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Monday, February 28

  1. page O'Brien Cross Examination (Defense) edited Cross of Lane O'Brien The pub – an accident waiting to happen 1. Mr. O'Brien, you testi…


    Cross of Lane O'Brien
    The pub – an accident waiting to happen
    1. Mr. O'Brien, you testified that the pub was your life, correct?
    2. And that your family antiques were quite precious to you?
    3. And yet 6 months after being ordered to triple the basement sprinklers, you had not done so, correct?
    4. Despite the fact that the basement was full of flammable liquids?
    5. And despite the fact that the fire marshal told you there were improperly stored materials?
    6. And despite the fact that you used a stripping gun down there?
    7. You used a stripping gun in the presence of all these flammable liquids?
    8. You’re a smoker aren’t you?
    9. But you claim not to smoke in the basement, don’t you?
    10. Because you know a dropped cigarette could cause the basement to go up in flames, right?
    O’Brien and his firefighter buddies
    11. You spend a lot of time at the firehouse, don’t you?
    12. In fact you were conveniently there on the night of the fire, weren’t you?
    13. You’re good friends with Fire Marshall Bahr aren’t you?
    14. And buddies with all the firefighters aren’t you?
    15. So all the people who investigated the fire were friends of yours, weren’t they?
    O’Brien at the scene of the fire
    16. And you were the only one up on the balcony the night of the fire, correct?
    17. And you cannot swear to the jury that you closed the window, can you?
    (note he says he could “almost” swear…..we are not “almost” swearing here today Mr. OBrien, we are SWEARING)
    18. You (sort of) regret making the statement on the night of the fire about Lane and Whitney starting it, don’t you?
    19. But at some point you realized that if Whitney and Ashton are found responsible for the fire all the insurance money is yours, right?
    20. A half million dollars, I believe?

    (view changes)
    8:07 pm
  2. msg OLD line of questioning message posted OLD line of questioning Jazmin Means, Latrice Tillis, Tiara Scales O'Brien Cross Mr. O'Brien you were at the pu…
    OLD line of questioning
    Jazmin Means, Latrice Tillis, Tiara Scales



    O'Brien Cross


    Mr. O'Brien you were at the pub on the night of July 4th of 2010, correct?
    You were also the last one to leave the pub that night, right?
    You checked the windows in the basement before you left, right?
    b. (if he says no, ask “But it was your responsibility to make sure everything was secured and closed because you were the last one to leave, is this correct?”)
    (don’t ask if he says no) And you weren’t 100% positive that you closed the windows, correct?
    You left the pub around 12:30 A.M., is this right?
    You go to the fire station usually at least once a month, is this correct?
    And you just happened to stop at the firehouse that same night, correct?
    You’re really close with the firemen of Thunderbird, Illinois, are you not?
    You stayed at the fire station until you heard that the pub was on fire?
    You made it to the pub a few seconds before the firemen, is that correct?
    You were upset about your pub burning down is that correct?
    You lost some antique family heirlooms is that right?
    You wanted to use those antiques to decorate the pub, right?
    And you were stripping the antiques in the basement, correct?
    You were the only one that used the stripping gun because it was yours, correct?
    And you left your stripping gun on next to a few rags that were soaked in accelerants is this correct?
    You also knew that the stripping gun and chemicals were potential fire hazards, correct?
    You were also the only one to go in the basement, is this correct?
    Mr. O’Brien, you were told by Fire Marshall Bahr that your sprinkler system in the basement was out of date, is this correct?
    And you were told that you needed to have your sprinkler system updated, right?
    He gave you a year to upgrade it, correct?
    And despite your knowledge of the fire hazards in the basement, you didn’t immediately comply with this order?
    And before the fire, the fire system still wasn’t upgraded, right?
    However, you claim that you were so “passionate” about your “beloved” pub and you neglected many responsibilities?
    Mr. O’Brien, you were aware of the insurance policy on the pub, yes?
    And you and Mr. Bellows recently increased the insurance policy to insure your family antiques?
    About 6 months ago Mr. Bellows told you that he wanted you to buy him out, did he not?
    And you still didn't come up with the money, correct?
    So this was just another duty that you neglected?
    You knew that Mr. Bellows and Ms. Grey had been talking about her previous fire incidents, correct?
    Knowing that Mr. Bellows wanted to leave the pub and that Ms. Grey had a record dealing with fire, you accused both of them of being responsible for the pub burning down?
    Although it was you who had neglected many of your responsibilities as the co-owner of the pub?
    7:56 pm
  3. page O'Brien Cross Examination (Defense) edited Jazmin Means, Latrice Tillis, Tiara Scales O'Brien Cross Mr. O'Brien you were at the pub on the …
    Jazmin Means, Latrice Tillis, Tiara Scales
    O'Brien Cross
    Mr. O'Brien you were at the pub on the night of July 4th of 2010, correct?
    You were also the last one to leave the pub that night, right?
    You checked the windows in the basement before you left, right?
    b. (if he says no, ask “But it was your responsibility to make sure everything was secured and closed because you were the last one to leave, is this correct?”)
    (don’t ask if he says no) And you weren’t 100% positive that you closed the windows, correct?
    You left the pub around 12:30 A.M., is this right?
    You go to the fire station usually at least once a month, is this correct?
    And you just happened to stop at the firehouse that same night, correct?
    You’re really close with the firemen of Thunderbird, Illinois, are you not?
    You stayed at the fire station until you heard that the pub was on fire?
    You made it to the pub a few seconds before the firemen, is that correct?
    You were upset about your pub burning down is that correct?
    You lost some antique family heirlooms is that right?
    You wanted to use those antiques to decorate the pub, right?
    And you were stripping the antiques in the basement, correct?
    You were the only one that used the stripping gun because it was yours, correct?
    And you left your stripping gun on next to a few rags that were soaked in accelerants is this correct?
    You also knew that the stripping gun and chemicals were potential fire hazards, correct?
    You were also the only one to go in the basement, is this correct?
    Mr. O’Brien, you were told by Fire Marshall Bahr that your sprinkler system in the basement was out of date, is this correct?
    And you were told that you needed to have your sprinkler system updated, right?
    He gave you a year to upgrade it, correct?
    And despite your knowledge of the fire hazards in the basement, you didn’t immediately comply with this order?
    And before the fire, the fire system still wasn’t upgraded, right?
    However, you claim that you were so “passionate” about your “beloved” pub and you neglected many responsibilities?
    Mr. O’Brien, you were aware of the insurance policy on the pub, yes?
    And you and Mr. Bellows recently increased the insurance policy to insure your family antiques?
    About 6 months ago Mr. Bellows told you that he wanted you to buy him out, did he not?
    And you still didn't come up with the money, correct?
    So this was just another duty that you neglected?
    You knew that Mr. Bellows and Ms. Grey had been talking about her previous fire incidents, correct?
    Knowing that Mr. Bellows wanted to leave the pub and that Ms. Grey had a record dealing with fire, you accused both of them of being responsible for the pub burning down?
    Although it was you who had neglected many of your responsibilities as the co-owner of the pub?

    (view changes)
    7:56 pm
  4. msg Duffy Thoughts message posted Duffy Thoughts You testified that the pub was your life, correct? And that your family antiques were quite prec…
    Duffy Thoughts
    You testified that the pub was your life, correct?

    And that your family antiques were quite precious to you?

    And yes 6 months after being ordered to triple the basement sprinklers, you had not done it, correct?

    Despite the fact that the basement was full of flammable liquids and rags?

    And the fire marshall told you there were improperly stored materials?

    And despite the fact that you used a stripping gun down there?

    You’re a smoker aren’t you?

    But you claim not to smoke in the basement, don’t you?

    Because you know an ignition source could cause the basement to go up in flames, right?

    And you know what spontaneous combustion is?



    You spend a lot of time at the firehouse, don’t you?

    In fact you were conveniently there on the night of the fire, weren’t you?

    You’re good friends with Fire Marshall Bahr aren’t you?

    And buddies with all the firefighters aren’t you?

    So all the people who investigated the fire were friends of yours, weren’t they?

    And you were the only one up on the balcony the night of the fire, correct?

    And you cannot swear to the jury that you closed the window, can you?
    (note he says he could “almost” swear…..we are not “almost” swearing here today Mr. OBrien, we are SWEARING)

    You (sort of) regret making the statement on the night of the fire about Lane and Whitney starting it, don’t you?

    But at some point you realized that if Whitney and Ashton are found responsible for the fire all the insurance money is yours, right

    A half million dollars, I believe?
    7:56 pm

Sunday, February 27

  1. page Bahr Cross Examination (Defense) edited Defense Cross Examination of Eaton Bahr 1. Have an unmarked copy of Bahr’s affidavit and be …

    Defense Cross Examination of Eaton Bahr
    1.Have an unmarked copy of Bahr’s affidavit and be prepared to impeach on the following facts:
    · The tinderbox conditions of basement (Paragraph 6)
    · The coffee pot was "THE PROBABLE" cause of the fire (Paragraph 8)
    · I can say with CERTAINTY improperly stored materials, there were appliances ON, it’s a GOOD THING LANE HAS ALIBI, the fire could have been set WAY EARLIER (all Paragraph 16)
    Questions:
    1.
    Mr. Bahr,
    ...
    you not?
    2.

    2.
    Being a
    ...
    it not?
    3.

    3.
    It also requires uyou to know
    ...
    fires, correct?
    4.

    4.
    Your job
    ...
    Thunderbird, correct?
    5.

    5.
    In your safety role as
    ...
    didn’t you?
    6.

    6.
    The pub
    ...
    wasn’t it?
    7.

    7.
    You said
    ...
    you not?
    8. That many trusting customers go to every day?
    ...
    didn’t you?
    10.

    10.
    And you
    ...
    the pub?
    11.

    11.
    And in
    ...
    stripping operation?
    12.

    12.
    And you
    ...
    flammable materials?
    13.

    13.
    Such as
    ...
    charcoal starter?
    14.

    14.
    And rags
    ...
    these materials?
    15. And you observed the presence of a heat gun?
    16. And none of these items was stored properly were they?
    17.
    This situation
    ...
    you say?
    17. You realized then that a potentially dangerous situation existed in the basement, did you not?
    18. I think

    18. In fact,
    you referred
    ...
    in your report?
    19.
    report, didn’t you?
    19.
    And you
    ...
    changes, correct?
    20.

    20.
    Did you
    ...
    him to cease and desiststop stripping furniture
    ...
    busy night?
    21.

    21.
    You told
    ...
    basement, correct?
    22.

    22.
    Immediately, I presume.
    23.

    23.
    In fact,
    ...
    sprinkler system?
    24.

    24.
    Even though
    ...
    the basement?
    25. You gave them a year even though the materials were improperly stored?
    26. You gave them a year even though the building itself was made of old wood?
    27. You gave them a year even though there was alcohol on the main floor?
    28.

    25.
    It is
    ...
    it did?
    29. Mr. Bahr, you testified that after your “investigation” you came to the conclusion that either the coffeepot or the stripping gun in the basement was the cause of the fire, correct?
    30. You found the fact that the coffee maker was on the floor suggestive of intent?
    31. You didn’t actually fight this fire, did you?
    32. You stood on sidewalk and watched, didn’t you?
    33. So you don’t know whether the coffeepot was knocked to the ground during firefighting, do you?
    34. Water was sprayed around the basement, wasn’t it?
    35.

    26.
    Small electrical
    ...
    aren’t they?
    36.

    27.
    And when
    ...
    does it?
    37.

    28.
    It is
    ...
    isn’t it?
    38. It smolders before igniting, correct?
    39.

    29.
    So if
    ...
    fire with a warman electrical appliance, it
    ...
    broke out?
    40. This was a huge fire, wasn’t it?
    41. The entire building was very heavily damaged, correct?
    42. The heat was extremely intense, correct?
    43. It would be most intense in the area where the fire began, correct?
    44. And yet it is your testimony that the fire left the coffeepot so unscathed that you could see afterwards it was on?
    45. And you could tell its plastic cord was plugged in?
    46. Even though the rubber gloves nearby were completely melted?
    47. And the heat gun and its cord were undamaged too?
    48. Even though they were allegedly “ground zero” of the huge fire?
    49.

    30.
    You testified
    ...
    fire, correct
    50.

    31.
    “Probable” is
    ...
    isn’t it?
    51.

    32.
    You have
    ...
    kid, correct?
    52.

    33.
    Over the
    ...
    you not?
    53. You even play cards with him until the early hours of the morning do you not?
    54.

    34.
    In fact,
    ...
    you not?
    55. You respect Mr. Lane O’Brien do you not?
    56.

    35.
    You also
    ...
    alibi, correct?
    57.

    36.
    But you
    ...
    not correct?
    58.

    37.
    Like around
    ...
    with you?
    59. Lane O’Brien

    38. You also knew Miss Grey as a child, didn’t you?
    39. And her past made her a suspect in this fire, correct?
    40. Even though she has had a perfectly clear record since them?
    41. Even though she
    was NOT the first person at the crime scene, was he not?
    60. He traveled from your fire house to the scene
    beneficiary of the inferno, did he not?
    61. Isn’t it suspicious that he made it to the pub even before the fire trucks, trucks that can stop traffic?
    62. But you didn’t believe that he could or would set the fire, correct?
    63. You also stated that the fire was black,
    insurance policy, like gasoline smoke did you not?
    64. As a highly qualified fire investigator, you know that materials other than gasoline can cause black smoke to form, right?
    65. Like rubber?
    66. Or plastic?
    your buddy Lane?
    (view changes)
    7:55 pm
  2. page Bellows Cross Examination (Prosecution) edited Prosecution Cross_GoBack Prosecution Cross Examination of ... you not? You You gave h…

    Prosecution Cross_GoBack
    Prosecution Cross Examination of
    ...
    you not?
    You

    You
    gave her
    ...
    would, right?
    And

    And
    Miss Grey
    ...
    wasn’t she?
    She’s

    She’s
    younger than
    ...
    isn’t she?
    And

    And
    she looks
    ...
    to you?
    At

    At
    the time
    ...
    that right?
    But

    Not just ONE fire, but TWO, correct?
    But
    you kind
    ...
    forgot about itthose until a conversation on the day ofshortly before the fire.
    Now,

    Now,
    Whitney asked
    ...
    didn’t she?
    You

    So you
    knew she
    ...
    short on money, didn’t you?
    But
    money?
    But
    your business
    ...
    money too.
    So

    So
    you denied
    ...
    didn’t you?
    You

    You
    have testified
    ...
    business, correct?
    You

    You
    were tiredsick of running
    ...
    weren’t you?
    You

    You
    no longer
    ...
    open, right?
    You asked

    You didn't want to own a pub, did you?
    But as of July 4,
    Lane O’Brienhad done nothing to buy you out around six months ago, right?
    He begged you for time to get the
    raise money, didn’t he?
    Time you were happy to give him,
    right?
    But you said

    But
    he was taking too much time, didn’t you?
    Mr. O’Brien did nothing, didn’t he?
    He made
    took no effortaction to raise funds, right?
    He wouldn’t even talk about it, would
    buy you out, did he?
    Of course, even if he did, there aren’t a lot of people in the middle of a recession who want to buy into a business that doesn’t generate enough cash to give a handyman an advance, are there?
    You

    You
    were getting
    ...
    weren’t you?
    You said that you never went into the basement correct?
    But anyone who worked at the pub would know that the basement was full of flammable liquids, wouldn’t they?
    And

    And
    the fire
    ...
    ordered you SIX months ago
    ...
    didn’t he?
    But

    But
    instead of
    ...
    on the pub.
    Even though during this time property values were plummeting.
    pub, didn't you?
    Your cut of the insurance proceeds was a quarter million dollars, right?
    And you SMILED as you watched the pub burn down, didn't you?

    (view changes)
    7:28 pm
  3. page Defense Opening Statement edited Defense Whitney Grey Defense Opening Statement 02/21 Good Morning ladies and gentlemen of …
    DefenseWhitney Grey Defense Opening Statement02/21
    Good Morning ladies and gentlemen of the jury, your honor.morning, I am
    ...
    of the Defendant,Defendant Whitney Grey.
    ...
    Shaquara Dobbey. We are here today in defense
    The night the Pub burned down was the night my client’s dreams turned to ashes. Ladies and gentlemen, if you had encountered Whitney Grey on the third
    of July, you would have had the pleasure of meeting a baseless chargehard working, studious young woman, who dreamed of Arson brought against Whitney.
    On
    being a fire investigator. Yet by July 4, 2010,5th her life was in ruins. She had been wrongfully accused of lighting a fire destroyedshe had nothing to do with, targeted by the Bellows and O'Brien Pubsloppy investigation of Eaton Bahr, a man with a long held grudge against her. Accused of a crime that may well have been a mere accident. We believe that by the end of this case, you will clearly see that in Thunderbird, Illinois. In a desperate
    ...
    crime she didn't commit based, only,had NOTHING TO DO WITH based on far-fetched speculation.
    It
    far fetched speculation and unconvincing evidence.
    It
    will be
    ...
    to prove each element of its case against Whitney beyond a reasonable doubt, yetdoubt. Yet you with be presented withwill hear no hard
    ...
    evidence showing that Whitney was,was in any way,way involved with a the fire at the fire.Pub. The State will producepresent no eye-witnesseyewitness testimony, no
    ...
    no DNA, nothing.
    Instead of proving its case with direct reliable evidence, the State
    no credible motive or logical means. What it will ask you to convict Whitey of Arsonpresent is innuendo based on his/herrash accusations and a sloppy investigation.
    We will learn that the sole reason Whitney was targeted here is her
    behavior as a young teenager 10 yearsover a decade ago. But just remember Whitneymy client is not on trailtrial for her
    ...
    trial for an accusation thatarson of the Pub. Whitney readily admits she made a huge mistake when she set fire to the pub.
    Whitney will not dispute that she started
    two small grass fires in the middle of a field as a teen.youth. But you
    ...
    that the shameful experience has influenced every
    ...
    She took full responsibility for
    ...
    back. She has dedicatedwas forthright and honest about her life to preventing fires like the oneimmature bad judgment when she is accused of starting.
    You will hear that Whitney worked at the pub, truly valued
    got her job and was just as devastated byat the losspub. But honesty may have not been the best policy here, because Fire Marshall Bahr used his knowledge of her job on account ofpast as the fire. It was the only job she could findweak foundation for his conclusions in town and she needed her job just to make ends meet and pursue her long-term goals.
    Even more troubling for
    the State is that itpresent.
    Fire Marshall Bahr
    will not showtestify that the fire at the pub was anything more thanan accident waiting to happen, but he nonetheless gave his friend Lane O’Brien a tragic accident. The testimonyyear to make it safer by installing more sprinklers. Everyone you hear testify today will showagree that before the fire, the pub was madeconstructed of old,old dry wood. The basement was full ofwood and filled with highly flammable materials used by one ofmaterial, which was improperly stored. Six months before the owners, Lane O'Brien, to refurbish antiques andfire, the bar was,owners were told of course, well-stocked with liquor.
    You
    the dangerous conditions, yet no one took action other than raising the insurance limits. You will also hear testimony that many things could have started this fire, from an errant spark from the pub’s sprinkler system was not upgrill to code despite warning, andthe subbasement heater. And learn that several people other than Whitney had greater motives and opportunities to start the owners did not upgrade it.
    You
    fire, if indeed it was caused by human hand. But the Fire Marshall considered none of these possibilities.
    You
    have been
    ...
    be served today isin this case if for you
    ...
    State that solid objective evidence is actually required to
    ...
    a crime. Justice would not allow anAn innocent young woman to haveshould not her life destroyed based simply on speculation.
    Thank you.


    (view changes)
    7:20 pm
  4. page Defense Closing Argument edited ... of the Jury: The Jury, Honorable Judge: We have just seen there is virtually no credible …
    ...
    of the Jury:
    The
    Jury, Honorable Judge:
    We have just seen there is virtually no credible
    evidence provided by the witnesses and prosecution does not prove thatagainst my client, Miss Whitney Grey, is guilt for setting Bellows and O’Brien Pub on fire. Whiteney Grey and Ashton Bellows both proclaim that Grey left first as they were closingregarding the fire of the pub. Also, my client Ms. Grey openly admitted that to Mr. Bellows and indirectly to Mr. O’Brien as well. Many witnesses ofPub. The State’s desperately weak case does not prove IN ANY WAY, BEYOND A REASONABLE DOUBT that this case are gladunfortunate fire was set intentionally, much less set by Whitney Grey. The state indeed failed to testifyprove that Mr.Miss Grey has cleaned up his act since his incident in his adolescent years. They have all claimed that he has been the perfect loving loyal citizen ever since he apologizedhad anything to do with the entire community and did community service. Ms. Grey is just your ordinary average caring neighbor that has been wrongly accused of such an inhumane crime. You will hearfire whatsoever.
    The prosecution provided deficient circumstantial
    evidence that points moredoes not link Ms. Grey to Mr. O'Brien than the innocent Ms. Grey. Mr. O'Brien wasfire at the onepub. They didn’t provide any evidence – ANY AT ALL – that leftproves that Miss Grey had anything to do with the windows open Mr. O'Brienfire. There was the last oneno testimony that she ever went to leave the pub. Mr. O'Brien had never suggestedbasement. There was no testimony that he was saving upshe returned to the buy Mr. Bellows share ofpub before the pub. Because Mr. O'Brien Mr. O'Brien overheardfire started. There was no testimony that she held a grudge against the conversation between Mr. Bellowsowners and Mr. Grey about his adolescent criminal background, he knewthere was no testimony saying that heshe could usehave even benefited financially from this fire.
    The only piece of foundation
    that edgequalifies Miss Grey as a cover up and if he couldn't primarily convict Ms. Grey of the incident, then he would make it look like accident with all the potential cause of this fire hazardsis her juvenile record of setting a few small grass fires. The State assumes that people do not change as they grow older. This is a false presumption. Everyone changes. You have seen that Miss Grey has greatly changed her life around and is working towards a better future for herself. She wants to help, not hurt her community. She is currently enrolled in college studying fire and criminal justice to make Thunderbird a better place. In America, we admire people who admit to their mistakes, accept their punishment and change for the basements. He also knew that Mr. Bellows wanted himbetter. Barack Obama became the leader of the free world after admitting to buy his shareadolescent mistakes of the pub, but he knew that he couldn't come up with that kinddrug abuse. Former president of moneyAmerica, George Bush had a history of drinking and DUI before he knew that he couldn't handlequit at age the responsibilitiesage of the pub by himself because he obviously couldn't handle them with help. He also knew40. These men didn’t become better drug abusers or better drinkers, they became better people. They were applauded for their changes, not indicted.
    We say
    that if he could getWhitney was just as hurt and distraught by the fire as Mr. Bellows convicted withO’Brien and Ms. Grey, he would be ableBellows were. In fact, Miss Grey had more to receive alllose – her job, her livelihood, her home away from home. The pub’s owners were the only people in town who gave Whitney a chance. They gave her the opportunity to achieve financial stability, offered her a place to meet people and feel like a part of the insurance money so he convincedcommunity. Whitney would not give this up.
    The prosecution offered CIRCUMSTANTIAL evidence that the State claims points toward arson. Much of this so-called “evidence” was found in the basement. However, Ms. Grey never went down in the basement – her asthma kept her away from the toxic chemicals Lane O’Brien allegedly used to pursue
    his “fire buddies”hobby cleaning his grandparents’ furniture. Mr. O’Brien’s reckless disregard for public safety led to pointthose materials being stored, as the finger at Ms. Grey. LadiesFire Marshal testified, improperly.
    I ask that you, fair ladies
    and Gentlemengentlemen of the jury, I ask that you open your eyeshold the State accountable for the truth. Due to lack of foundation and sufficient evidence brought into the true intentionscourtroom, the state CANNOT prosecute Miss Grey for arson. Arson itself cannot be proven, and the prosecution’s pathetic attempt to link Ms. Grey to the fire is based on weak circumstantial evidence and an incident of Mr. Lane O'Brien. bad judgment.
    (view changes)
    7:16 pm
  5. page Prosecution Closing Argument edited Prosecution Closing Good afternoon. Ladies and gentlemen Your honor, At the beginning of thi…
    Prosecution Closing
    Good afternoon. Ladies and gentlemenYour honor,
    At the beginning
    of this trial today the jury, thankState promised you for your time and patience. Now that all the evidence is in, there is nowould establish -- beyond a reasonable doubt – that this fire was no accident and that the Defendant burneddefendant Whitney Grey deliberately destroyed the Bellows and O'Brien Pub toO’Brien Pub. You have just heard the groundState delivered on that promise.
    Let’s first look at what is not in dispute at
    the eveningclose of July 4, 2010.
    After these closing arguments
    all evidence:
    First,
    the Judge will instruct you on the lawdefendant had a prior conviction for setting not just one but two fires, and a 10-year history after that of Arson. After you deliberate in the jury room, you must conclude that the People have provedattending virtually every element of Arson and that the Defendant is guilty as charged.
    First, Arson requires evidence showing that the Defendant knowingly set
    fire toin town, small or large. Now the Pub. The evidence clearly showsdefense may argue that the Defendant set the fire and that the firedefendant’s adolescent history was no accident.
    You heard from the fire chief
    just that the scene– mistakes of the crime was doused in gasoline and thathis past. But how many people seeking to get beyond their past return -- like a gas can was found in the Defendant’s car. Of course, the Defendant gave you the self-serving explanation that he regularly carries the gas canmoth to and from the puba flame – to gas up a lawnmower at the pub. Butsource of temptation? We have seen that explanation makes absolutely no sense. It doesWhitney could not take an expertget enough of fire. He lit fires. He studied fires. He loved to tell you that storing a gas can in your car is an extremewatch fires. (ADD THE FOLLOWING ONLY IF DECKER IS CALLED) The only person who didn’t believe Whitney Grey continued to be fascinated by fire hazard and of coursewas Dr. Decker – the Defendant of all people should know that. Why not keep the gas can at work and fillprofessional witness who was paid a small fortune by Whitney’s co-conspirator.
    Next,
    it up as needed? Also, are we supposed to believeis undisputed that the Defendant, whodefendant was struggling to make ends meet by his own testimony, paysdesperate for his employer’s gas expenses through his personal supply? Absolutely not,money. College, rent, car – they all add up. To whom did Whitney turn for money shortly before the reasonfire? The other person charged with arson in this matter, Ashton Bellows. Whitney even admitted that on the Defendant hadvery day of the gas can infire he discussed his car was because he was tryingarsonist past with this co-conspirator. Ashton Bellows had money to lend to hide the evidence and get away with the crime. Dodefendant, but chose not let him hide behind absurd excuses.
    In addition, there
    to. By then, Mr./Ms. Bellows had developed other plans.
    Third, it
    is insurmountable circumstantial evidence showingundisputed that Defendant committed this despicable act. The Defense will make lightAshton Bellows wanted out. He was tired of this evidencethe hours and attempttired of the grind. He wanted to brush it off. However, this evidence is no laughing mattermove some place warmer – so he and his partner in crime turned up the Judge will tell you that whether the Defendant set fireheat big time. Ashton had asked his partner months earlier to the pub may be proved by circumstantial evidence under the law.
    For example, you heard
    buy him out – but that the Defendant certainlypartner had the experience, opportunity and motive to set the fire. You heard all about his/her history of intentionally starting fires. Also, you heard that the Defendant has actually received professional training in how to set and prevent fires. She/he is studying to benot made a fire investigator. The Defendant is goingsingle move to school, studying how to start and stop fires, how to fuel fires, andfind the science of what kinds of things would make a fire burn fasternecessary money. So, when Whitney Grey asked for an advance on his pay -- and hotter. She knows it all, and you can rest assured that if she knows how to prevent a fire, she must also know how to start one.
    Beyond his/her formal training you heard about
    at the Defendant’s on-going obsession with fire. She regularly shows upsame time happened to watch nearly every blazeremind Mr. Bellows of his expertise in Thunderbird. This goes way beyond intellectual curiosity.
    But that's not all. The Defendant had a financial motive, too. You heard that just before the
    fire the Defendantsetting -- Mr. Bellows found his ticket out. A “win-win” plan was in desperate need for a loanhatched right then and approached the Pub’s co-ownerthere. Ashton Bellows. Bellows explained that he wanted to help but could not only because co-owner Lane O’Brian refused to buy Bellow’s sharewould get out of the pub business. That is when the Defendant came upbusiness with the ideaplenty of money – one-quarter of burning the pub down.
    Defendant knew that if the pub burnt down, Bellows
    a million dollars – and O’BrianWhitney Grey would come into insurance money, enoughget the chance to demonstrate his fire craft. Whitney would also get that recommendation he needed and, undoubtedly, an “advance” on his good friend Bellows out of town and forsalary that loan the Defendant needed, maybe more. This was not only Defendant’s sparkling opportunity
    ……………………………….._GoBacknever would need
    to help out her/his trusted friend; it was the best way to get that loan.
    The Defendant’ alibi is incredibly weak. She left
    be repaid. No wonder these two smiled together as the pub before Bellows and O'Brien, and no one can vouch for her whereabouts. In fact,went up in smoke!
    Now
    the first time anyone saw her after she left workdefense wants you to believe that nightthis fire was atan accident, or that maybe Lane O’Brien himself set the scene of the crime, where she grinned as firefighters risked their lives to save the ruined building.
    You also heard the fire chief testify
    fire. But we have seen that Mr. O’Brien’s heart and soul were in the fire was intentional because therepub. His family heirlooms were simply too many suspicious factors at play in concert. The Defense will attemptthe pub. It wasn’t his idea to explain away each circumstanceincrease the insurance – it was Ashton Bellows’.
    Fire Marshall Eaton Bahr is a very experienced expert
    in isolation but do not let them use this classic smoke and mirrors tactic. The fire chief explained thatdiagnosing the totalitycauses of factors wasfire. He told the cause for his determinationcourt today that thethis fire was intentional and not justno accident. No one coffee pot leftwas stripping furniture on or one strippingthe 4th of July. The heat gun was not left on, oron by accident. Coffee pots are not left on the amount of accelerants found next tofloor. Windows in both the heat sources orbasement and the fact that all windows wereloft area are not left open or the fact that theby accident. Gasoline is not spread around a basement was doused in gasoline or the fact that the smoke appeared asby accident. The defendant had a ready excuse for the kind associated withpresence of a gas fires.
    Arson also requires that
    can in the fire be set without the consenttrunk of the property owners. Therehis car, but no ready answer for why gasoline was no evidence that botha primary accelerant for this fire. The defendant and Ashton Bellows and O’Brian consented to setting fire tocontrolled the pubgasoline can. The defendant and the testimony supports this. Finally, Arson requires that either personal or real property be destroyed in an amount exceeding $150.00. There is no dispute that the pub and/or the personal effects within the pub were completely destroyedAshton Bellows planned and that the value of the real and person property far exceeded $150.00.
    So now that we have presented you
    set this evidence it is now upfire.
    A moth
    to youa flame. A desire to see fit that justicehelp a good friend. A desire to help himself – this is served. For the sake ofonly explanation for this fire. The defendant had the safety of our community, please see to it thatmeans, the Defendant is held accountable for his actionsmotive and not let him hide behind the smoke. Thankopportunity. The State asks you once more for your attention and service to find the community.
    defendant Whitney Grey guilty of arson.
    Thank you very much.

    (view changes)
    7:16 pm

Saturday, February 19

  1. page Bahr Direct Examination (Prosecution) edited Delissa Collier, Shang Sharpe, Khaylian Leflore Mr. Ramin Law and Government, P8 January 24,…

    Delissa Collier, Shang Sharpe, Khaylian Leflore
    Mr. Ramin
    Law and Government, P8
    January 24, 2011
    Direct Examination (Bahr)
    Prosecution Direct of Eaton Bahr (Expert)
    1. Mr. Bahr, would you please state your full name for the court?
    ...
    Eaton Bahr.
    2. Where do you live Mr. Bahr?
    ...
    Thunderbird, IL.
    3. How long have you lived in Thunderbird?
    ...
    entire life.
    4.

    4.
    Are you employed?
    Oh

    Oh
    yes, I’m
    ...
    Fire Marshall.
    5. How long have you been the Fire Marshall?
    For more than 5 years. And for the 8 years prior to that, I served as a firefighter in the same force.
    6. What does a Fire Marshal do?
    ...
    fire safety.
    7. Did becoming a Fire Marshall require any special training?
    ...
    administrative experience
    8. Did you receive any special training after becoming the Marshal?
    ...
    training center.
    YOUR HONOR, I MOVE TO HAVE EATON BAHR QUALIFIED AS AN EXPERT IN FIRE CAUSATION AND PREVENTION.
    ...
    Lane O’Brien?
    Yes, I do – since he was a kid.
    10. Do you know Mr. Ashton Bellows?
    ...
    very young.
    11.

    11.
    Do you
    ...
    Whitney Grey?
    Yes I do. I’ve known all three of them since they were boys.
    12. Where do the three men work?
    ...
    for them.
    13. Had you ever inspected the pub?
    ...
    last year.
    14. Will you please describe the pub for us please?
    ...
    balcony area.
    15. I want to direct your attention to the evening of July 4, 2010. Do you remember that evening?
    ...
    out completely.
    16. Why is that?
    ...
    there too.
    17. What about the oxygen?
    ...
    the heat.
    18. Were you able to determine the original source of heat?
    Yes we were. Two items acted as the source of heat in this fire: both a coffee maker and a heat gun had been left on in the basement.
    19. Did you find anything else?
    ...
    unusual smoke.
    20. What was the cause?
    I found traces of gasoline in the basement.
    21. How did you learn about the gasoline in the basement?
    ...
    was gasoline.
    22. What were the other things you found?
    ...
    antique furniture.
    23. Were there sprinklers in the basement?
    Not enough. I had inspected the building about six months ago, and recommended that Lane and Ashton put four additional heads in. They had not done this by the time of the fire. Under the code, they had a year to do so.
    ...
    approach the witness yourwitness, Your Honor?
    Mr. Bahr, I’m handing you what has been marked as Prosecution Exhibit #1. Do you recognize this document?
    ...
    last summer.
    25. Did you prepare the report?
    ...
    the pub.
    26. Did you prepare this report as part of your duties as Fire Marshall of Thunderbird?
    ...
    I did.
    27. Did you prepare this report in the same way as you normally prepare such reports?
    ...
    I did.
    YOUR

    28. YOUR
    HONOR, I
    ...
    EXHIBIT #1.
    28.

    29.
    Mr. Bahr,
    ...
    was arson.
    29.

    30.
    What was
    Three things: First, the fact that the windows were open when they should have been locked for the night; Next, the presence of gasoline in the basement. Everything else down there was explainable, but not gasoline. Finally, and most importantly, the presence of the coffee maker and the heat gun left on in the basement.
    30.31. Now Mr.
    ...
    in town.
    31.

    32.
    Do you
    ...
    local college.
    32.

    33.
    Was he
    ...
    – Grey, LaneBellows and O’Brien
    ...
    all there.
    33.

    34.
    Were there
    ...
    no witnesses.
    34.

    35.
    Was there
    Yes, the media was there for the entire time. In fact, after I began to suspect arson, I reviewed the media tapes.
    35.36. Did you
    ...
    was unusual.
    36.

    37.
    Unusual in
    ...
    their faces.
    37.

    38.
    What made
    ...
    their livelihoods.
    38.

    39.
    Mr. Bahr,
    ...
    insurance policy?
    Yes

    Yes
    – that’s
    ...
    for arson.
    39.

    40.
    Did you determine whether Lane and O’Brien’sthe pub was
    Yes. In fact, the insurance on the building had just been raised substantially.
    (view changes)
    2:38 pm

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