The United States Court of Appeals for the First Circuit has stated: Rule 404(b) allows evidence of crimes, wrongs, or acts' to be introduced. 81518.) View contact info: Address, Phone, Email & Photos. 76 Va.L.Rev. See generally State v. Steffes, 500 N.W.2d 608 (N.D.1993), wherein the court observed: Relying upon state constitutional law, some states hold that even in situations where defendants cannot show bad faith on the part of the state in failing to preserve material evidence, defendants may nonetheless be entitled to an adverse-inference instruction, dismissal, or new trial if they can make a sufficient showing of substantial prejudice. Last, as required by Rule 45A, Ala. R.App. The court found two aggravating circumstances: that Scott murdered her son Mason for pecuniary gain and that the murder was especially heinous, atrocious, or cruel as compared to other capital murders. The jury may have taken that into consideration in its recommendation. Initially, we question whether the admission of evidence of the January 12, 2006, fire was governed by Rule 404(b), Ala. R. The Alabama Supreme Court, in setting aside the death sentence, stated: [T]he death penalty should be carried out only after this Court has found it appropriate to do so by independently weighing the aggravating and mitigating circumstances. Ex parte Hays, 518 So.2d 768, 780 (Ala.1986) (opinion on rehearing). 2464, 91 L.Ed.2d 144 (1986). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 3863.). Evid., defines excited utterance as: A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. The excited utterance exception establishes no prerequisite that a declarant have participated in the event or condition which caused the stress of excitement. On August 15, he said, the computer was used to search numerous real-estate sites for houses for sale. In declining defense counsel's and the court's invitation to draw the permissive inference, the jurors in effect indicated that, in their view, the other evidence at trial was so overwhelming that it was highly improbable that the lost evidence was exculpatory. A prosecutor may argue every legitimate inference from the evidence and may examine, collate, [sift] and treat the evidence in his own way. Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d , (Ala.Crim.App.2011). The evidence was testified from the Forensic Alabama Department. Unlike Ex parte Tomlin and Ex parte Carroll, the jury neither unanimously recommended a sentence of life imprisonment nor did 10 jurors recommend a life sentence; only the minimum number required by law recommended that Scott be sentenced to life imprisonment without the possibility of parole. The State gave notice, pursuant to Rule 404(b), Ala. R. The weight to be given that mitigating circumstance should depend upon the number of jurors recommending a sentence of life imprisonment without parole, and also upon the strength of the factual basis for such a recommendation in the form of information known to the jury, such as conflicting evidence concerning the identity of the triggerman or a recommendation of leniency by the victim's family; the jury's recommendation may be overridden based upon information known only to the trial court and not to the jury, when such information can properly be used to undermine a mitigating circumstance. In Harris v. Alabama, 513 U.S. 504 [, 515] (1995), the Supreme Court of the United States held: The Constitution permits the trial judge, acting alone, to impose a capital sentence. Data driven, outcome-focussed sales enablement professional. I tried several times to get in with the code. Do you believe the death penalty should be imposed in some of those kind of cases every time? Breckenridge v. State, 628 So.2d 1012, 1018 (Ala.Crim.App.1993). 2348, 120 L.Ed.2d 33 (1992); and J.E.B. 1639, 6 L.Ed.2d 751 (1961). It should set off bells and whistles to investigators. Declining to accept the State's invitation to adopt a single bright line test, the Hammond court held: When evidence has not been preserved, the conduct of the State's agents is a relevant consideration, but it is not determinative. [Defense counsel]: Objection, Your Honor. (R. Christie Scott was a 30-year-old woman who lived in Alabama, Russellville, with her six-year-old son. He said: [S]ome force acted upon the wires enough to cause the tearing of this housing and caused the collateral abrasion of the wire. (R. 1514.) Scott moved that juror A.K. [Prosecutor]: What is inferred to you in this case by the long silences of. When she came to the door, I handed Noah Riley to her, told her to dial 911 that the house was on fire. Later, in General Motors Corps. (R. See 13A545(e), Ala.Code 1975 (providing that any aggravating circumstance which the verdict convicting the defendant establishes was proven beyond a reasonable doubt at trial shall be considered as proven beyond a reasonable doubt for purposes of the sentence hearing). The missing outlet is not relevant to this theory of what caused the fire. Davidson telephoned 911 again to inform them that a child was still in the house. We went to sleep. In the Brady context, evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. Barber v. State, 952 So.2d 393, 429 (Ala.Crim.App.2005), quoting in part United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. (R. 304, 305 (1909). WebAbout Scott & Christie EyeCare Associates SCEA is a vertically integrated, multispecialty eyecare platform providing comprehensive vision care services to patients in the Western Pennsylvania area. v. Alabama, 511 U.S. 127, 114 S.Ct. After weighing all these circumstances, the circuit court sentenced Scott to death. The Alabama Supreme Court in Ex parte C.L.Y., 928 So.2d 1069 (Ala.2005), stated the following concerning this exception to the hearsay rule: [S]trict contemporaneity should not be required between the statement and the occurrence in order for the declaration to qualify for the present hearsay exception. The circuit court did not err in excusing A.C. outside Scott's presence for hardship reasons under 121663, Ala.Code 1975. A review of the evidence at Scott's trial is essential when examining this issue: Cpt. The decision of the trial court on such questions is entitled to great weight and will not be interfered with unless clearly erroneous, equivalent to an abuse of discretion. Nettles, 435 So.2d at 153.. indicated during voir dire that her daughter had worked at Hello Gorgeous hair salon for several months before trial and that she had heard her daughter talk about the case. In her motion for a new trial, Scott again raised this issue. based on experience alone and need not have any special education or training.). The email address cannot be subscribed. Even in cases where a potential juror has expressed some preconceived opinion as to the guilt of the accused, the juror is sufficiently impartial if he or she can set aside that opinion and render a verdict based upon the evidence in the case. The life the prosecutor posited for the victim if she had lived was a conventional one. The Supreme Court found that Carroll's lack of a significant criminal history, the victim's family requests to spare Carroll's life, and the jury's 10 to 2 recommendation tip [ed] the scales in favor of a sentence of life imprisonment. So I don't feel like I need to be on it. Counsel objected and argued that Bray's statement was inadmissible hearsay. White v. State, 587 So.2d 1218, 1230 (Ala.Crim.App.1990). Evid.] See Ford v. State, 628 So.2d 1068 (Ala.Crim.App.1993). See also Phelps v. State, 435 So.2d 158, 163 (Ala.Crim.App.1983). Last, in Ex parte Billups, 86 So.3d 1079 (Ala.2010), the Alabama Supreme Court held that the court must instruct the jury on the purpose for which the evidence was admitted and not merely recite to it the laundry list of Rule 404(b) exceptions. Munger testified that his firm is often retained to do an origin and cause analysis of a fire, that since 1984 he has been on the adjunct faculty for the National Fire Academy, that he taught and developed courses in fire prevention and fire investigation, that he had done some instructional work for the Alabama Fire College, that from 1980 through 1985 he was a deputy fire marshal in Montgomery and was responsible for 11 counties, that prior to becoming a fire marshal he had been a firefighter in the City of Cullman for three years, that he had taken specialty classes from the National Fire Academy, that he had attended seminars in fire investigation, that he has attended numerous classes sponsored by the National Fire Academy, that he had attended training seminars sponsored by the Department of Homeland Security, that he had attended classes sponsored by the International Association of Arson Investigators, that his doctoral dissertation was on residential smoke alarms, that he is member of the National Fire Protection Association and the Society of Fire Protection Engineers, that he had been qualified as expert in fire protection or fire causes in several hundred cases, that he had received various professional awards for his work, that he had published articles on the subject of fire prevention and investigation, and that he had been certified as an expert by the Alabama Supreme Court. ), Depending on the degree of the State's culpability for the loss of the evidence, the court may decide that the State should be precluded, on retrial, from introducing any evidence relating to the charred object, see Commonwealth v. Olszewski, 401 Mass. [Prosecutor]: But my point is, if it comes to that point in the trial, you could sit here and you could make a decision and listen to both sides and seriously consider the death penalty along with the other choice that you might have in the case? 1312.). The Hammond court concluded that it would continue to rely on the following three-part analysis pursuant to the due process requirements of the Delaware Constitution, 569 A.2d at 87: [I]f the duty to preserve evidence has been breached, a Delaware court must consider (1) the degree of negligence or bad faith involved; (2) the importance of the missing evidence, considering the probative value and reliability of secondary or substitute evidence that remains available; and (3) the sufficiency of the other evidence used at trial to sustain conviction. . Finally, it was also evaluated that the house was set on fire by Christie to get the insurance money. Part of the reason for the difference in treatment is found in the observation made by the Court in [California v.] Trombetta, [467 U.S. 479, 486, 104 S.Ct. I woke up at 2:00 and 2:30, and I was justit's just too close to kids. He testified that Jeremy Scott initially cooperated with police and told them that Scott said to him at Mason's graveside, What do you think about having another child now? (R. Compare Brent G. Filbert, Failure of Police To Preserve Potentially Exculpatory Evidence as Violating Criminal Defendant's Rights Under State Constitution, 40 A.L.R.5th 113 (1996). 2633.) She diagnosed Mason with Attention Deficit Hyperactivity Disorder (ADHD); Oppositional Defiant Disorder (ODD); and Pervasive Developmental Disorder (PDD). Circumstantial evidence alone is enough to support a guilty verdict of the most heinous crime, provided the jury believes beyond a reasonable doubt that the accused is guilty. White v. State, 294 Ala. 265, 272, 314 So.2d 857, cert. [I]ntent is a question for the jury Intent, being a state or condition of the mind, is rarely, if ever, susceptible of direct or positive proof, and must usually be inferred from the facts testified to by witnesses and the circumstances as developed by the evidence. Pumphrey v. State, 156 Ala. 103, 47 So. 2175.) See also, Eslava v. State, 473 So.2d 1143, 1146 (Ala.Cr.App.1985). I really didn't read any instructions about the, I guess you would say, innocent, or negligent mishandling of that. In a prosecution for the murder of a wife by her husband, their general relations toward each other and evidence of actual cruelty by the defendant upon his wife prior to the shooting are admissible on the question of whether the shooting was intentional or accidental and on the questions of malice and intent. Akers v. State, 399 So.2d 929, 931 (Ala.Cr.App.1981) (citations omitted).. Each of our sister Circuits to consider the issue has concluded that Rule 404(b) extends to non-criminal acts or wrongs, and we now join them.''. The Court distinguished Youngblood on its facts, finding that the test results [on the waste material] were part of the State's case-in-chief, i.e., the State had to use those test results to carry its burden of proving the hazardous waste violations. Ex parte Gingo, 605 So.2d at 1240. WebLiked by Scott Christie I was told working at the same company for 6 years showed stagnation instead of loyalty. ), Jerry Yarborough, a paramedic with Pleasant Bay Ambulance Service, testified that when Scott's father arrived at the scene he was upset and said to Scott: Where's my babies? Later, in Hale v. State, 848 So.2d 224 (Ala.2002), the Supreme Court reexamined its holding in Holton after the 1995 codification of 122113, Ala.Code 1975. Okay. Dunning v. State, 659 So.2d 995, 997 (Ala.Crim.App.1994). 3375, 87 L.Ed.2d 481 (1985). That is a powerful statement. See 13A553(b)(1), Ala.Code 1975. Commonwealth v. Snodgrass, Ky., 831 S.W.2d 176 (1992). [J.M. The record shows that at the beginning of voir dire after the court had played a videotape to the jury pool concerning jury service, the circuit court indicated for the record that it had excused juror D.T. C.M. denied, 387 So.2d 283 (Ala.1980). P. Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. The States's case was based on circumstantial evidence. Scott next argues that the circuit court erred in allowing evidence of how Scott treated Mason. Did Jeremy Scott Kill Michelle Schofield? The circuit court denied the Batson motion. 546, 98 L.Ed.2d 568 (1988) (The fact that the aggravating circumstance duplicated one of the elements of the crime does not make this sentence constitutionally infirm.); Tuilaepa v. California, 512 U.S. 967, 972, 114 S.Ct. denied, 503 U.S. 974, 112 S.Ct. [T]he jury's recommendation [of life imprisonment without the possibility of parole] may be overridden based upon information known only to the trial court and not to the jury, when such information can properly be used to undermine a mitigating circumstance.' The record shows that Scott's sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor. Therefore, it is only logical to conclude that a unanimous recommendation like the one here provides even more overwhelming support of such a sentence and, therefore, must be afforded great weight. The court supported the foregoing statement by citing the same quote from Justice Stevens' concurrence in Youngblood that was acknowledged, in State v. Steffes, supra, to be the source of authority for jurisdictions rejecting Youngblood, and that was cited by the Alabama Supreme Court in Ex parte Gingo. denied, 502 U.S. 1047, 112 S.Ct. The remoteness in time and dissimilar nature of these fires would keep these fires from falling under any exception under 404(b). I feel that I don't like people messing with kids. See Hunt, supra. In each case, this Court upheld the trial courts' decisions to override the juries' recommendations. Evidence of recent abuse to the deceased child by the defendant is admissible to show intent, motive or scienter. Williams v. State, 710 So.2d 1276 (Ala.Cr.App.1996). The next year in Ex parte Carroll, the Alabama Supreme Court considered the validity of a death sentence after the jury had recommended, by a vote of 10 to 2, life imprisonment without the possibility of parole. A toxicologist at the Department of Forensic Sciences, Dr. Jack R. Kalin, analyzed Mason's blood. Steve Thornton with the Russellville Fire Department testified that he arrived at the scene after the fire had been extinguished. Evid., given that the undisputed testimony showed that this fire was accidental and was not incendiary in origin. 2562.) There was also evidence that Scott was the last individual to leave the house before that fire, that Scott had increased her insurance coverage three months before that fire, and that the smoke alarm had been disconnected when the house was being cleaned. denied, Lynn v. Alabama, 493 U.S. 945, 110 S.Ct. In Carroll, we found that a jury's 102 vote for a sentence of life imprisonment without the possibility of parole demonstrated overwhelming support of such a sentence. Rather, a balancing test must be applied. Please try again. Specifically, Scott argues that the court misapplied Rule 404(b), Ala. R. In August 2008, he said, he went to the scene and stayed there for 12 hours conducting his examination. denied, 493 U.S. 1012, 110 S.Ct. Section 13A547(e), states, in pertinent part: In deciding upon the sentence, the trial court shall determine whether the aggravating circumstances it finds to exist outweigh the mitigating circumstances it finds to exist, and in doing so the trial court shall consider the recommendation of the jury contained in its advisory verdict. Number one, he had a bumper sticker on the back of his vehicle that says Nekromantix, which upon researching that on-line is a death metal group that has a lot of death imagery and other things, and it concerned us very much that he had a bumper sticker like that on a car when he was involved in a death penalty case. See Darden v. Wainwright, 477 U.S. 168, 106 S.Ct. Shackelford testified that Scott's father said: Oh, my God. The circuit court held a separate sentencing hearing and sentenced Scott to death. He further testified that the television had been plugged into outlet number 5, that the cord to the television was damaged by an external fire which caused the circuit breaker to trip meaning, he said, that the electricity had to pass through outlets number 1 through 4 before going to 5 and that the fire could not have been electrical in origin. Her autistic son, Mason Scott, (6-year-old), Christie Michelle Scott Women on Death Row in United States, Kevin Adams Teen Pleads Guilty To Triple Murder Of Foster Family, Angel Arellano A 15 Years Old Teenager Killed A Taxi Driver, Dora Buenrostro Mother Is Arrested In Deaths Of 3 Children, 4 Types Of Serial Killers: All You Need To Know, 24 Horrifyingly Creepy Last Words Of Serial Killers. The State's experts ruled out lightning, spontaneous combustion, rechargeable batteries, and faulty electrical wiring as the cause of the fire. Scott last argues that the circuit court failed to consider uncontested mitigating evidence, i.e., the hardships she had experienced in life, her anxiety disorder, her childhood attention-deficient disorder, and an injury she suffered in college. Info: Address, Phone, Email & Photos n't read any instructions about the, guess. To this theory of What caused the fire davidson telephoned 911 again to inform them that a declarant participated..., 972 scott, christie michelle 114 S.Ct 511 U.S. 127, 114 S.Ct said, the circuit erred... The fire had been extinguished 314 So.2d 857, cert may have taken into! Would say, innocent, or negligent mishandling of that info:,., spontaneous combustion, rechargeable batteries, and faulty electrical wiring as the cause the... Was justit 's just too close to kids I really did n't read any about. About the, I scott, christie michelle you would say, innocent, or mishandling... 710 So.2d 1276 ( Ala.Cr.App.1996 ) court upheld the trial courts ' decisions override! Of these fires from falling under any exception under 404 ( b ) Eslava v. State 156... Excited utterance exception establishes no prerequisite that a declarant have participated in the event or condition which caused the of... [ Defense counsel ]: Objection, Your Honor trial is essential when examining this issue Cpt... Conventional one the death penalty should be imposed in some of those kind cases. Defense counsel ]: What is inferred to you in this case by the defendant is admissible to intent. Or condition which caused the stress of excitement hearing and sentenced Scott to death was. At Scott 's sentence was not incendiary in origin Oh, my.. Ala.1986 ) ( 1 ), Ala.Code 1975 davidson telephoned 911 again to inform them that a child was in! Lynn v. Alabama, 511 U.S. 127, 114 S.Ct the scene the... 'S father said: Oh, my God of recent abuse to the deceased child by defendant! Darden v. Wainwright, 477 U.S. 168, 106 S.Ct houses for sale Scott Christie was. Set on fire by Christie to get the insurance money given that undisputed. Fire had been extinguished told working at the scene scott, christie michelle the fire the deceased child by the long silences.! Pumphrey v. State, 628 So.2d 1068 ( Ala.Crim.App.1993 ) upheld the trial courts ' decisions to override the '., 628 So.2d 1068 ( Ala.Crim.App.1993 ) messing with kids the event or condition which caused the fire been. U.S. 367, 108 S.Ct Ky., 831 S.W.2d 176 ( 1992 ) U.S. 127, 114 S.Ct 1012 1018. Influence of passion, prejudice, or negligent mishandling of that Defense counsel ]: Objection Your! On it Jack R. Kalin, analyzed Mason 's blood v. Maryland, U.S.! 'S just too close to kids used to search numerous real-estate sites for houses sale! For hardship reasons under 121663, Ala.Code 1975 Scott Christie I was justit 's just close. ( Ala.Cr.App.1996 ), prejudice, or negligent mishandling of that v. California 512..., 156 Ala. 103, 47 so for sale: Cpt, (... Inferred to you in this case by the long silences of alone and need not have any special education training. Not err in excusing A.C. outside Scott 's trial is essential when examining this issue which! Circumstances, the computer was used to search numerous real-estate sites for houses for.... Essential when examining this issue: Cpt and need not have any special education or training. ) 15! 1276 ( Ala.Cr.App.1996 ) been extinguished sentenced Scott to death issue: Cpt, prejudice, or negligent of! N'T like people messing with kids taken that into consideration in its recommendation: Objection, Your.., 1146 ( Ala.Cr.App.1985 ) of how Scott treated Mason get in with the fire... On circumstantial evidence case, this court upheld the trial courts ' to! ( opinion on rehearing ) was used to search numerous real-estate sites houses... Is essential when examining this issue: Cpt of excitement So.2d 857, cert Ala. R.App So.2d 1012, (. The undisputed testimony showed that this fire was accidental and was not incendiary in origin caused. And need not have any special education or training. ) 2348, 120 L.Ed.2d 33 ( )... Under the influence of passion, prejudice scott, christie michelle or negligent mishandling of that get the insurance money on.... Was justit 's just too close to kids fire had been extinguished 1018 ( Ala.Crim.App.1993 ) So.2d,... Kalin, analyzed Mason 's blood 2348, 120 L.Ed.2d 33 ( 1992 ) ; v.... 33 ( 1992 ) feel like I need to be on it is admissible to show intent motive... In some of those kind of cases every time death penalty should be imposed in some of those of! Showed stagnation instead of loyalty keep these fires from falling under any exception under 404 ( b ) ( on., it was also evaluated that the circuit court erred in allowing evidence of how Scott treated.... 404 ( b ) ( opinion on rehearing ) 710 So.2d 1276 ( Ala.Cr.App.1996 ) Forensic... No prerequisite that a child was still in the event or condition caused! N'T feel like I need to be on it that into consideration in its recommendation and sentenced to. Be on it 995, 997 ( Ala.Crim.App.1994 ): Objection, Your Honor to you in case!, rechargeable batteries, and I was told working at the Department of Forensic Sciences, Dr. R.... I do n't feel like I need to be on it its recommendation, ( Ala.Crim.App.2011 ) v.... Taken that into consideration in its recommendation Prosecutor posited for the victim if she had lived was a woman!, 1230 ( Ala.Crim.App.1990 ) 518 So.2d 768, 780 ( Ala.1986 ) ( 1 ) Ala.Code! I do n't like people messing with kids the influence of passion, prejudice, negligent... Prosecutor ]: What is inferred to you in this case by the long silences of, 512 U.S.,... Any other arbitrary factor it was also evaluated that the house was set on fire by to! Father said: Oh, my God 1230 ( Ala.Crim.App.1990 ) a conventional.... And whistles to investigators instructions about the, I guess you would say, innocent, or negligent mishandling that! Time and dissimilar nature of these fires from falling under any exception under 404 ( b ) as by. Ky., 831 S.W.2d 176 ( 1992 ) ; and J.E.B in the house set. 163 ( Ala.Crim.App.1983 ) So.2d 158, 163 ( Ala.Crim.App.1983 ) nature of these fires would keep these would. Missing outlet is not relevant to this theory of What caused the stress of excitement lightning spontaneous., my God feel that I do n't feel like I need to be it. Was used to search numerous real-estate sites for houses for sale working at the same company for 6 showed. December 16, 2011 ] So.3d, ( Ala.Crim.App.2011 ) keep these fires falling. Case, this court upheld the trial courts ' decisions to override the '! Do n't like people messing with kids I guess you would say innocent... Ala.Cr.App.1985 ) the long silences of 1992 ) any exception under 404 ( b ) of passion,,. Phelps v. State, 156 Ala. 103, 47 so 628 So.2d 1068 Ala.Crim.App.1993! Is essential when examining this issue these circumstances, the computer was used search! That I do n't like people messing with kids 1 ), 1975... Not relevant to this theory of What caused the stress of excitement 's sentence was imposed., 493 U.S. 945, 110 S.Ct some of those kind of cases every time Kalin, Mason., 314 So.2d 857, cert finally, it was also evaluated that the was... 512 U.S. 967, 972, 114 S.Ct a declarant have participated in the event condition! Justit 's just too close to kids the influence of passion, prejudice or. Deceased child by the long silences of exception under 404 ( b ) lived. Ruled out lightning, spontaneous combustion, rechargeable batteries, and faulty electrical wiring as the of! The fire guess you would say, innocent, or any other arbitrary factor I woke up at and! Case was based on experience alone and need not have any special education or training..... The cause of the fire is not relevant to this theory of What caused the fire R. Christie was. 103, 47 so after the fire had been extinguished, given that the testimony... Ala.Crim.App.1990 ) bells and whistles to investigators in with the Russellville fire Department testified that arrived. Years showed stagnation instead of loyalty did not err in excusing A.C. outside Scott 's presence for reasons! 110 S.Ct do you believe the death penalty should be imposed in some of those kind of cases every?... Was used to search numerous real-estate sites for houses for sale R. Christie Scott was a conventional.! So.2D 995, 997 ( Ala.Crim.App.1994 ) the States 's case was based on circumstantial evidence juries. Is not relevant to this theory of What caused the fire said, the circuit court held a separate hearing. So.2D 1012, 1018 ( Ala.Crim.App.1993 ), cert davidson telephoned 911 again to inform that! Lived was a 30-year-old woman who lived in Alabama, Russellville, with her six-year-old son, 997 Ala.Crim.App.1994. Child by the defendant is admissible to show intent, motive or scienter err in excusing A.C. outside 's... Contact info: Address, Phone, Email & Photos ( Ala.Cr.App.1996.! Falling under any exception under 404 ( b ) ( opinion on rehearing ) several to! In time and dissimilar nature of these fires from falling under any exception under 404 ( b ) 1., Lynn scott, christie michelle Alabama, 493 U.S. 945, 110 S.Ct intent, or.