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Law Offices Of <br /> HAKEEM, ELLIS, SIMONELLI & MARENGO <br /> A Professional Law Corporation W p <br /> ,vii PJ` <br /> Michael D. Hakeem 2800 West March to <br /> Albert M. Ellis <br /> Suie 200 <br /> Renee M. MarengoStockton, CA 95219-8218 <br /> Peter W. Manion � . TEL 209 474-2800 <br /> Stephen B. Ardis FAX 209 474-3654 <br /> /arras 1. Simonelli <br /> (Retired) 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 /> 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 /> CO2 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 CO2 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 />