Accused fire starter asks court to throw out police interview

Forest ablaze
The Ham Lake fire in northeastern Minnesota burned more than 75,000 acres of forest in the U.S. and Canada.
Photo courtesy of the Minnesota Incident Command System

Police interviewed 64-year-old Stephen Posniak at the Tuscarora Lodge, the afternoon the Ham Lake fire broke out north of Grand Marais.

A Forest Service officer testified 64-year-old Stephen Posniak fit the description of a person who had been seen at the source of the Ham Lake fire.

The May 2007 wildfire destroyed more than 130 structures and cost $11 million to contain.

Posniak is charged with starting the fire and lying to police. At a Duluth pre-trial hearing, Forest Service Officer Barry Huber testified he became suspicious of Posniak, based on a description provided by other campers. A local outfitter also told police that Posniak may have information about the fire.

Posniak's attorney, Mark Larsen moved to strike Posniak's interview that day with the federal officer, saying Posniak had not been read his Miranda rights.

A Duluth federal Magistrate will rule on the validity of those interviews within weeks. Trial is scheduled for January 5th in Minneapolis.

Officials believe the fire began in a trash fire at a Ham Lake campsite. Posniak says he was camped on another lake.

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