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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

Biscayne Blvd; Gray was

Biscayne Blvd; Gray was expecting them (PC-R2. 1654). Ms. Bezner and Gray had gone to the “dope hole” to met the two people. When the two people arrived, Gray and Ms. Bezner were waiting for them (PC-R2. 1655). Ms. Bezner was doing crack cocaine near the bushes as they waited (PC-R2. 1657). Mr. Riechmann was driving. Ms. Bezner was 10-15 feet away (PC-R2. 1642). She saw that Ms. Kischnick had “a lot of gold on her neck” (PC-R2. 1645). Gray held up his hands indicating for the car to stop (PC-R2. 1646). As the car stopped, two “gits” (a term for two young black males) ran up to each side of the car and shot into it (PC-R2. 1641). The driver immediately “took off” (PC- R2. 1641). Gray did not shoot into the car and just stood still like he was in “shock” (PC-R2. 1658). Ms. Bezner said she did not know the “gits” who shot into the car (PC-R2. 1647). Q. [By Ms. Backhus] When you saw this car drive up, was there enough time for anyone to get out of the car, fire a shot, and get back into the car? A. I don’t even think they can even put it in park. As soon as they pulled up it happened. It was like they were expecting it. It was like a set up gone wrong. (PC-R2. 1647)[emphasis added]. Ms. Bezner described the “gits” as “all the same” coming 104

into the area to do robberies (PC-R2. 1646). She identified pictures of Mr. Riechmann and Ms. Kischnick as they appeared on the night of the crime (PC-R2. 1644-1645; Def. Ex. F). Ms. Bezner testified that after witnessing the shooting, she was quickly taken to a motel room by Gray (PC-R2. 1648). She said Gray “just snapped.” He became abusive and crazy because something had happened at his “dope hole.” (PC-R2. 1649). He acted “scared for some reason” as if something else went wrong (PC-R2. 1647). She remained in the motel room for a week, and was told not to leave. Gray brought tricks to her in the motel room (PC-R2. 1649). When she found an opportunity, Ms. Bezner ran back to the streets and away from Gray’s abuse (PC-R2. 1648). She was afraid of Gray and repercussions from him if she told her story (PC-R2. 1649). Every time she left him, Gray would find her (PC-R2. 1650). He did not allow her to speak with his business associates, who were other people involved in the robbery and murder (PC- R2. 1650). She and Gray did not return to the dope hole after the incident (PC-R. 1649). Ms. Bezner described Gray as 5'9" tall with black hair and brown eyes (PC-R2. 1649). Four or five years ago in 1998, a “deal went wrong” and his knee cap was “shot out.” (PC-R2. 1649). She had known Gray for eight or nine years and he has 105

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