CLAREMONT, N.H. (AP) – Lawyers for a man accused of setting a fire that killed two people said Tuesday the murder charges should be dismissed because he was unable to fully understand his crime.

Matthew Carignan, 22, is accused of starting a fire on Oct. 7, 2004, that killed Lynn and Laurie Estep and endangered seven other occupants. Carignan was indicted in January on two counts of first-degree murder and seven counts of attempted murder.

His public defenders, Carolyn Smith and Richard Guerriero, filed motions in Sullivan County Superior Court last month asking to have the charges dismissed.

A hearing was held Tuesday morning. The judge did not rule immediately.

Carignan’s lawyers argued the indictments did not include enough evidence to show he knew the fire he started would result in someone’s death and if the state can prove he started the fire, it cannot prove he intended to kill the Esteps.

Prosecutors argued Tuesday the indictments were sufficient.

In another motion, Carignan’s lawyers have argued that his confession to starting the fire should be excluded from evidence because police did not properly advise him of his Miranda rights.

Carignan’s lawyers say he suffers epileptic seizures, has a brain injury resulting from a severe case of encephalitis when he was a child, and has such severe neurological and psychiatric problems that he did not fully understand his crime.

They also say police knew he was mentally disabled and used his disability to mislead him about his rights to remain silent and have an attorney present, so any statements he made to police or fire investigators should be declared “involuntary” and excluded from evidence.

This summer, Judge Arthur Brennan ruled that Carignan was competent to stand trial, although Carignan’s neurologist testified he was mildly mentally retarded.

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Information from: Eagle Times, http://www.eagle-times.com (temporary)

AP-ES-11-22-05 1306EST