Boston Firefighters Killed in Fire Allegedly Intoxicated

By Karyn Chenoweth Oct 8, 2007, 13:41 GMT

CNN reports that Boston is reeling over the leaked autopsy reports on two Boston firefighters who were killed while battling a restaurant blaze in August.

The results revealed that one had a blood alcohol content more than three times the legal limit and the other had cocaine in his system, local TV affiliates and newspapers reported.

CNN reports that the Boston Firefighters Union had fought to block news reports of the autopsy results, winning an injunction on Wednesday barring WHDH-TV from broadcasting a report on the findings. Judge Andrew R. Grainger of the state appeals court lifted the injunction on Thursday.

The Boston Globe and The Boston Herald reported that autopsies showed that one of the firefighters, Paul Cahill, had a blood alcohol content of 0.27 and that the other, Warren Payne, had traces of cocaine in his system.

The legal blood alcohol limit in Massachusetts is 0.08.

Autopsy results are not public records in Massachusetts.  The leaking of the reports caused the Firefighters Union to release a statement condemning the actions, citing harm caused to the families of the deceased.

Edward Kelly, president of the union, blasted those who leaked the information.

“Whoever released the autopsy report did so illegally, and we demand a criminal investigation begin immediately,” Mr. Kelly said. “The Boston Firefighters Union will continue to comfort and protect the families of our fallen brothers.”

Responding to the reports, Mayor Thomas M. Menino on Thursday called for an independent review of fire department procedures regarding drug and alcohol use.

“The scope of the investigation or review is still to be determined, but it will certainly focus on the issues surrounding this case,” said Dot Joyce, a spokeswoman for Mr. Menino, who said the mayor had not seen the autopsy reports. “He wants to reassure the public that the Boston Fire Department is strong and competent, and with all the information in the public right now, he believes this is the appropriate action at this time.”

Cahill, 55, of Scituate, Mass., and Payne, 53, of Canton, Mass., were killed Aug. 29 while fighting a blaze that appeared to have started in a grease-caked ventilation shaft. When part of the roof collapsed, officials said, the rush of oxygen created a fireball that engulfed firefighters.

Scott Salman, a fire department spokesman, said firefighters must take a pre-employment drug test and are subject to random testing during their first year on the job. After that, firefighters are tested only if suspected of using drugs or alcohol, neither of which is allowed on firehouse grounds.

The police in Boston are subject to random drug testing as part of their latest contract.

“I’m sure that will come up in our contract negotiations,” Mr. Salman said, adding that the police received additional pay because of it. “We’d gladly do that if it were a contractual thing, if it were more money.”

Dr. Kim Collins, a forensic pathologist and chairwoman of the College of American Pathologists’ autopsy committee, said the bodies of people killed in fires decompose at an accelerated rate, which can produce alcohol in the bloodstream.

“After death, your body starts to break down, and alcohol can be produced from that process,” Dr. Collins said, adding that textbooks and reference materials show that bodies can read a “.1 or a little higher just from decomposition.”

Dr. Collins said decomposition might have played a part in Cahill’s reading. “Some of that .27, in my opinion, is probably due to decomposition,” Dr. Collins said.