STATEMENT OF FACTS - University of Illinois Springfield

headlights on and engine running. (Vol. LVII, R. 1079-81) The Pontiac was about
one-half mile west of the exit ramp for Route 10. (Vol. LVII, R. 1080-81) Deputy
Anderson called the license number into dispatch because there was nobody in
or around the car. (Vol. LVII, R. 1082)
David Swann was called by police and he, in turn called the Hearn’s
residence and told them that his car had been found on Interstate 72 with the
motor running and Karyn was nowhere around. (Vol. LVIX, R. 1537-38) After
receiving two phone calls from David Swann, Larry Hearn called Jeannette Slover
to tell her that Karyn and Kolten were missing but Jeannette Slover told him that
Kolten was with her. (Vol. LIII, R. 187-88) The Hearns went to where the car was
found. There was also a police dog at the scene. (Vol. LIII, R. 127; 189-90) Prior
to this trip, around 10:30 p.m., Larry Hearn received a call from Junior that lasted
about a minute. Hearn did not remember this cal but phone records show such
a call was made. (Vol. LIII, R. 150; Vol. LXV, R. 2826)
Phone records show that at 10:02 p.m, a call was placed from the residence
of David Swann to the residence of Larry Hearn – duration 49 seconds. At 10:09
p.m., a call was placed from the residence of David Swann to the residence of
Larry Hearn – duration 48 seconds. (Vol. LXV. R. 2826)
The Defense Evidence
The phone records also showed that at 10:24 p.m. a call was placed from
the residence of Larry Hearn to the residence of David Swann – duration 4
minutes and 54 seconds. Phone records also show a phone call made from
Ronnie’s to the Hearn residence at 10:30 p.m. – duration one minute. (Vol.
LXXIV, R. 13) (A complete list of phone record stipulations for the defense is
found in Appendix B.)
The tape of the conversation between Swann and the Piatt County Sheriff’s
department was played for the jury. It showed that the officers mentioned a black
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