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June 19, 2013

Weisheit found guilty of murder, arson

Jury moves on to penalty phase



He said there was no fire in the home when he left.

Weisheit explained from the witness stand that he wanted to get away for only a day or two to escape the stressful situation at home.

He was picked up hours later after authorities tracked his OnStar-equipped Camaro using the assistance of OnStar employees.

Throughout the trial the issue of railroad flares found in close proximity to Caleb Lynch was discussed frequently.

The child’s charred remains were found with a flare stuffed into his underwear, and several flare fragments were found under his body after the fire was extinguished.

Alyssa Lynch’s body was found in what had been a closet of the home.

Weisheit said he had brought the flares into the home, but had not given them to the child or  come into contact with them at the time of the fire. 

During his testimony, Weisheit said the flares were possibly placed near the boy’s body by first responders in an effort to “stage” a fabricated scene.

While McDaniel has said Caleb Lynch was possibly playing with the flares, and that is why they were found next to his body,  Schutte said during closing arguments Tuesday morning, “It is not physically possible that he put those flares there. We know Caleb didn’t' do it. He's 5 years old. He couldn't move.”

Weisheit not only denied setting the fire himself, he said he didn’t believe the fire was intentionally set at all.

He told the court, he believed it was his own faulty electrical work that caused the blaze.

Schutte said it was absurd for Weisheit to have suggested the home somehow went up in flames on its own at the same time he had hog-tied Caleb Lynch. Weisheit removed all his own belongings from the home, including more than $4,000 in cash, and was taken into custody after a vehicular pursuit that exceeded speeds of 100 mph and ended in Covington, Ky., where he was apprehended.

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