Superseding Indictment Charges Duell With Five Counts Of Perjury In Schenectady Arson Homicide Case

ALBANY, NEW YORK – A superseding indictment filed today charges Jennica Duell with five counts of making false declarations before a federal grand jury, announced United States Attorney Richard S. Hartunian and Special Agent in Charge Delano Reid of the Bureau of Alcohol, Tobacco, Firearms & Explosives.

The superseding indictment alleges that the false declarations were made before a grand jury conducting an investigation into the fire on or about May 2, 2013 at 438 Hulett Street in Schenectady, New York, that caused the deaths of David Terry and three young children, seriously injured another child, and destroyed the building and the personal property inside.

The superseding indictment alleges that Duell testified under oath before the federal grand jury on May 24, 2013 and January 31, 2014 and knowingly made material declarations on each date which were irreconcilably contradictory and inconsistent to the degree that one of them was necessarily false. Each count alleges that on May 24, 2013, Duell testified regarding specific events that occurred May 1-2, 2013, and then, on January 31, 2014, gave irreconcilably contradictory testimony about those events. The specific events alleged included declarations about: Duell’s relationships with David Terry and another man; Duell and others traveling from Saratoga Springs to 438 Hulett Street; Duell and others getting gasoline; how the fire at 438 Hulett Street was started, and by whom; and discussion that the story for Duell and others would be that they were in Saratoga Springs when the fire was started.

Duell, age 28, of Schenectady, New York, is detained pending trial. Her arraignment on the superseding indictment is scheduled for Tuesday, April 19, 2016, at 12:30 pm before U.S. Magistrate Judge Christian F. Hummel in U.S. District Court in Albany, New York. The scheduled trial date is May 16, 2016 in Albany.

The superseding indictment is merely an accusation and the defendant is presumed innocent unless and until proven guilty in a court of law. If convicted, Duell faces a maximum sentence of imprisonment for five years and a $250,000 fine on each count, and a term of supervised release of up to three years.

The charges resulted from an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives of the U.S. Department of Justice, the Schenectady Police Department, and the Schenectady Fire Department. The case is being prosecuted by First Assistant U. S. Attorney Grant C. Jaquith and Assistant United States Attorney Wayne A. Myers.

Further questions or inquiries may be directed to First Assistant U.S. Attorney Jaquith at 518-431-0247.

The Bureau of Alcohol, Tobacco, Firearms and Explosives notes that there is a reward of up to a total of $40,000 for information leading to the arrest and conviction of the person(s) responsible for the arson that occurred on May 2, 2013 at 438 Hulett Street in Schenectady, resulting in personal injury and death. All information will be treated confidentially and the callers will remain anonymous if requested. Anyone having information should call the ATF Albany Field Office at 518-431-4182, or email ATFTips@atf.gov.