The court has been asked to exclude certain evidence in the case against Anthony Baye.
NORTHAMPTON - A Hampshire Superior Court judge heard a frantic Paul Yeski, Jr. telling a dispatcher his house was on fire and crying that he couldn't get out, at a hearing Tuesday to determine the admissibility of evidence in the ase of Anthony P. Baye.
Yeskie died in the Dec. 27, 2009 fire at 17 Fair St. along with his father, Paul Yeskie, Sr. Baye 26, is charged with two counts of first degree murder in their deaths and some 40 other charges in connection with a series of blazes that prosecutoers say he set that night.
The hearing was called because Baye's lawyers, David P. Hoose and Thomas Miranda, filed motions to exclude the evidence gathered from police who stopped his car that night in the vicinity of the fires and from a Jan. 4 interview Baye had with police.
They maintain police lacked probable cause to stop and observe Baye and that he was denied his right to have a lawyer present at the interview. Prosecutors say Baye confessed to setting the 17 Fair St. fire during the Jan. 4 interview. He was subsequenbtly arrested.
The bodies of the father and son were found near a bathroom window through which they were apparently trying to escape when they were overcome by smoke. Elaine Yeskie, the widow of Paul, Sr. and mother of Paul, Jr, was present at the hearing and sobbed as she listened to her son's desperate cries.
More details coming on MassLive and in The Republican.