Theft of Fair evidence sparks questions

INDIANAPOLIS (WISH) - There are new concerns after a theft potentially compromised evidence in the Indiana State Fair stage collapse . At issue: Could the theft now open new questions for attorneys suing after seven people died last August?

With private security of the warehouse where the wreckage of the stage - evidence a judge said needed to be safeguared – was being kept, how did the theft happen? What does it mean to the victims suing? I-Team 8 took those issues to the state attorney general.

Over the weekend, police said, thieves broke into the warehouse containing the remains of the state fair stage collapse – moved there after on-sight investigations were completed. They stripped the warehouse of electrial wiring to sell as scrap metal, then stole cables from the debris that had been used to power stage lights and audio/visual equipment.

Officials said the thieves may not have known what they were stealing.

"The fact they stripped down the copper wiring is evidence it had nothing to do with the State Fair and everything to do with the metal thieves everywhere," said Indiana Attorney General Greg Zoeller.

The warehouse location has been something investigators have refused to disclose to maintain security. Attorneys for the victims don't even know the location. They had, however, been working to arrange a visit to the warehouse next week to look at the evidence. The break in brings new concerns over the impact on pending lawsuits.

"When you hold evidence, you really are holding it for a very specific purpose. The fact it has been tampered with or destroyed - it raises those concerns. But I can't really speculate on how it might impact," Zoeller said.

Even if it the stolen pieces are recovered, there would be a chain of custody issue.

"In other matters where we have seen these problems with evidence, you are always worried about chain of custody," Zoeller said.

According to a report for the State Fair Commission, the warehouse is supposed to be monitored by private uniformed security, have motion detectors and cameras.

Victims’ attorneys are upset that a theft took place despite that.

Attorney Ken Allen said Thursday after the news was revealed that he had "disbelief that more bad things could happen ... , more negligence."

Attorney Scott Starr was more pointed: "It was the state's responsibility to safeguard this evidence. Apparently they failed."

There are more than 100 places to buy and sell metal in the state of Indiana. At this point, officials said, it may be tough to reclaim the evidence. Indiana State Police are investigating.

Stephanie McFarland, a spokeswoman for the fair commission, said engineers from Thornton Tomasetti, which reviewed the stage structure after the collapse, would inventory the debris next week but that an initial state police review found that all of the cables connected to the Jersey barriers cited as a main factor in the collapse remained on site.

The Associated Press contributed to this report.