Attorneys for suspect in Los Angeles' Palisades Fire seek his release based on new evidence

Prosecutors say Rinderknecht started a fire on Jan. 1 that burned undetected deep in root systems before flaring back up a week later. Rinderknecht has pleaded not guilty, and his attorneys say he is being used as a scapegoat for the Los Angeles Fire Department’s failure to fully extinguish the earlier blaze.

The U.S. attorney's office declined to comment Thursday.

Rinderknecht's attorney Steve Haney pointed to a newly released deposition in which a firefighter testified that he noticed the ground was still smoldering from the fire on Jan. 2 and alerted a supervisors that there were hot spots. That testimony was gathered as part of a lawsuit filed by fire victims against the city.

The lawsuit also included testimony from California state park ranger Christy Araujo confirming the firefighter's account of the smoldering burn scar, according to Haney.

A battalion chief testified that he walked the perimeter of the burn area four times throughout the day and ensured all hot spots were out.

Fire Department Chief Jaime Moore, who was appointed in October, has said he is concerned about the differences in the firefighters’ testimonies and commissioned an independent report on how the Jan. 1 fire was handled.

Haney said this evidence was not available to the defense when Rinderknecht was indicted.

“This evidence calls into question not only the fundamental fairness for my client’s continued detention, but the very foundation of the charges themselves,” Haney said in a statement. “This is not a case about an individual causing a fire. This is a case about government agencies failing to do their jobs.”

He also said there was no evidence Rinderknecht started the Jan. 1 fire either, and that based on witness testimony, it was likely the blaze was ignited by fireworks.

Haney said Rinderknecht, who has been jailed for 150 days, should have never been indicted and should be released immediately. Due to federal procedural rules, Haney cannot file a motion to dismiss the indictment, but plans to file a motion next week to suppress all evidence in the case that was obtained through search warrants that lacked probable cause, he said.

“I'm calling upon the U.S. Attorneys,” Haney said. “I believe they have an ethical obligation ... to review this and dismiss the indictment.”

The next pretrial conference in the case is scheduled for April.