State investigator lied, Maloney family says Arson tests challenged in petition to state Supreme Court By Andy Nelesen August 31, 2006 GREEN BAY - John Maloney’s family - with the help of a high-profile private investigator - has accused a state Justice Department fire investigator of lying about tests he conducted before declaring the fire at Maloney’s estranged wife’s home an arson. Ira Robins, who garnered much of his fame for helping press for Laurie “Bambi” Bembenek’s release from prison, announced Wednesday that he has filed a petition with the state Supreme Court alleging a Department of Justice arson investigator Greg Eggum lied while testifying during John Maloney’s homicide trial. Private investigator Ira Robins answers questions on Wednesday on the steps of the Brown County Courthouse during a press conference concerning the case of John Maloney. B.A. Rupert/Press-Gazette “Eggum lied, and I’m formally accusing him of that in front of the Supreme Court,” Robins said during a press conference in Green Bay on Wednesday. Sandy Maloney’s body was found in her burned-out Huth Street home in February 1998. The fire snuffed itself out, but not before charring much of the home’s first floor and Sandy Maloney’s body. Her death was ruled a homicide and the fire an arson by Justice agents who took on the case to cure a conflict of interest for Maloney’s fellow Green Bay police officers. John Maloney, now 49, quickly became a suspect in the murder and was arrested in July 1998 after making incriminating statements in a videotaped conversation with his then-girlfriend in a Las Vegas hotel room. A Brown County jury convicted Maloney of first-degree intentional homicide, arson and mutilation of a corpse in February 1999 and he was sentenced to life in prison and given a parole eligibility date of Feb. 10, 2024. Embroiled in the case is the fact that the special prosecutor assigned to the case, former Winnebago County District Attorney Joe Paulus - was convicted in federal court of accepting bribes while in office and is now serving a 58-month stint in federal prison. Maloney and his family contend that his trial attorney erred by not challenging the homicide evidence at trial, opting rather to stipulate to the murder and attempt an alternate suspect defense. Maloney, incarcerated at Dodge Correctional Institution in Waupun, now says there was no murder and that his estranged wife’s death was an accident. Her body was discovered on the day the couple were due in court to finalize their divorce details. Robins said a fire expert’s tests - conducted as part of a “48 Hours” television program - showed that a couch would not burn as Eggum testified. Documents and video from those tests were included as part of Robins’ Supreme Court petition. Robins contends that the new tests show that the fire was not intentionally set and, therefore, an accident. Without an arson fire, there is no homicide, he said. The more recent tests, conducted by James Munger, a former Alabama deputy fire marshal, showed that the burn patterns were established by the by-products of combustion from the couch and that the brand of vodka found at the scene was not flammable enough to burn.  To see still photos of Dr. Munger's fire tests, click HERE. To see a short video presentation of Dr. Munger's fire tests, click HERE. At trial, Eggum testified that burn patterns suggested an accelerant was used to fuel the fire and said that vodka may have been used as an accelerant. Eggum testified that he conducted tests on a couch to establish burn patterns and was able to get vodka to ignite. “Those results are scientifically impossible,” Robins said. “Mr. Eggum has no notes, has no documentation, no video, no photographs of these tests nor has he put in any bills that we’re aware of for the couch that he burned or any materials that he used. “His statements are a fake, they’re a fraud. Those statements put this into a case of a homicide where it should have just been an accidental or an undetermined death. John Maloney was convicted of a murder which never occurred.” Messages left for Eggum at his Germantown home were not returned. State Department of Justice spokesman Michael Bauer said his agency stands by the conviction and doesn’t believe there was any wrongdoing. “We’d take issue with Mr. Robins’ characterization,” Bauer said. “I understand that the retired agent - through counsel - may have some response as well.” Robins petition to the state’s high court asks the justices’ to start an independent “John Doe” investigation into Maloney’s case outside of the state Justice Department or move the case to a federal public integrity unit. “What we want is an independent investigation, and we won’t stop,” said Robins. “I told John Maloney … I promised him on my father’s grave that I’d get him out of there. I will. He doesn’t belong in there.” Robins on Wednesday sent a letter to Winnebago County Circuit Court Judge Dale English offering input on an recent circuit court case filed against Paulus’ actions in that jurisdiction. In his letter, Robins demands that: Paulus be forced to disclose all his wrongdoings before being granted immunity; An independent investigator - from outside the state Department of Justice - be commissioned to determine what crimes Paulus has committed and the possible penalties; and Any state attorney involved in a conflict of interest in this matter be referred to the state Office of Lawyer Regulation. Robins contends he knows of 26 cases - including Maloney’s - that have concerns about Paulus’ actions. Gin Maloney, John’s sister and the spearhead of his post-conviction efforts, said she is happy to have some help in her quest to clear her brother’s name. Two of John Maloney’s sons, Aaron and Sean, were in the crowd of 20 people flanking Robins during Wednesday’s announcement on the Brown County Courthouse steps. “We’re happy that someone like Ira here has an opportunity and can make a difference in this,” Gin Maloney said Wednesday. “But this is just another wait-and-see game. We’d like to see a new trial … that’s the least we can hope for. We’re not afraid to face this at trial.”

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