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STATEMENT OF FACTS - University of Illinois Springfield

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useful information. (Vol. LXIX, R. 19) Thus, it may be possible to compare<br />

cinders if the sample size is large enough. (Vol. LXIX, R. 31) However, in the<br />

present case there were only 6 or 7 grains <strong>of</strong> cinders in People’s Exhibit 18; 5<br />

grains <strong>of</strong> cinders in People’s Exhibit 48; and two grains in People’s Exhibit 49.<br />

(Vol. LXIX, R. 19-21) In Murray’s expert opinion, it would be impossible to arrive<br />

at any conclusion on the basis <strong>of</strong> an examination <strong>of</strong> the small samples in the<br />

present case. (Vol. LXIX, R. 20-22)<br />

Harry Carter owned H and J Trucking which was located on the same<br />

property as Miracle Motors from mid-1994 until mid-1995. (Vol. LXVII, R. 56) In<br />

the latter part <strong>of</strong> 1994, Mr. Carter had 2-3 semi loads <strong>of</strong> cinders placed on the<br />

property. (Vol. LXVII, R. 58) Carter received those cinders from Steve’s Trucking<br />

in Decatur. (Vol. LXVII, R. 58)<br />

Irvin Smith had owned Steve’s Trucking and Demolition since 1992. Steve’s<br />

Trucking had a cinders contract with A.E. Staley from 1986 to 1994 or 1995. (Vol.<br />

LXVII, R. 66) The cinders produced by Staley’s were a by-product <strong>of</strong> burnt coal,<br />

with quarter to small pebble-sized “clinkers,” that are commonly used on roads<br />

by counties and townships for ice control. (Vol. LXVII, R. 68) Steve’s Trucking<br />

accumulated a fifty foot tall pile <strong>of</strong> cinders on a 5 or 6 acre lot. (Vol. LXVII, R. 67-<br />

68) Steve’s Trucking delivered cinders to hundreds <strong>of</strong> places within a 50-mile<br />

radius <strong>of</strong> Decatur. These loads were taken to cities and individuals, including the<br />

lot where Miracle Motors was located. (Vol. LXVII, R. 68-70) There was nothing<br />

unusual about the cinders from Staley’s. (Vol. LXVII, R. 71-72) Steve’s Trucking<br />

still has cinders from Staley’s in inventory and delivers them to various locations<br />

to this day. (Vol. LXVII, R. 71-73)<br />

State’s Concrete Evidence<br />

Munroe explained to the jury how concrete has different characteristics<br />

based on location, weathering and composition. (Vol. LXI, R. 2099) Munroe<br />

compared Q-1 and Q-2 – concrete found with the body with Exhibits K-1-A<br />

-79

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