Arrest in Library Blaze Called Ploy : Fire Dept. Case Had Reached Dead End, Prosecutor Says

Fire officials misled the public by announcing the arrest of a suspect in last April’s massive fire at the Los Angeles Central Library when, in fact, they had reached a “dead end” in their investigation, a prosecutor charged Tuesday.

Deputy Dist. Atty Stephen Kay told reporters that Los Angeles city fire officials alerted his office last week that they intended to arrest Harry Peak, 28, of Hollywood as “a last straw,” in the hope that he would confess to the arson.

But fire officials “knew within five minutes (of Peak’s arrest Friday) that they weren’t going to get anywhere,” because the suspect, a part-time actor, asked to consult an attorney, Kay said.

On Monday fire officials asked Kay to close the case against Peak.

“They told us that their investigation had reached a dead end, that they didn’t have enough evidence to file a case,” he said.

Peak was released from custody Monday but remains under investigation, Kay said.

Kay called a news conference Tuesday after reading news accounts implying that the district attorney’s office alone made the decision not to prosecute Peak. He stressed that he was not criticizing the Fire Department’s investigation but rather its “premature disclosure.”

“Everybody believes now from what happened yesterday that there’s a solid case against the suspect who was arrested on Friday, when in fact there’s no case,” he said.

Kay declined to describe the evidence on which Peak’s arrest warrant was based, which reportedly included the results of a polygraph test.

But, he said, “there was a lack of evidence to even get by a preliminary hearing.”

Fire officials could not be reached for comment Tuesday, but speaking with reporters Monday, Battalion Chief Dean Cathey said, of Peak: “I believe a guilty man is going to be free until we find the balance of information to close this case.”