J&J Auto Body co-owner asks judge to dismiss insurance fraud case

Oct. 05--A co-owner of a Troy auto shop is alleging that investigators failed "to preserve the single most important piece of evidence" in the insurance fraud case against her.

And for that reason, Jodi A. Champney is asking Judge John C. Kissinger Jr. to throw out the felony charges she now faces in Cheshire County Superior Court in Keene.

Champney, 46, of Winchester and her brother Jay Coppo, 51, of Troy own J&J Auto Body on South Street, a business they inherited from their father. Prosecutors allege a fire was intentionally set to a 1987 Peterbilt wrecker Jan. 26, 2012, at the auto shop for the purpose of collecting insurance money.

But the truck was never preserved as evidence, according to Champney's attorney, Richard C. Guerriero Jr. of Keene. The auto body shop sold the remains of the vehicle in 2012, prior to authorities adequately documenting its charred condition, he said.

In his Sept. 23 motion for dismissal, Guerriero wrote: "Champney can hardly be faulted for not preserving the truck herself on the off-chance that someday, years later, someone might claim that the cause of the fire was arson."

Guerriero maintains that the Cheshire County Attorney's Office doesn't have a case without the truck. Furthermore, he argues, the defense can't conduct its own examination of the vehicle, and thereby challenge the state's evidence to ensure Champney's right to a fair trial.

If Kissinger doesn't throw out the case, Guerriero is alternatively asking the judge to suppress evidence gathered after May 10, 2012, about the cause and origin of the fire. May 10, 2012, is the day the truck's insurer paid its final settlement to J&J Auto Body. That settlement totaled about $60,000, according to Assistant Cheshire County Attorney John M. Gasaway, who is prosecuting the case.

Coppo and Champney had settled with Zurich Insurance Company that spring, after a company investigator conducted his own probe into the cause of the fire. That investigator found in March 2012 that the fire was not an act of arson, but could not determine the precise cause, according to court documents filed by Guerriero.

A N.H. State Police affidavit reveals that authorities speculated about the cause of the fire between early 2012 and mid-2014, but didn't file criminal charges against Coppo or Champney in that time frame.

It was only when two of the shop's former employees came forward with allegations to State Police that the authorities revisited the matter, Guerriero wrote.

Craig Fields, 33, of Swanzey told police he'd put accelerants into the cab of the truck and that another employee lit the fire, all with Coppo's knowledge, according to court documents. Months later, Fields reached a plea deal and was convicted of a felony count of accomplice to arson for his role in the incident.

Another former employee, Ricky Bidwell, who was never charged, claimed he'd helped participate in the cover up, according to court documents.

A grand jury indicted Coppo and Champney in September 2014; each face two counts of insurance fraud in connection with the alleged incident. Their employee, Christopher Pratt, 33, of Gilsum faces two counts of arson and one count of accomplice to insurance fraud.

Guerriero wrote in court documents that attorneys for Coppo and Pratt plan to join in his recent motion to dismiss. Pratt's attorney, Charles J. Keefe of Nashua, and Coppo's attorney, Mark L. Sisti of Chichester, had not filed new motions with the court as of Friday.

Gasaway had also not filed his response. He could not be reached for comment this morning.

Alyssa Dandrea can be reached at 352-1234, extension 1435, or [email protected]. Follow her on Twitter @ADandreaKS.

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