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Sat, May 17 2008 

Published: May 08, 2008 01:11 pm    print this story   email this story   comment on this story  

NEW - Arson case goes to jury

By RANDY GRIFFITH
The Tribune-Democrat

The fate of the woman accused of setting fire to an Elton Road business is now in the hands of a jury.

U.S. District Judge Kim Gibson sent the jury into deliberations just after noon today, instructing them to consider all the evidence presented against Terri Beth Kerr before returning with a verdict on one count of arson. Kerr is charged with intentionally setting a fire that destroyed Miller Pools in 2002.

Testimony wrapped up Wednesday, and lawyers for both sides presented closing arguments this morning.

Assistant U.S. Attorney Shaun Sweeney recalled testimony by former employees who said Kerr asked them to torch the store for $10,000, and by Kerr’s former boyfriend who said she admitted setting the fire with a kerosene heater.

“You have a person who wanted something done, asked several people to do it, it happened and the admitted they did it,” Sweeney said.

But defense attorney Arthur McQuillan said during his closing argument that the prosecution did not prove anything it says happened.

“It took them two days and 19 witnesses, and they did not come close to proving a crime was committed,” McQuillan said.

He recapped testimony by expert witness Special Agent William Grom of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

“After five-and-a-half years of investigation, here are his conclusions,” McQuillan said, pointing to a poster quoting Grom’s final report.

“The area of origin of the fire is undetermined,” McQuillan read. “Therefore, the fire cause is undetermined.”

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