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Night Fire Postpones Tyson Trial

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TIMES STAFF WRITER

A midnight fire that killed two firemen and a guest at the Indianapolis Athletic Club, where jurors in the rape trial of Mike Tyson were sequestered, interrupted the trial Wednesday.

No jurors were injured in the blaze, which was reported at 12:08 a.m., EST, Wednesday.

The 15 jurors (including three alternates), some still in their nightclothes, were brought immediately to a Marion County Courthouse holding room and then to a downtown hotel.

“There has been no compromise of the sequestration,” Marion County prosecutor Jeffrey Modisett said.

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The trial is scheduled to resume today. Tyson, 25, is charged with rape and two counts of deviate conduct. He faces a maximum prison sentence of 60 years. Tyson contends that the woman consented to sex.

According to Joe Champion, Judge Patricia J. Gifford’s law clerk, jurors were not informed of the loss of life in the fire.

The fire broke out in a third-floor bar at the Indianapolis Athletic Club. The jurors were quartered on the sixth floor of the seven-story building. Killed were firefighters Elwood M. Gelenius, 47, and John J. Lorenzano, 29, and a businessman, Thomas R. Mutz, 71, of Wilmette, Ill. Ten others were injured.

Arson investigators said Wednesday morning that the fire appeared to be electrical in origin.

“The fire does not look suspicious to us,” said Lt. Jerry Bivens of the Indianapolis Fire Dept. He said first indications are the fire started near a bar refrigerator in the 73-year-old building.

Later Wednesday, Indianapolis Public Safety Director Michael Beaver said a fire department review panel was being formed to investigate.

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Gifford was informed of the fire shortly after it was reported.

“The judge was informed by a bailiff at about 12:40 a.m. of the fire,” Champion said.

Champion, who took no questions, said several motions had been made Wednesday for a mistrial, but none were filed. He also said Gifford would conduct interviews with each juror in her chambers this morning, along with one representative of the prosecution and the defense.

“She’ll no doubt ask each juror if they feel threatened by the fire in any way, or if the experience will affect their further participation in the trial,” said Mark Shaw, a legal expert covering the trial.

Seventy-three firefighters fought the fire until it was brought under control at about 1:15 a.m., a spokesman said. Including the jurors, 26 people were evacuated from the building.

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