SALEM, Mass. — The key piece of evidence in the case of the beheading of an ice sculpture has nearly melted away.
Police are blaming the mishap on a "broken fridge," according to the log, and can possibly be traced to a faulty plug.
The much-diminished head of the ice dragon was discovered by Patrolwoman Nancy O'Donnell at 8:48 a.m. yesterday after she noticed that the refrigerator light was out.
"The ice sculpture head that was in the freezer was 75 percent melted," she reported in the log. The refrigerator was promptly plugged into another outlet in the hope of preserving what remained.
Two men, William Hare, 47, a licensed psychologist, and Rajendra John Srivastava, 30, both of 34 Pleasant St., Salem, are charged with felony larceny in the case. According to police, the pair were discovered in the early hours of Sunday, Feb. 12, with Srivastava lugging the head of the decapitated dragon down Essex Street.
The ice sculpture had been intact in front of Samantha's, a boutique on Essex Street, and it was part of the
Salem's So Sweet Chocolate and Ice Sculpture Festival, where businesses joined forces to purchase the sculptures to attract customers. The sculptures have been estimated to cost $300 each.
At the urging of police, Srivastava was allowed to simply return the head, according to the report. But minutes later, the pair were encountered again, having allegedly snatched the head a second time. Hare, according to police, was belligerent, insisting that they should retain their prize.
Srivastava said he wanted it as a souvenir, according to the log.
In court proceedings on Feb. 14, lawyer John Andrews, representing the two accused men, raised concerns about the impermanence of the evidence.
"It's got to be one of the most depreciating assets you can have," he said, adding that its preservation is important in determining what value the ice sculpture has.
At Andrews' request, Judge Robert Brennan quizzed Salem police Lt. Conrad Prosniewski, asking, "Did they put the head in the freezer?"
"We have a freezer," Prosniewski replied. "I'm assuming they put it in the freezer."
If a judge raises concerns about preserving the evidence, it could be bad news for the prosecution if it disappears, according to lawyer and former prosecutor Randy Chapman.
But its loss "is not necessarily" fatal to the case, he said. The court will likely judge if the shrunken head prevents the two suspects from getting a fair trial.
Other methods of showing the evidence exist, he said, including the possibility that it was photographed.
For that matter, Chapman wondered how the dragon's head could have been introduced in evidence at all. "How would you even get it into court? It's going to melt before you even get there."
