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Kansas Supreme Court - 101551 – State v. Peppers

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TVLs "associations." He identified <strong>Peppers</strong>' telephone number as appearing on his own<br />

telephone's log three times before the shooting.<br />

Three police officers testified that, while Hayes-Osby was in the hospital after the<br />

crimes, he told them that <strong>Peppers</strong> was the man who shot him.<br />

Two other <strong>State</strong> witnesses in <strong>Peppers</strong>' trial also identified <strong>Peppers</strong> as the shooter.<br />

One, LaTiseia Stano, acknowledged that she had been smoking marijuana and<br />

crack cocaine and had been drinking on the night of the shooting. She testified: "I was<br />

sitting in a car [outside of Terry's] getting high and I heard shots and I turned around and<br />

I seen people running and I, I left." Stano identified <strong>Peppers</strong> as one of the men she saw<br />

shooting. She admitted that she had previously testified she was not present at the scene<br />

because she was scared. Stano said she was incarcerated at the time of trial, but she<br />

denied having any agreement with the <strong>State</strong> for more favorable treatment in exchange for<br />

her testimony.<br />

The other witness who identified <strong>Peppers</strong>, Stacey Lewis, acknowledged that she<br />

had been drunk on the night of the shooting. She testified that she was in an alley across<br />

the street from Terry's to buy crack cocaine when she saw a parked car with "Little Man"<br />

and "Cream" inside. "Little Man" and "Cream" were street names for Cunningham and<br />

Hayes-Osby. Lewis returned her attention to her drug transaction and then heard<br />

gunshots. When she looked back toward the car, she saw two shooters, one of whom she<br />

recognized as <strong>Peppers</strong> by "the way he moved." Lewis then ran from the scene. When<br />

Lewis was arrested about a month later, she asked law enforcement "if they had ever<br />

caught the person who killed Little Man." When the police told her no, she told them she<br />

knew the murderer was <strong>Peppers</strong>. Lewis testified that she was given immunity from drug<br />

charges for her purchase of crack cocaine on the night of the shooting in exchange for her<br />

9

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