to believe that he was trying to sell cocaine for them. He thought about killing the brothers at their home but there were other people there, so he asked the brothers to take him to Keith Dotson's house to sell the cocaine. After leaving Dotson's house, they drove to a place where he killed them. Ponticelli told Freeman that he shot the driver first with two shots to the head and then shot the passenger once in the head. One of the men was still alive. Ponticelli then drove to Joey Leonard's house, where he told Leonard and his roommate what he had done. He gave Leonard the gun and discussed disposing of the bodies. After he left Leonard's house, he had a flat tire, so he abandonedtestified that "`R and N' was Ralph and Nick [Grandinetti]," but she was not sure which of the five persons Keesee claimed were present at the Grandinettis' trailer on the night of the homicides (i.e., Ralph Grandinetti, Nick Grandinetti, Keesee, Ponticelli, or Keesee's brother) was "doing cocaine." Keesee also reported the same information to the state investigator, who included it in a December 1987 supplemental report. This report was provided to the defense before trial. It stated that Keesee left the Grandinettis' trailer on the night of the homicides because of cocaine "usage" taking place there and because of a cocaine deal that was in process between Nick, Ralph, and a white male identified as Tony.
In its November 1, 2002, order, the trial court determined that while the