06/18/2003

By JIM PARKER, kgw.com Staff

A jury failed to reach a verdict Thursday on a second arson charge against a former Portland grocery store owner, a day after convicting him on a first arson charge for torching his business almost two years ago.

The jury deadlocked Wednesday on the second charge against Thomas Calkins, who had owned Portland's popular Burlingame Grocery. A Multnomah County judge ordered the jury to resume deliberations Thursday; they returned to say they could not agree on a verdict shortly after 10:30 a.m.

The prosecution says it's unlikely they will retry Calkins on the second count. Calkins is free pending his July 15 sentencing. He faces a mandatory sentence of 7 1/2 years.

Thomas Calkins listens as jury returns a guilty verdict against him. (KGW Photo)

A fuzzy store surveillance tape, recorded shortly before the fire broke out, had been the prosecution's key piece of evidence presented to the jury during the arson trial.

Prosecutors contended Calkins intentionally set the four-alarm blaze on Sept. 18, 2001 that destroyed his store, an adjacent Mexican food restaurant - the Chez Jose Mexican Cafe, and an auto detailing shop. There were no injuries resulting from the blaze, which caused millions of dollars in damage.

A prosecution expert hired to examine the store’s surveillance videotape, which survived the blaze, had testified that a shadowy figure recorded on the tape appeared to be Calkins.

streaming video
		KGW-TV report
		Tom Calkins hears verdict

Grant Fredericks had said he made the identification by comparing the image on the surveillance tape with video images of Calkins recorded by television photographers at the fire scene on the night of the blaze.

Authorities said they believed Calkins, facing financial troubles, set fire to his store to collect the insurance money. He had a one million dollar policy on the market.

Burlingame Grocery burns in Sept. of 2001. (KGW Photo)

Twenty-three people had worked at the Burlingame market prior to the fire. It had been a landmark at the intersection of Terwilliger Boulevard and Taylors Ferry Road for about 45 years, offering gourmet foods and fine wines and beer.

The Associated Press contributed to this report.