SALINE COUNTY JURORS DELIVER MIXED VERDICT

HARRISBURG - A mixed verdict was delivered Thursday in what has come
to be known as the "smell case." The case is called the smell case by
attorneys and local law enforcement because the police used a smell of
ether coming from a house as probable cause to obtain a search warrant.

After relatively brief deliberations, a jury found Ricky Troutt of
Eldorado guilty of attempted manufacture of a controlled substance,
obstructing justice and possession of a controlled substance. However,
Troutt was found not guilty of possession of cannabis and possession
of a chemical used in the manufacture of methamphetamine.

Eldorado police and Saline County Sheriff's deputies searched the home
of Bobby K. Barrall in the early morning hours of April 5 after
obtaining a search warrant based upon the strong smell of ether coming
from the 2309 Locust Street residence. Ether, according to the
testimony of Rob McConnell of the Southern Illinois Drug Task Force,
may be used to make methamphetamine and has a distinctive odor.
Officers testified the ether could be smelled as far as a block away
from the house.

Police found coffee filters, a wooden smoking box, plastic tubes, a
small amount of cannabis, plastic bags containing a white, powdery
substance and a box of Sudafed -- an over-the counter drug containing
sudephedrine, which is a chemical commonly used in the manufacture of
methamphetamine -- and several other items entered as evidence.

Both Barrrall and Troutt were charged after the search. Troutt was
staying at the residence periodically, according to testimony from
Barrall, who was called as a defense witness in the case.

Kelly Dismuke, Barrall's daughter, testified the Sudafed belonged to
her. She said her physician's assistant advised her to take the drug
for fluid in her ears.

Assistant State's Attorney Paul Myers told the jury that -- except for
the cannabis -- many items found at the residence may be legally
possessed, but the combination of items pointed to a meth lab in operation.

"Basically what we've got here is a drug house. That's the only
explanation for the smell," Myers said.

"I am sure you have all heard if it walks like a duck, quacks like a
duck -- and in this case smells like a duck -- then it must be a duck."

Defense attorney Todd Bittle characterized the case against his client
as inconsistent and shoddy.

"Mr. Myers indicated this is the smell case. I agree with that, and I
think it stinks," Bittle said.

He pointed out the residue found in the plastic bags and described by
police as being white was actually brown, according to crime
laboratory test results. He also said several items, such as the ether
recovered from the scene, were never tested at the crime lab.

He suggested police may have tampered with evidence, or at least did a
slipshod job of gathering evidence.

Myers countered by pointing out no witnesses testified about police
wrongdoing or incompetence, and no evidence pointed to official misdeeds.

"There is no evidence of anybody, especially the police, tampering
with evidence," Myers said.

Troutt will be sentenced by Judge Brocton Lockwood 1 p.m. Sept. 5.
Barrall is scheduled to go to trial Aug. 6 on charges of possession of
a chemical used in the manufacture of methamphetamine, possession of a
methamphetamine analog and possession of drug paraphernalia.