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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

that she “didn’t

that she “didn’t have to work no more” (PC-R2. 1654). “Mark said he was going to have a lot of money. We didn’t have to work anymore” (PC-R2. 1647). On that evening, Doreen was “in a dope hole shooting in a bush” when the car drove up (PC-R2. 1641). The dope hole “was right off 62 nd ” near Biscayne (PC-R2. 1646). The bushes were behind where Mark stood waiting for customers. She saw the car drive up. She identified a magazine photograph of Mr. Riechmann as the car’s driver (PC-R2. 1644). 36 Mark held up his hands indicating for the car to stop (PC-R2. 1658). When the car stopped, two “gits” (a term for two young black males) ran up to the car on both sides and shot into the car (PC-R2. 1646, 1658). “As soon as they pulled up it happened. It was like a set up gone wrong” (PC-R2. 1647). 37 Doreen testified that after the shooting Mark “was scared for some reason” (PC-R2. 1647). So he locked Doreen in a hotel room; “[h]e wouldn’t let me back out” (PC-R2. 1647). Doreen remained in the hotel room for a week, so she did not 36 Doreen was not able to identify Mr. Riechmann in the courtroom (PC-R2. 1643-44). 37 A police report, not disclosed to trial counsel, indicated that three days after the crime, police learned that two drug dealers, one named “Kool,” were overheard by an informant bragging about ripping off and wasting someone. These drug dealers were selling drugs out of a brown Impala (PC-R. 684). 38

know whether police officers were around investigating (PC-R2. 1647-48). She finally ran away because Mark “was abusive. He got crazy. He just snapped” (PC-R2. 1648). To Doreen’s knowledge, Mark did not return to “the dope hole,” his place of business, after the shooting (PC-R2. 1649). Doreen was contacted by Frank Clay, an investigator working for Mr. Riechmann’s lawyer, a couple of months before her testimony (PC-R2. 1655). She met with him five or six times (PC-R2. 1655). At one of the meetings, she was introduced to Mr. Riechmann’s lawyer, Ms. Backhus (PC-R2. 1657). Doreen admitted to being a crack addict (PC-R2. 1657). She also acknowledged that she had over 10 convictions (PC-R2. 1658). When asked about felonies and misdemeanors, she indicated “I don’t know how many times I was arrested for what” (PC-R2. 1659). 38 Donald Williams testified that he was homeless and had lived in the area of Biscayne and 63 rd Street for many years (PC-R2. 1626-27). He knew Mark Dugan and an individual named “Twin” (PC-R2. 1630, 1637). Williams knew Doreen Bezner and that Doreen was a girlfriend of the man he knew as Mark Dugan 38 The State successfully objected to the introduction of Doreen’s rap sheet to clarify the number of convictions and what they were for (PC-R2. 1663). 39

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