Family Of Sisters Killed In LI Fire Says Case Has Been Ignored: Lawyer

NOYAC, NY — The district attorney's office in Suffolk County said they are investigating a horrific Noyac fire that left two young sisters dead — but the news comes as the attorney for the family told Patch on Thursday that they feel the case has been ignored.

Andy Alonso, attorney for the Wiener family, wrote a letter to Suffolk County District Attorney Ray Tierney in early October, demanding answers as to why the office hasn't investigated the Aug. 3 fire that killed 19-year-old Lindsay Wiener and her 21-year-old sister Jillian Wiener.

"The DA's homicide bureau is investigating this tragic fire," a representative for Tierney said Thursday. "However, we can't comment further since this is an ongoing investigation."

In August, Ryan Murphy, public safety and emergency management administrator for Southampton Town, said the investigation has honed in on an area in the home.

"The focus of the investigation is to try to determine the cause and origin of the fire," he said. "This far, the investigation seems to indicate that the outdoor kitchen area is the most likely origin of the fire."

The home had no valid rental permit, meaning that there had been no inspection of the property to ensure safety, Southampton Town officials told Patch.

Lewis Wiener, 60, his wife Alisa, 52, and his son Zachary, 23, as well as his daughters, were vacationing from Potomac, Maryland, Southampton Town Police have said. The children slept on the second floor, and the parents slept on the first floor. Lewis Wiener awoke to the sound of glass breaking around 3:35 a.m. and screamed for his family to get out, police said.

He and his wife escaped the burning home, police said. When they realized the children hadn’t exited the house, Wiener tried desperately to gain entry back in. Flames prevented him from getting back inside, police said. The couple's son Zachary escaped out of a second-story window, police said.

"Tragically, the two daughters were unable to escape," police said.

The town issued 29 violations each to Pamela and Peter Miller as a result of conditions identified during the investigation, Murphy said. The Wieners' attorney maintained those issues included smoke detectors that had no batteries or were disconnected.

"The property owners are currently in court still on those charges. I cannot speak to matters currently under litigation," Murphy said.

Edward Burke, Jr., attorney for the Millers, told Patch: "It is impossible to put into words the magnitude of this tragedy nor describe the devastation. But the one thing I can say is that the Millers did not tamper or alter fire alarms or electrical wiring within this house, for this house was their home."

Burke didn't comment on whether the kitchen was up to code, or on questions about whether the Millers had insurance, responding: "Nothing further at this time."

In his letter, Alonso said Lew Wiener, when awoken Aug. 3 by the sound of breaking glass, was "confronted with a wall of flame coming from the outdoor kitchen located on the deck connected to the home." Wiener suffered burns trying to rescue his daughters, while his wife suffered smoke inhalation, the letter said. Their son was also burned.

"These promising young women were robbed of their lives, which held so much promise," the letter said.

Alonso said that until he wrote the letter, there had been no further investigation on the part of the district attorney's office or other law enforcement into the matter.

Speaking with Patch, Alonso said he has called the district attorney's office on four separate occasions and never received a callback.

"As of 5:01 p.m. today, I haven't gotten a callback," he said. "The Wiener family has tried repeatedly to set up a meeting with the DA's office to understand what, if anything, they are doing. One wonders the extent of the investigation in light of the fact that no one from the DA's office or the Suffolk County Police Department has spoken to Zachary, Alisa or Lew since the morning of the fire, in the hospital room."

He added: "If the DA is actually conducting an investigation, it seems to me that they are three of the most important witnesses to interview. This case is being ignored by the DA. They are treating this case like it took place in the middle of winter and shingles burned off the home — but two young women lost their lives."

Alonso said he and the Wieners stand ready to meet with the district attorney's office.

"I'm at their disposal," he said.

In the weeks since the fire, thousands have reached out to support the Wiener family during their darkest hour. Lew Wiener, speaking with Patch, described his girls and the many lives they touched.

Murphy told Patch in August that while the home was rented for the vacation, there was no rental permit on file for the home, and therefore, the property was not inspected. He also said he believes there was "a violation on record from the building department," but did not specify what that violation was.

Murphy said he didn't know how the rental was conducted.

"I don't know how they engaged that rental," he said.

However, firefighters at the scene did not recall hearing the fire alarms going off, he said.

Murphy said property owners "will be held accountable for renting without the benefit of a permit."

Murphy said town officials work diligently to make sure the town's rental code is enforced, but with the proliferation of home-sharing sites, "it's a bit like whack a mole."

"We might take one of these and bring it into compliance and then two pop up. It's a never-ending search," he said.

Of the fire, Murphy said, "It's a tragic situation. Had there been a rental permit on the property, perhaps additional safety standards might have been in place that could have made this preventable. But," he added, "you can do everything right and still have an accident. It's just nice to be able to say you checked all the boxes."