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LaW OffiCCS Of <br />HAKEEM, ELLIS, SIMONELLI & MARENGO <br />A Professional Lnzn Corporation <br />cti9iihacl D. Hakeem 1�(\c\` <br />Albert M. Ellis P <br />l� <br />Pcnc'c M. Alarerrgo 1 <br />Peter W. Amnion <br />Stephen B. Ardis <br />fnnres 1. Simonelli <br />Wetirc(l) January 6, 2000 <br />David J. Trey <br />Deputy District Attorney <br />Environmental Prosecution Unit <br />S. J. DISTRICT ATTORNEY'S OFFICE <br />P. 0. Box 990 <br />Stockton, California 95202 <br />V1(10 ' <br />IN � <br />2500 1%1 t Man 11 r le <br />Snits 200 <br />StoCltou, CA 95219-S21S <br />TEL 209 474-2500 <br />FAX 209 474-36-5-1 <br />Re: The People of the State of California <br />v. Proprietary Pizza Corporation, et al. <br />Civil Case Nos. CV008908, CV008909, CV008917 <br />Our file number: 6691-1 <br />Dear Mr. Irey: <br />I appreciate your forwarding to me the documentation <br />from the Office of Emergency Services dated December 14, <br />1999. I have had an opportunity to ,review that information <br />with my client, George Badway, and discuss the responses to <br />my earlier letter as contained in the.memo from Dennis <br />Fields. <br />The most significant piece of information provided by <br />way of the recent memo was the information contained in <br />paragraph D of Mr. Field's memo whereby he states, "OES <br />does not have the ability to determine the quantity in the <br />COI cylinders..." In light of this information, I believe <br />your office would have a difficult time at trial attempting <br />to prove the quantity of COI on hand, or for that matter <br />that the tanks were actually full. I don't think it could <br />be considered to be a "scientific test" by Mr. Field's <br />referencing that the cylinders had enough pressure to push <br />an individual's thumb off each cylinder. That by no means <br />suggests the quantity left in the tank, given the fact that <br />the tanks are never totally empty for purposes of such a <br />test. <br />