Report: Matthew Badger May Sue Michael Borcina Over Deadly Christmas Day Fire

February 13, 2012 8:27 PM

Matthew and Madonna Badger watch as the caskets carrying the bodies of their three daughters arrive for funeral services on Jan. 5, 2012. (Photo by John Moore/Getty Images)

Filed under

CT News, Heard On 1010 WINS, WCBS, WFAN, Local, News, Syndicated Local, Watch + Listen

NEW YORK (CBSNewYork) – Matthew Badger lost his three daughters in a deadly blaze on Christmas Day in Stamford that stunned the Tri-State community.

The house caught fire after Michael Borcina, the contractor working on the home and also the boyfriend of Matthew’s estranged wife Madonna Badger, put coals and hot ashes from the fireplace next to the trash enclosure attached to the home. The enclosure caught fire and the house was soon engulfed.

WCBS 880 Connecticut Bureau Chief Fran Schneidau With The Latest On The Investigation

In January, officials in Connecticut were scrutinizing the circumstances of the blaze, trying to determine if it was just a horrible accident or a crime.

Sources told CBS 2′s Lou Young the core of the potential criminal issue has to do with the smoke detectors and fire extinguishers which may have been removed from the home, which caught fire while under renovation. If they were stored in the garage or elsewhere, that may be construed as criminally negligent homicide or even manslaughter. Since Borcina is the contractor responsible for the renovation, he could find himself facing criminal charges.

The New York Post reported Matthew Badger has taken preliminary steps that would pave the way for a wrongful death suit against Borcina.

Badger reportedly has no intention of suing his estranged wife, who was in the house with Borcina when it burned down. The blaze killed the three Badger children Lily, Sarah and Grace along with Madonna’s parents Lomer and Pauline Johnson.

“The fact is that Borcina was the contractor on the job. He was aware of the dangers, or should have been aware of dangers, that a civilian would have been unaware of,” Matthew Badger’s attorney Richard Emery told the Post.

Do you think Matthew Badger should sue Michael Borcina? Sound off in our comments section below.

Report: Matthew Badger May Sue Michael Borcina Over Deadly Christmas Day Fire

Deborah Jeffries

The case is in the Prosecutor’s hands now. Even if Cohen decides to file charges, it would take about 2 years for it to go to trial. The process is tedious with the discovery phase including Prosecution evidence and Defense exculpatory evidence review, jury selection etc. I hope a plea bargain deal is not considered should they prosecute.
Deborah Jeffries

Very good and insightful comment Jay. I didn’t even think of the asbestos issue. The house likely had it because of its age and the winds would definitely carry the fibers endangering people living or working in the vicinity.
jay2341

I’ve been commenting on this disaster since it first happened. As a former Building Inspector it is inconceivable to me that the building was demolished so quickly and I am glad to see that the authorities in the State of CT are investigating this crime. (Yes, the demolition was a crime – destroying evidence where the deaths of five people were involved.) To demolish a building, a permit is required. To get a permit, the applicant must show compliance with Federal Asbestos Abatement laws. (See CFR 40 Part 61) Asbestos was commonly used as pipe insulation in older buildings. I doubt if the building was inspected for asbestos because the Monday after Christmas was a holiday and the building was demolished on Tuesday. There are also concerns about lead based paint in this old building. For those people that live close to the demolition site, watch out for signs of asbestos or lead paint induced illnesses especially in children. Once the demolition trackhoe started its work, the fine dust from the wreckage would spread throughout the area with the wind. I hope those affected will take action against whoever authorized the demolition. (Chief Building Inspector, Fire Marshal or Mayor) so that this will never happen again.

Joe Land

It seems like you started a new topic to take the peoples minds out into the universe. Although we cannot change the outcome of the fire, there is no reason to begin with speculation as to whether or not there was asbestos in the house. I can attest to the fact there was none. As to the lead paint, the interior of the house has probably been painted over and over and the lead paint IS NOT AN ISSUE!!!! at this point. I STRONGLY AGREE that someone needs to answer to the authorities about the demolition, especially the building inspector how is getting notorious for making BIG mistakes in the past few weeks. THe comments should be focused on the fact of whether or not there should be criminal charges and I do believe that someone should pay the price for this and I am not talking about money.

jay2341

Thanks for your reply. How can you ATTEST to the fact that there was no asbestos or other hazardous materials in this 100 plus year old building? Lead based paint may have been painted over many times but the original coat of paint will still be there to some degree. When pulverized by the track-hoe that demolished the building, this toxic soup of asbestos, lead paint and other unknown toxic materials would have been spread around the local area by the wind. The point is that there are Federal Laws that require the inspection of buildings before they are demolished. If Asbestos is found, it must be removed by licensed Asbestos Removal Contractors. My agenda is to stop unlicensed contractors from operating in the state of CT. I also want those responsible for demolishing the building to be held accountable. I also want the people of Stamford CT to know that there was a potential release of toxic dust containing Asbestos, lead paint and other toxic materials into the local community because incompetent building officials, fire officials and/or the mayor allowed this building to be demolished before a full forensic investigation had been completed. Nothing will bring back the three beautiful girls and their loving grandparents but those accountable for the inexcusable decision to demolish the building must be held accountable.

Joe Land

Alright Jay2341 I will do this once with you. You seem to be an educated man but for someone with so much knowledge I feel your not doing your job here. I am sure you know the meaning of ATTEST so that will stand for itself. Yes the permits are a matter of public record. Did you bother to look up the contractor of record? It is NOT Mike Borcina or Tiberias Construcution. Did you look to see if the electrician of record was the elctrician that worked on the house. No the elctricain of record (because to do this work you need a permit) did not do the electrical work in the house. You do need to be licensed in the state to be a contractor, electrician or a plumber. Not only were the subcontractors not on record but they were NOT licensed to work in the state, never mind being registered to do residential work. At the very beginning the mayor or building inspector stated in an interveiw that the building permits were up to date and it was not thier job to look into the contractors to see if they were licensed in the state. There is a trail of cover ups from the mayor on down. Why is there still no paperwork filed on the demolition of the house? How can the building inspector go into the basement with the fire marshal and then deem the house unsafe and choose to demolish the house before the police had a chance to do an investigation? If the house was unsafe and they were permitted to know it down where is the debris? There is still evidence that can be found in the rubble. What did they do with the debris? As for the asbestos and the lead paint it sounds like you are on a crusade. Did you loose someone near and dear? These items are an issue but they do not campare to the questions that are in front of everyone’s minds, How did this happen and why are there no charges as of yet? The police captain stated yesterday that he did not recommend crriminal charges. Here is the reason why the state should be investigating this. Stamford is one big BOYS CLUB and does not want to go after thier own. I hope that the father’s private investigator does not let them get away with this. although convicting someone will not bring the girls and the grandparents back if criminal charges are not broughtb here anyone who wants to work without a license will do so with no fear of punishment. This cannot be swept inder the rug. There are a lot of laws that were broken from contractors to city hall and let the chips fall where they may.

Phillip

I agree with your comment, but how do you know there was no asbestos?

Deborah Jeffries

NRICHARD – THANK YOU FOR YOUR BORING VIOLINS PLAYING, I’M FALLING ASLEEP. MOST OF US HERE THINK MADONNA BADGER WAS NEGLIGENT AND LEFT HER FAMILY TO DIE. WASN’T ALL BORCINA’S FAULT. SHE ALLOWED IT AND RAN THEN GAVE A PERFORMANCE OF TRYING TO SAVE HER KIDS. WAKE UP.

AE

Whao…. What a venom spewing viper you are! I thought you had gone away… But no, you are back, and as usual, you do not tolerate anyone who does not share you opinion…
Interloser

Deborah Jeffries–It is so amazing that you comment, in a snide and sarcastic way, to those whose comments are not in agreement with your thought pattern. Yet, you and your gal pals here accuse those who reject or oppose your views as stalkers and/or trolls. It appears that you can dish it out, but can’t take it. You and your gal pals here are using this CBS forum as your personal IM (internet messaging) system (i.e., comments of a personal nature having nothing to do with the subject matter). It’s apparent that you delight in your abhorrent behavior. Can you please explain to me how Madonna Badger left her family to die based on the limited facts in the media? It is all conjecture on your part. Did you ever think that the house was such a raging infero when she awoke that if she left via her bedroom door, it would have meant jumping into the fire and being consumed immediately. How would that action have saved anyone who died? As you well know, the inferno was too intense even for the fireman to save anyone. You don’t know any of the exact details of that night because you weren’t in the house. So stop shooting from the hip with all of your stupid assumptions and stick to the facts without your melodrama. I think you should “wake up” before hitting everyone else over the head with a sledge hammer. If you are intelligent, then act intelligent and speak intelligently.

Phillip

Hey, bully troll, if you don’t like the comments, run along and play nazi cop somewhere else!

James T.

“If you don’t like the comments, run along and play nazi cop somewhere else!!”

said the pot to the kettle.

What a laugh.

Joe Land

OH By the way, If the investigation is left for the Stamford Police Department to investigate, Borcina, the building department and the frie marshal will be have tequilla sunrises in another country laughing thier ass off at what a bunch of yahoo’s the detctives are. LAZY!!!
Joe Land

This whole thing is a mess and the children and grandparents paid for the mistake of an arogant egotistical maniac who thinks he is above the law and his way is the only way. He should be held accountable for his actions in a court of his peers. Also the building department should have thier day in court. Who gave the building department the right to knock down a crime scene? Why have they STILL Not filed the report of the incedent? Both the fire marshal and the building inspector (who by the way is in trouble over another blunder) should also be brought up on charges. No matter how you turn this it still does not bring those girls and the grandparents back but I beleive it is called closure.
CR

I worked briefly for Mike Borcina over a year ago, this guy was the ultimate Prick. I have been doing carpentry for 34 years and this was the 1st time i was ever treated like an animal so like all his other workers i quit with him owing me money which i never received .Understand this, as a contractor you must know all the rules of safety, you cannot perform work without having smoke detectors and fire extinguishers installed and are not to be removed for any reason. Even if the smoke detectors were removed why were the fire extinguishers removed? They are portable, there should have been 1 in every room. Borcina has numerous law suites against him from other clients. i know from the brief time i worked for him he has no regards for safety and this time it cost 5 lives.
Deborah Jeffries

Hey Little Orphan Annie, the unspeakable tragedy happened to Matthew Badger and the five victims who couldn’t escape a fire started by Michael Borcina and fueled by an unsafe house MADONNA BADGER let them live in so take your outrage elsewhere to an audience that is foolish enough to listen.
Deborah Jeffries

Hi Frances! Matthew Badger’s lawyer should NOT be defending Madonna. Her fake crying in front of the church (NOT ONE TEAR ON HER FACE) and her great scaffolding performance should have earned her an Oscar. BRAVO!

nrichard

My God you are stupid – to what end would she want her children AND her parents dead? Your statements are outrageous and incredibly stupid! What the hell is wrong with you? Your crazed vendetta against a woman you do not even know is not alone frightening but it is psychotic! You need serious help! You rant about this and you rant about the Giants getting a parade – you are a Walmart away from buying a firearm and killing those you deem evil! You are really a sick, sick person who obviously has A LOT of anger issues.

Deborah Jeffries

I got yer parade, RIGHT HERE!

nrichard

Sweetheart name the time and place – we will see what you got – and what you will get moron.

Ann

I am simply shocked to hear people criticizing Madonna. I think that this is in really poor taste. Madonna and Matthew are both suffering from an unspeakable tragedy.

lauralee3

Yes, she is suffering…but she was also legally responsible for the well-being and safety of their children, and she failed.

Francis Ford

Hello everyone!
The question posed above is: “Do you think Matthew Badger should sue Michael Borcina? ”
My answer: Yes! And obviously!
Francis Ford

“Do you think Matthew Badger should sue Michael Borcina? ”
Yes! And obviously!
lauralee3

Yes it is good to see Matthew taking charge of the situation. He was so vulnerable at the time of the funeral, but not now. Brains will win out over brawn. I don’t think Borcina’s worth much though. Wonder where he’s been these last few weeks….
Deborah Jeffries

Hey Cherry, I know we don’t always agree but I’m with you on that. The only difference is I think it should be Reckless Manslaughter in the Second Degree because the recklessness was a careless, neglectful act that caused the death of a human being. The culpability standard is higher.
Deborah Jeffries

Hi Suzette! I agree with you. I’ve been saying all along there is a cover-up in the City Building Department. They granted permits to an unlicensed contractor, tore down a crime scene before it was investigated and are stalling the release of reports to the Police so the investigation can move forward.

Francis Ford

I agree there’s a cover -up Deborah. This was very obvious from the outset.

Cherry

What “civilian” would not have been aware of the dangers of putting hot coals and ash in or near the house, without first dousing them with water? Maybe children? Not adults! If this was not negligent homicide what was it?
st

The only good that is coming from this is that Mathew Badger is taking charge of a bad situation. I give him a world of credit. And good to see his lawyer question the expediency of knocking down the house within days. What’s wrong with having a ‘private’ fire investigation done? Did the building permit expire and no survey was completed to see that occupancy was ‘warranted? Obviously, under the conditions on Xmas eve, due to a lack of smoke detectors, it was not. I question if there were OTHER things that may have deemed that house uninhabitable. Things that would have caused a fire to spread like that. Exposed wooden studs with no sheet rock?

Francis Ford

I agree with you st. I think this is the real reason the house was torn down so fast: there were OTHER things illegal inside. The smoke detectors being removed and placed outside in the garage was NOT the reason the whole house was instantly demolished in my opinion.

Deborah Jeffries

The pictures of Matthew Badger and the girls in today’s NY Post were heartbreaking. Makes me think of how they choked and suffocated from the smoke that killed them. Matthew’s attorney is wrong about Madonna Badger not being aware of the danger. To put all the blame on Borcina is unfair and he said he should’ve known better. A FIVE YEAR OLD WOULD KNOW BETTER!!
Deborah Jeffries

I just wish that people would wake up about Madonna Badger. I see so many websites describing her desperate attempts to save her children from outside on the scaffolding. She should never have exited the house without her family in the first place. That was not an act of heroism. It meant that she left the house which was why she was OUTSIDE on the scaffolding.

Suzette

Yes, that performance she gave outside for the firemen means nothing. It was her actions BEFORE they arrived that tells the tale, She didn’t dial 911, and she ran out of the house. She ran, even though her parents and at least one of her children were on the second floor of that house – the samefloor where she and Borcina had been sleeping.

Deborah Jeffries

I just don’t get why Matthew’s lawyer doesn’t think Madonna is responsible too. This is an educated and brilliant business woman. He’s portraying her as a little Bambi fawn who was unaware of the danger. Oh gimmie a break PLEASE!

Suzette

Hi, Deborah and NYC! Deborah, I saw your comments on a post-Superbowl Madonna (singer) thread, but hours later, so I figured you were gone. This may be my first and last comment for today, because I have been having an Internet issue and am posting this via dial-up! Which is like trying to communicate with two tin cans and a string. Plus, it takes a very long time. Anyhow, I agree with you. Badger is no Bambi. She is every bit as accountable for those deaths as her thug boyfriend, so I don’t get why Matthew’s lawyer is trying to portray her as naive nincompoop, unless he is hoping that if Borcina thinks he is in this all alone, he will start spilling the beans. This is what you said below, NYC. I am sure we all noticed how that incinerated house rented by psycho Powell is still standing, yet Badger’s house was demolished in 24 hours. Coverup. So glad Mr. Badger is taking legal action!

Deborah Jeffries

Hi NYC! Ultimately if Matthew Badger wins a wrongful death suit against Borcina, Madonna would get half. Sickening that she could profit off letting her family die!

NYC10009

Hopefully, that’s why he set up that trust/memorial fund – where any award money from the wrongful death suit would go, and she wouldn’t be able to touch any of it. That’s what the NY Post reports if you check their website.

Deborah Jeffries

My question is why are the City’s Building and Fire Departments stalling with information the Police requested as reported? Hiding something? The Police can get a subpoena if the stalling continues. And good for Matthew Badger!

NYC10009

Hi Deborah! It’s good Matthew Badger is doing this, but still think Madonna Badger needs to be held equally as accountable. In fact, she’s more to blame because she allowed such negligence to occur in HER home, gave Borcina ultimate power over the safety of her family while turning a blind eye, and, even Matthew’s lawyer said it: it was “outrageous” anybody was living in that dangerous house. Yet she allowed them to do so. She could see there were no working smoke detectors, so as the home owner, she’s the one who should have made sure there were battery operated ones installed until the hard-wired smoke detection system was activated.

Maybe Matthew’s lawyer said there’s no point in suing Madonna Badger for legal reasons, or perhaps they’re hoping that Borcina will point the finger at her in the process.

NYC10009

Agree. To me, Madonna Badger should be held responsible, as well. The husband’s lawyer was quoted as saying this in the NY Post today: “The fact that kids were living in this house was unbelievable . . . I don’t hold Madonna Badger responsible for that at all because I can’t imagine she would have understood the immediacy of the dangers.” Yet as the mother, how could she allow her family to sleep even one night in the home without proper permits and working smoke detectors, and then allowed her contractor boyfriend to dispose of lethal, live fireplace ashes any way he damn pleased??? It was HER home and HER fireplace, and ultimately the safety of her family was HER responsibility, even though she hired and slept with this apparent jerk contractor.

Francis Ford

I have not seen the Post yet but I do find it odd the lawyer would say he does not hold her responsible at all as she did would not have “understood the immediacy of the dangers”. Here I feel he is almost defending her. I feel she should have known better herself, as she was no dummy by any means. But all the losses she must cope with are more punishment than I could ever bear. Maybe that is how the lawyer sees it? I don’t know. It could also be his ploy to get Borcina to spill whatever beans there are to spill. Time will hopefully tell.

Sharon

Francine you are correct – any “punishment” she would receive now from the legal system, media or the many haters (as seen on this blog) will pale in comparison to the ultimate punishment which she is dealing with now. So go ahead – throw her in jail – execute her. It will be a walk in the park for her I assure you.

kevin

Borcina belongs in jail He is a criminal-civil lawsuit not withstanding.
GDMiller

Sue him big time. This whole thing is fishy. Estranged wife. Carpenter boyfriend. Fire embers. Kids “out of the way.” Smells of conspiracy if you ask me. Sue the boyfriend and then he’ll spill the beans…implicating the wife as well. Only a matter of time before the truth comes out of you ask me.

1 2 Next »

News

Report: Matthew Badger May Sue Michael Borcina Over Deadly Christmas Day Fire

February 13, 2012 8:27 PM

Filed under

Related tags

Latest News Video

Who’s Your Hero?

Wax Or Real?

New Update Available

‘World War Z’ Premiere

Select a Live Stream

News, Sports and Talk Radio

Music Radio