POT FARMER ON TRIAL FOR FIRE, 2 DEATHS

Daniel Brough, a 37-year-old Port Richmond handyman and pot farmer whose
house was consumed in a smoky 2004 fire that killed two firefighters, went
on trial yesterday, charged with third-degree murder, involuntary
manslaughter, drug and related offenses.

Edward Cameron, assistant district attorney, told a jury in Philadelphia
Common Pleas Court Judge David Savitt's courtroom that Brough recklessly
created ovenlike conditions in his basement to nurture his marijuana plants.

That "dangerous situation" led to the deaths by asphyxiation of Fire Capt.
John Taylor, 53, and firefighter Rey Rubio, 42, both of Engine Company 28.

According to accounts from fire officials, Rubio became disoriented in the
smoke-clotted basement of Brough's house on the 3600 block of Belgrade
Street on the night of Aug. 20, 2004.

With his oxygen running out and his equipment blaring a warning alarm,
Rubio apparently became entangled amid debris scattered about the small
space. Taylor, officials said, sought to rescue Rubio and died at his side.

"Taylor, an experienced firefighter, stayed with his man," Cameron told the
jury of 12 plus four alternates. "They couldn't get out. He was caught. The
fire blazed up... . They died trying to save the defendant's belongings and
his dog."

Brough, dressed in a suit and occasionally rubbing his eyes, listened
quietly to the prosecutor. Several members of Rubio's family were present,
listening attentively.

Defense attorney William Cannon acknowledged that Brough liked to smoke
marijuana. And he said there were indeed pot plants growing in a hothouse
environment in a small closet in Brough's basement.

But, Cannon said, there was nothing reckless in this farming operation,
which Brough monitored closely and harvested for his personal use. Cannon
said the temperature where the plants were growing never exceeded 87 degrees.

Philadelphia fire marshals concluded that the fire began in the marijuana
closet, where Brough had a 1,000-watt grow light, several fluorescent
fixtures, fans for ventilation, a pane of Plexiglas, Mylar sheeting, and
other accoutrements of indoor plant farming.

But Cannon said the fire started in another basement closet - not the
farming area.

The deaths of the two firefighters, Cannon said, were an "unspeakable
tragedy." But, Cannon said, "This is about an accidental death."