Pickerington Area Taxpayers Alliance

Accomplice: McAuliffe was irate
Witness says former judge was upset when first fire attempt failed
By KRISTIN GORDON, kgordon@nncogannett.com
The Eagle-Gazette Staff

McAuliffe


COLUMBUS -- The fire idea sounded like a joke.
Or at least that's what D.J. Faller thought when his buddy, Don McAuliffe, and he stood in the first floor of the home at 3765 North Bank Road, drinking beer one night in January 2002.
McAuliffe, 58, Millersport, a former Fairfield County Municipal Court judge, is standing trial in U.S. District Court for charges of arson, mail fraud, conspiracy, and insurance fraud.
The work Faller was doing on the home's sinking foundation wasn't working. The more money they spent, the more it seemed it was a lost cause, Faller testified Wednesday.
The first idea the two men came up with was to break gas pipes in the home, causing it to explode. The second was to start a fire with a light. The third, later ruled out, said Faller, was to start an electrical fire.
The two had known each other for a little more than a month when these conversations occurred, said Faller, but they became fast friends -- drinking buddies -- and even started a business together.
They met on Jan. 15. Faller remembers the date well because his wife had to appear before McAuliffe in Fairfield County Municipal Court the next day for misdemeanor charges that Faller had filed against her for ''trouble'' in the home, he said.
Faller heard that McAuliffe needed someone to tear down a house next to Smitty's Bar, a Buckeye Lake establishment he owned. Faller did the work for McAuliffe in one day.
McAuliffe was impressed, and hired Faller to contract workers to help with the home on North Bank Road he'd bought in 2001 as a tear-down property, meaning the home was not in livable condition or needed a lot of work.
''I got kind of scared ... of someone calling the gas company,'' he said.
So Faller turned off the gas meter.
McAuliffe returned from his trip, and his house was still standing.
''He was a little irate because the house didn't burn down or explode,'' Faller said.

saga 2

On to plan B, which was to place a halogen floor lamp, the kind used for lighting up a work space, up against a wall, causing it to heat and catch fire.
McAuliffe was gone during this attempt, which was the day after he returned from his golf trip. He had a flight booked to the Virgin Islands.
After he left, Faller went to the home and found a surprise visitor at the home -- Ray Hommon, a local fisherman. The two had a conversation as Hommon sat on a bucket on the dock.
Hommon asked about the light, which, despite daylight, was ''glowing like a neon sign'' from the house, Faller said.
''I said the judge is insured and he nodded, kind of like he knew what was going on,'' Faller said.
Around 3:45 a.m. March 5, the home was clearly on fire. Faller watched from the front yard, along with other neighbors, he said.
His testimony will continue this morning in U.S. District Judge Algenon Marbley's courtroom.
Originally published Thursday, January 29, 2004

Which former Mayor?

From the Lancaster Eagle Gazette 1/30/04

http://www.lancastereaglegazette.com/news/stories/20040130/localnews/319013.html
After the fire, Faller met McAuliffe at Port Columbus International Airport. A former Pickerington mayor, whose name Faller did not know, was there to pick up McAuliffe, who'd been in the Virgin Islands. He left with Faller instead.
''He asked me how bad (the fire) was,'' said Faller. ''I said it was a total loss ... he was happy.''

saga 3

McAuliffe witness tells of threat
Judge's alleged accomplice says McAuliffe threatened to kill him
By KRISTIN GORDON
The Eagle-Gazette Staff; kgordon@nncogannett.com

COLUMBUS -- D.J. Faller was afraid of Don McAuliffe's power, money and position as a Fairfield County Municipal Court Judge.
Faller was afraid that power would allow McAuliffe to frame Faller for a March 8, 2002, arson fire at McAuliffe's home at 3765 North Bank Road, Faller testified in U.S. District Court on Thursday.
McAuliffe, 58, Millersport, is standing trial on charges of arson, mail fraud, conspiracy, and insurance fraud.
Faller and the former Fairfield County Municipal Court judge became friends in early 2002. They started up an excavation company, Judge-R-Work, shortly thereafter.
After the fire, Faller met McAuliffe at Port Columbus International Airport. A former Pickerington mayor, whose name Faller did not know, was there to pick up McAuliffe, who'd been in the Virgin Islands. He left with Faller instead.
''He asked me how bad (the fire) was,'' said Faller. ''I said it was a total loss ... he was happy.''
After stopping at two Reynoldsburg bars for beer, they went to the scene of the fire.
''He got out (of his Jeep),'' said Faller. ''He had a big smile on his face.''
If the police got suspicious, the plan was to blame the fire on Beth Westminster, McAuliffe's on-again, off-again lover, Faller said.