STATEMENT OF FACTS - University of Illinois Springfield

Officer Jeremy Walker met with David Swann who stated that “Karyn was
going to the mall in order to get a dress for a wedding” and also “after this, she
was supposed to pick up her son and then return home.” (Vol. LVI, R. 137-38)
Junior’s Day
State’s Case-in-Chief
The State presented no evidence as to the whereabouts of Michael Slover,
Jr. from 8:00 a.m. to 5:00 p.m. on September 27, 1996.
Defense Evidence
In September of 1996, Lisa Smothers was employed at Cub Foods. (Vol.
LXX, R. 123-24) Smothers testified concerning the time clock at the store. Ms.
Smothers explained that employees would scan their time card and a computer
would collect all the information. Her job was to check the information and make
sure people clocked in and out correctly. (Vol. LXX, R. 125-28)
Smothers saw Junior at Cub Foods on September 27, 1996, around 4:30
p.m. in her office where they spoke for about 10 minutes. He had forgotten to
clock in after his afternoon break and he had come up to let her know. (Vol. LXX,
R. 130) Smothers fixed the problem on his time record. (Vol. LXX, R. 130-31)
Ms. Smothers was shown a print out of the time keeping system from
September 23-29 showing the hours Junior worked. (Vol. LXX, R. 131-32) On
September 27, 1996, Junior clocked in at 12:09 p.m., which made him late for his
shift. He had a clock out recorded at 3:24 p.m. and he clocked back in at 3:39
p.m. Smothers added the 3:39 punch in to fix the mistake Junior made when he
forgot to clock in after his break. His final clock out time on September 27, 1996,
was at 6:00 p.m. (Vol. LXX, R. 133-34)
On cross-examination, Smothers testified that she could not personally
vouch for Junior’s presence from 12:09 to 3:24 p.m. and that he could have
clocked in and left without anyone noticing. (Vol. LXX, R. 140-41) Smothers
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