before the fire he felt Riner was an intelligent girl who enjoyed a good rapport with Kristie, and that though she was a reserved bookworm, she was comfortable with the family.

William Fischer also testified under questioning from Judge Donald N. Silverman that, on the day of the fire, he came home for lunch and was able to enter the house without being seen or heard by the nanny.

John P. Gallagher III testified he was the first to reach the scene after the fire started. Gallagher was 26 years old and described as the boyfriend of Leah Fischer, Kristie’s half sister.

Gallagher testified that he had been on the way to meet Leah when he arrived at the Fischer house to find it ablaze. He testified he grabbed a fire extinguisher from Riner and kicked open the nursery door, which had been locked. He testified:

"The baby was on the floor in front of me...the flames were coming right off the child,"

and that he extinguished the fire and saw the child was dead, with her body burned over 80 percent.

Defense challenged parts of Gallagher’s testimony. Gallagher stated he had graduated from high school, but later was forced to admit he was expelled for cutting classes. The defense also said he lied on an insurance application by failing to acknowledge several traffic violations.

Brevetti also highlighted connections between Gallagher and police. Gallagher was said to know acting police chief Anthony Provenzano as “Uncle Tony,” and he was also described as knowing the town’s acting police chief. The accounts additionally stated Gallagher’s family had close ties with police, and that one of the first officers on the scene was Gallagher’s former swimming coach.

Brevetti suggested Gallagher’s relationship with Denise Fischer, his girlfriend’s stepmother, could have been a motive for setting the fire, and Gallagher testified:

"It's not a great relationship, but I get along with her,"

Gallagher was granted immunity for grand jury testimony.

An arson expert said there was no evidence of the fire extinguisher material around the baby.

Riner’s recorded statements to police were presented with additional detail. She was heard on tapes reporting the fire to an emergency operator. In interviews and a transcript of an interview given to police without a lawyer present, she said in stilted English:

"I go out for feed the cats"

and in that transcript she said she was busy and did not know how the fires started.

During the trial, the prosecution produced no direct evidence such as fingerprints linking Riner to the crime and did not establish a plausible motive. The prosecution also did not find incriminating fingerprints on paint-thinner containers found in the house, and no traces of any fire accelerant were found on Riner’s clothes.

Trial: deliberations and verdict

The trial ended with a jury acquittal.

On July 8, 1992, after a single day of deliberations, the jury acquitted Olivia Riner of all charges against her in the arson death of a baby in her care. One account stated the jury deliberated for 13 hours on three charges of second-degree murder and one count of arson, and that the jury forewoman, Shanett Yancy, read the verdict at 11:16 P.M.

The jury foreman said “Not guilty” to the charges that Riner had murdered Kristie by dousing her with paint thinner and setting her on fire.

Judge Donald N. Silverman dismissed the jury and said:

"I happen to agree with your verdict. I think we've had a good verdict, and I think it's the right result."

After dismissing the jurors, Judge Silverman said:

"You are now free."

The judge also said:

"The prosecution had not proved the case against the native of Wettingen, Switzerland."

Judge Silverman also indicated:

"The case," he said, "has not been solved."

Aftermath

After the verdict, Riner closed her eyes but remained immobile, and spectators reacted with relief and applause.

Riner embraced her attorney Laura Brevetti. Riner displayed visible emotion, and tears were described as streaming, with a huge grin.

Riner told reporters:

"I can't be angry. I am relieved at this point. I am sorry this happened, and I am very sad [the Fischers] lost their daughter."

In another account she said:

"It doesn't bother me," she said, "because I know I didn't do it."

and she also said:

"I'm sorry that a terrible thing happened and I'm very sad they lost their daughter."

Kurt Riner said:

"At last we can be a family again."

Denise Fischer said:

"She wasn't as sweet as you would think,"

and later that the verdict was:

"horrible."

In response to the courtroom reaction, Denise Fischer also said:

"It was extremely rude of the people in the courtroom to give a standing ovation and forget about the fact that we lost our baby,"
"The real thing here is, we lost our baby. How do we go on?"

John Gallagher said:

"I'd like to get up and punch her in the mouth.... She made me look like an idiot."

Gallagher’s mother said:

"It's been rough on him; it's been rough on the whole family. There is tension in the house."

District Attorney Carl Vergari announced that the case would not be reopened.

Asked about the prosecution’s position after the acquittal, George L. Bolen said:

"The bumbling prosecutor, at it again."

and, when asked if he still believed Riner committed the crime, he answered:

"In my heart of hearts, despite the fact that the jury has spoken, I believe Olivia Riner has done this particular crime."

Vergari said the case was closed and:

"The case is closed."

Vergari also said:

"There is no other person in this world besides this defendant," Mr. Vergari said, "who had the means and the opportunity to start this fire."

Timeline

• Nov. 1 — Riner began working for William and Denise Fischer through E.F. Au Pair.
• Dec. 2 — Police said Riner set three separate fires in the Fischer home in Thornwood; Kristie Fischer died.
• Dec. 3 — Riner was arrested and held in custody.
• Late December (before Dec. 31 release) — The case generated international attention after Riner was indicted and faced charges of second-degree murder and arson.
• Dec. 31, 1991 — Riner was released on $350,000 bail after agreeing to wear an electronic ankle bracelet; she evaded reporters and left with her parents.
• June 2, 1992 — The trial started in Westchester County District Court in White Plains.
• July 8, 1992 — The jury acquitted Olivia Riner of all charges after deliberating.

Other details

Riner’s attorney Laura A. Brevetti repeatedly questioned the local police department’s handling of the case, and suggested that the investigation had “put blinders on” and charged Riner rather than try to solve the crime.

In the aftermath of the verdict, Brevetti called for a renewed investigation, saying an arsonist remained at large in the Mount Pleasant area where the Fischers had lived.

In jury interviews after the verdict, jurors said the prosecution had not demonstrated Riner’s guilt beyond a reasonable doubt, a standard Judge Silverman had told them was needed for a guilty verdict. Jurors also said they were troubled that the prosecutor never suggested any motive that might have driven Riner to commit the crime.

One juror, Irving Wilmot, said:

"It was a heinous crime, a horrible crime. But it was not difficult to come to a decision,"

Several jurors stated they asked to re-evaluate evidence because at least one member of the panel began deliberations saying he wanted to refresh recollections from the month-long trial.

Riner’s defense strategy was described as aiming to try to poke holes in the prosecution’s circumstantial case.