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Daly, a former prosecutor in Los Angeles and San Francisco who led the arson units and now is in private practice, said “it is a novel theory to say they created a situation so hazardous that it rises to the level of involuntary manslaughter.” She said prosecutors are going to have to present evidence that the pair’s “negligence rose to a level where they knew it would happen.” That, she said, is very high standard given prosecutors won’t be able to tell jurors how the fire started because they say they are not sure. “They have an undetermined origin and cause, and that is a problem for prosecutors,” she said. “That is an awful tough case to make.” Daly said defense lawyers will seek to undermine the prosecutors’ theory with underlying issue of them not knowing its “origin and cause.” She said they will seek to suggest that the cause was unpredictable and series of events so rare that no one could foresee the deadly sequence. “When you don't know the origin and cause, that makes for reasonable doubt,” she said. Former Los Angeles Dist. Atty. Steve Cooley, however, said Almena’s and Harris’ careless behavior is likely to resonate with jurors. “It is not so much the cause of fire that matters. Much more important is recklessness in having that building packed with stuff and occupied in violation of just about every safety code in the city and the state,” he said.

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