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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

een her pimp on Biscayne

een her pimp on Biscayne Boulevard, but not ever again in the “dope hole”(PC-R2. 1651). Gray is now in a wheelchair (PC- R2.1649). Ms. Bezner admitted to being a crack addict, but she said that did not affect her ability to observe. She acknowledged that she had 10 or 11 prior convictions, mostly for solicitation of prostitution (PC-R2.1661). At first, she testified that the convictions were felonies and then when presented with a copy of her criminal history, she had difficulty reading the printout, said they were misdemeanors. She then changed her testimony again and said they were felonies (PC-R2. 1658-59; 1661). The judge accepted her answer (PC-R2. 1662). Mr. Riechmann attempted to move the printout of Ms. Bezner’s criminal history into evidence because she misunderstood the printout. The State, however, objected to admitting it into evidence. The court refused to allow Ms. Bezner’s criminal record to be admitted into evidence, though it clearly reflected that Ms. Bezner’s convictions were non-violent misdemeanors for prostitution and trespass (PC-R. 1662-63). Even though Ms. Bezner could not give a precise date or time that the crime occurred, she said it was something that “sticks in the head. It’s not like an everyday event” (PC-R2. 106

1648 ). B. Donald Hugh Williams Donald Williams lived in the area of Biscayne Blvd. and 63 rd Street in October, 1987 (PC-R2. 1627). He frequented various bars in the neighborhood. He knew Mark Dugan in 1987 and the areas he frequented (PC-R2. 1630). He described Dugan as a “black male, about 5'9", about 165 pounds (PC-R2. 1630). Williams heard that “something had happened” near Biscayne and 63 rd street area (PC-R2. 1627-28). The State objected to the hearsay response. As a result, Mr. Riechmann proffered that Williams overheard customers at the bar joking and talking about a failed robbery in which someone was killed without getting anything for it. Everybody talked about the failed robbery for about a week after it occurred (PC-R2. 1628). On cross examination, the prosecution asked Williams about what he had overheard at the bar (PC-R2. 1632). Williams said the people in the bar did not say who had committed the murder. Williams knew that Dugan is no longer in the area (PC-R2. 1630). He did not know him by any other name besides Mark. He knew that Dugan was in a wheelchair because one of his knees was shot off (PC-R2. 1630). He knew Doreen Bezner and 107

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