Eighteen months after the historic Lutsen Lodge went up in flames in February 2024, the public still has no answers about the fire.
State Fire Marshal Daniel Krier recently said the investigation is slow and methodical to ensure accuracy.
“I can very much appreciate and understand the public’s desire for answers and kind of getting anxious and really wanting those answers, and we do, too,” Krier said. “We want to make sure that when we give those answers, we are giving confident, accurate answers. It’s a very slow, methodical process to examine that fire scene. And then you add to it that fire, by its nature, is a destructive force. And so, unlike a homicide investigation or other crimes, where the evidence might be more readily accessible and available, we have evidence that can be destroyed.”
Firefighters battle an overnight blaze that destroyed the Lutsen Lodge on the North Shore of Lake Superior, early Tuesday, Feb. 6, 2024, in Lutsen, Minn. (Edward Vanegas via AP)
Lutsen is Krier’s first major fire investigation since taking the helm at the Minnesota Department of Public Safety State Fire Marshal division in September 2023. His prior post was fire marshal for Brooklyn Park.
As to why the investigation is complex, “We have a number of factors that really, really make it difficult to give a quick answer,” Krier said.
First, the building is a total loss, meaning it takes longer to comb through the sheer amount of physical evidence, he said. Second, there are a lot of people associated with the lodge, from employees and owners to visitors and even contractors. And, third, high public interest.
“So that can also increase the amount of time, because a lot of people want to share information,” Krier said. “Maybe the best way to put it is that we spend an equal amount of time trying to prove what didn’t start the fire.”
Flames from a hot spot after a fire that destroyed Historic Lutsen Lodge on Tuesday, Feb. 6, 2024. (Dan Williamson / Duluth Media Group via Forum News Service)
Chain of evidence
The fire marshal’s office looks at burn patterns, evidentiary samples and examines equipment and appliances, even light switches. Krier said lab samples are processed by the Minnesota Bureau of Criminal Apprehension’s trace analysis lab, which has a dedicated forensic scientist just for fire debris analysis. However, it can take six to nine months to turn that evidence around.
“I think the challenge can be the overwhelming workload … ” he said. “And those aren’t as simple as draw a sample and put it into a machine.”
Each sample can take several days to process, he said.
“Alongside that, we continue to conduct interviews as well as reviewing any electronic footage from security cameras, doorbell cameras, cellphone data and other digital records,” he said.
Interview process
While he hasn’t directly been involved in interviews related to Lutsen Lodge, Krier said the fire marshal’s office really wants to talk to the last person in the room or area where the fire started, or the point of origin.
“What did they see? What do they remember seeing? We’re then going to talk to people who have familiarity with that building, with that room. Was there any work going on? Do you have any contractors hired? What’s the scope of that work?” he said.
That includes people who’ve stayed at the Lodge, staff, ownership, managers and anyone who’s done renovations on the building.
“And then we also talk to first responders. What did you see when you first arrived? How did you see this fire grow or change? As you did your operations, how did that impact the fire? Because those can be factors that help us identify where the fire started, a little bit as to what was burning, and then we can continue to proceed with the investigation after that,” Krier said.
Taking the case to court
Often, interviews are conducted jointly by law enforcement and the fire investigator, he noted.
The fire marshal’s role extends to the point of identifying the area of origin and cause of a fire. If they find the fire was set intentionally, law enforcement digs into potential motives and suspects. Ultimately, investigators hand over their findings to a county attorney.
Should the attorney bring charges against a suspect, fire investigators become expert witnesses and can testify in court.
However, getting arson charges to stick can be difficult, again because fire inherently is “a destructive force. There may not always be strong enough evidence to prove that there was an intentionally set fire by an individual,” Krier said.
The fire marshal’s office has more time on its side now. During the last legislative session, lawmakers approved extending the statute of limitations for first-degree arson from five years to 10.
Krier says anyone with information can call the State Fire Marshal’s arson hotline at 800-723-2020, and there is a reward of up to $5,000 should that information lead to identifying a suspect.
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