Published: May 09, 2008 11:33 pm            

Arson verdict: Guilty

An Upper Yoder Township mother faces up to 20 years in federal prison after being found guilty of arson Friday in U.S. District Court in Johnstown.

Terri Beth Kerr, 40, was charged with setting the Dec. 16, 2002, fire that destroyed Miller Pools and Skis on Elton Road.

The verdict capped a three-day trial that featured two days of testimony by 19 witnesses.

The six-man, six-woman jury deliberated for almost 10 hours over two days to reach the unanimous verdict.

Business owner Don Miller Jr. – Kerr’s live-in boyfriend – and other family members maintained a vigil in the courtroom and surrounding hallways throughout the trial and deliberations.

Sobbing and hugging each other after the verdict, the group moved into a conference room with defense attorney Art McQuillan briefly before departing without speaking to reporters.

Don Miller Jr.’s mother, business founder Rosemary Miller, said only she felt “sick” as she left the federal building.

“It was a very severe fire,” Assistant U.S. Attorney Shaun Sweeney said afterward.

The $1 million blaze destroyed the business and sent about two dozen firefighters to the hospital with breathing problems linked to the chlorine kept at the store.

Expert investigators from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives sifted through the remains for evidence.

Though agents were not able to pinpoint how or where the fire started, Sweeney said, their investigation brought evidence of Kerr’s repeated attempts to hire an arsonist and other evidence.

“We were able to present that information to the jury and they made the right decision,” Sweeney said.

The lead defense attorney saw it differently.

“From our closing argument, we disagreed with the government’s version of the case,” McQuillan said outside federal court. “We respect the jury’s verdict.”

Don Miller Jr. did not speak to reporters after the jury announced its guilty verdict. Kerr has lived with Miller since 1994. She has three daughters.

Kerr was taken into custody by federal marshals and transported to Cambria County Prison, where she will remain until sentencing Aug. 20, McQuillan said.

During his closing argument Thursday, Sweeney characterized Kerr as a woman with big plans. At the time of the fire, she had been living with Miller for more than five years and was running much of the business’ retail operation.

She legally changed her name to Miller and often presented herself as Miller’s wife and a co-owner of the business, a former employee testified.

But Miller’s divorce from his former wife, Melanie, would not be final until she received a $55,000 financial settlement. Until then, Miller was paying her $450 a month in support, Sweeney reminded jurors.

Several witnesses testified that Kerr said she could use insurance money to pay off Melanie Miller and settle the divorce.

“She had changed her name, and the guy was still not divorced,” Sweeney said. “She wanted to get moving. She wanted to get on with her life.”

Sweeney said that if a person heard repeatedly through the grapevine that Kerr offered up to $10,000 to set the fire, and heard other things she discussed before the blaze one would suspect the worst.

“You’d say: I think she’s going to burn this place down,” the prosecutor said.

McQuillan did not call any witnesses, stressing in his closing argument that the prosecution did not prove its case.

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

Jurors twice came back into the courtroom during deliberations to have questions answered.

They first wanted to know if the undetermined cause and nature of the fire in itself constituted reasonable doubt. U.S. District Judge Kim R. Gibson told them to consider all the evidence.

Then jurors wanted to know at what point they would tell the judge they were deadlocked. The judge said juries are deadlocked if they cannot reach a unanimous verdict.

Sweeney said the deadlock question did not worry him.

“A long time ago, I gave up trying to figure out where a jury is in deliberation,” Sweeney said.

McQuillan said the first question was encouraging.

“With the question about ‘reasonable doubt,’ the jury clearly grasped the issue,” McQuillan said.

He and Kerr have not discussed a possible appeal, McQuillan said. He will review the case as he prepares for the sentencing.

        

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