People v. Nunally CA3

BACKGROUND

The following background is derived from evidence presented at defendant’s second trial.

2 Margaret Kephart was working as a prostitute in September 2012. That month she arranged a date with a man she knew as Sal. Sal’s true name was Kaster Tezino. Tezino was on probation for transporting a minor over state lines for prostitution. According to Kephart, Tezino proposed to be her pimp. But Kephart said Tezino attempted to rape and rob her at gunpoint, and she reported the incident to defendant. She gave defendant a description of Tezino and identified Tezino in a photograph. Later that day, Tezino contacted Kephart and asked to meet with her. Defendant told Kephart to arrange a meeting with Tezino at a restaurant and then at a motel, and Kephart made the arrangements. Caesar Williams had known defendant since they were young. Defendant was known as Money Mike. Williams testified he and defendant worked as pimps in September 2012. Williams loaned defendant his Jaguar. Defendant, Williams, and a man named Mitchell went to the motel where Kephart had arranged to meet Tezino. Defendant saw Tezino and made small talk with him. As Tezino turned to walk away, defendant pulled…