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Published: May 08, 2008 08:11 pm
NEW -- Jury ponders evidence in Miller Pools fire trial
BY RANDY GRIFFITH
The Tribune-Democrat
By RANDY GRIFFITH
RGRIFFITH@tribdem.com
Seven hours of deliberation were not enough to decide if Terri Beth Kerr, 40, set fire to Miller’s Pools and Spas some five years ago.
The six-man, six-woman jury was sent home just before 7:30 p.m. today, with instructions to return to start fresh at 9 a.m. Friday in U.S. District Court in Johnstown.
Kerr, who also uses the surname Miller, is charged in a $1 million fire that destroyed the Richland Township business on Dec. 16, 2002.
Earlier today, the prosecutor and defense attorney gave closing arguments, each suggesting how jurors should consider evidence in the case – much of which is circumstantial.
Assistant U.S. Attorney Shaun Sweeney recalled testimony by former employees who said Kerr asked them to torch the store for $10,000 or $5,000, 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 Art McQuillan said in his closing argument that the prosecution did not prove anything.
“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 Kerr’s former lover, Daniel Krens, who said on Dec. 16, 2002, that Kerr bet him $500 she would burn down the store that day. She later admitted doing it and collected the bet, Krens testified.
But Krens was married during his affair with Kerr. He initially denied anything for a grand jury investigation, but changed his story only after prosecutors gave him immunity.
“The government is trying to bootstrap their case with a sleazeball,” McQuillan said.
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