gone with Ponticelli to purchase cocaine from the victims the day of the killings. Again, however, the State stood by while the West Virginia boys provided false testimony as to their knowledge of Ponticelli and his drug consumption with them in the hours preceding the killings.
In its order denying postconviction relief the court made factual findings supporting the defendant's Giglio claim:
Upon consideration of the evidence presented at hearing, this Court finds the following facts in relation to this claim:
1) Investigator Munster's December 1987 Supplemental Report mentioned "cocaine usage" at the Grandinetti's trailer on the day of the murders. This report was supplied to Trial Counsel; however, he had no way of knowing that the reference meant that Defendant was using cocaine at the trailer the night of themurders.
2) Investigator Munster's field notes, which were not disclosed to the defense until 1997, provide further evidence of cocaine use at the Grandinetti's trailer on the night of the murder. The State simply overlooked this information. There is no way of knowing whether Trial Counsel would have gathered from those field notes that Defendant was using cocaine at the trailer on the night of the murders.
3) Investigator Munster testified that Tim Kesee told him about cocaine use at the Grandinetti's trailer the night of the murders. This information was not turned over to the defense.
4) Prosecutor Balius' interview notes with Tim Kesee may indicate that Defendant was using cocaine at the Grandinetti's trailer on the night of the murder. These notes were not turned over to the defense.