On June 8, 1988, Harry went to trial in a Superior Court cases that combined his lawsuit against the city of Los Angeles with the city’s lawsuit against him. Attorney Victoria Chaney represented him and liked Harry. She found him innocent and somewhat tragic. Harry changed his story yet again, now claiming that he made up everything he said about the fire and was not at the library at all. Instead, he was at home with his roommates on April 29, then around ten o’clock in the morning, he drove to Reverend Wilkie’s office to get a wart treated. Wilkie was a podiatrist and ran the town’s American Orthodox Church. He told the court that he and Peak met in 1984 and later became friends.

The city of Los Angeles contended that Harry was responsible for the fire based on his inconsistent alibis and his having been identified in a photo lineup by members of the library’s staff. The investigators insisted, too, based on their assessments, that the fire was the result of arson. Orlean remined unconvinced that Harry was an arsonist. Most arsonists previously set fires, but Harry did not.