Memorandum of Points and Authorities A. Preliminary - Justice Denied

Lisker immediately told Hughes he wanted to confess. (RT 549-550.)
Lisker told Hughes, “I killed my mother and I fucked up.” (RT 550.)
The mistake Lisker said he made, according to Hughes, was forgetting
to get rid of his clothes which were spattered with blood. (RT 550-551.)
As related by Hughes, Lisker told him he needed money to buy
PCP but his mother refused to give him any money. Lisker started to
go through his mother’s purse. His mother saw him and ripped his
shirt and slapped him. Lisker went to the kitchen, got two steak
knives and found his mother in the hall where he stabbed her in the
back and left the knives in her body. (RT 550-552.)
Hughes further testified that Lisker told him that when his mother
did not die from the stab wounds, he got the trophy and hit her in the
head. Lisker then got the exercise bar and “wailed on her with that for
a while.” (RT 554.) According to Hughes, Lisker told him “[i]t started
in the bedroom.” (RT 553.)
Hughes said that Lisker told him his “alibi” was the story he told
the police and that he “did good because [he] called [his] father, the
paramedics and the police in that order. (RT 554-555.) Hughes
remembered specifically that Lisker said he called his father first
before calling the paramedics. (RT 610-611.)
Hughes testified that immediately after Lisker confessed to him,
he made notes of what he had said. However, Hughes no longer had
the notes and could not remember what they looked like. He said he
destroyed or threw the notes away, and then testified he may have
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