Case 2021CF000374 Document 203 Filed 12-29-2022 Page 1 of 13

FILED
12-29-2022
Clerk of Circuit Court
Outagamie County
STATE OF WISCONSIN CIRCUIT COURT OUTAGAMIE COUNTY
2021CF000374
DA Case No.: 2021OU001351
STATE OF WISCONSIN Assigned DA/ADA: Melinda Tempelis
Plaintiff, Agency Case No.: K21002866
Court Case No.: 2021CF000374
vs.

TANYA A. STAMMER
1410 N. 27th Street #J STATE’S MOTION TO EXCLUDE
Milwaukee, WI 53208 Defendant. COERCION DEFENSE
For Official Use

The defendant is claiming the defense of coercion under Wis. Stat. Section 939.46 (2):

(1m) A victim of a violation of s. 940.302 (2) or 948.051 has an affirmative defense for
any offense committed as a direct result of the violation of s. 940.302 (2) or 948.051
without regard to whether anyone was prosecuted or convicted for the violation of s.
940.302 (2) or 948.051.

In order to qualify for this defense, the defendant must make a showing that the

defendant was a victim of human trafficking. In order to do so, the defendant must show that a

commercial sex act was engaged in and that the defendant was forced into committing that

commercial sex act by the following coercive behavior:

a. Causing or threatening to cause bodily harm to any individual.

b. Causing or threatening to cause financial harm to any individual.
c. Restraining or threatening to restrain any individual.
d. Violating or threatening to violate a law.
e. Destroying, concealing, removing, confiscating, or possessing, or threatening to
destroy, conceal, remove, confiscate, or possess, any actual or purported passport or
any other actual or purported official identification document of any individual.
f. Extortion.
g. Fraud or deception.
h. Debt bondage.
i. Controlling or threatening to control any individual's access to an addictive controlled
substance.
j. Using any scheme, pattern, or other means to directly or indirectly coerce, threaten, or
intimidate any individual.
k. Using or threatening to use force or violence on any individual.
l. Causing or threatening to cause any individual to do any act against the individual's
will or without the individual’s consent

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STATE OF WISCONSIN - VS - Tanya A. Stammer

In addition, the defendant must show the homicide she committed was a direct result of

the human trafficking In State v. Kizer, 2022 WI 58, 976 N.W.2d 356, 403 Wis.2d 142 (2022),

the Wisconsin Supreme Court stated

“We hold that an offense is "committed as a direct result" of a violation of the human-
trafficking statutes if there is a logical, causal connection between the offense and the
trafficking such that the offense is not the result, in significant part, of other events,
circumstances, or considerations apart from the trafficking violation.”

In further explaining the “direct result” requirement of the statute, the Court made the following

observations:

1. It is not enough to say simply that because the defendant is a victim of human
trafficking, any offense they commit subsequently must be a direct result of the
trafficking.

2. The offense must bear a logical, causal connection to the underlying trafficking
offense; it must be a direct result of the trafficking.

3. The same threshold applies to § 939.46(1m) as to other affirmative defenses--the

defendant must produce some evidence on which a reasonable jury could find that
the defense applies.

4. The interpretation does not create the kind of blanket immunity for victims of human
trafficking the State fears.

In order to meet the threshold for presenting this affirmative defense, the Court cited State v.

Johnson, 2021 WI 61, 397 Wis. 2d 633, 961 N.W.2d 18 (2021)

We recently described this benchmark as a low bar which only requires the accused to
produce some evidence to support the proposed instruction. Id., ¶16. This standard is
met even if the evidence is "weak, insufficient, inconsistent, or of doubtful credibility."
Id., ¶17 (quoting another source). Furthermore, circuit courts must not weigh the
evidence; rather, the evidence must be viewed in the light most favorable to the
defendant. Id., ¶¶13, 18. The instruction should be given based on this low modicum of
evidence "unless the evidence is rebutted by the prosecution to the extent that ‘no
rational jury could entertain a reasonable doubt.’

The court can require the defendant to disclose the basis for an affirmative defense in a pretrial

motion and rule on it. State v. McClaren, 76 N.W.2d 550, 2009 WI 69, 318 Wis.2d 739 (2009)

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STATE OF WISCONSIN - VS - Tanya A. Stammer

The Defense has not and cannot meet its

burden for a coercion defense in this case.

The evidence in this case – based on statements and texts by the defendant – establishes

that the defendant planned to kill the victim and that the commercial sex act was a pretext for

gaining access to the victim. The killing was not the direct result of sex trafficking but was the

result of “other events, circumstances, or considerations apart from the trafficking violation”. In

this case, sex trafficking was used as a convenient pretext for a pre-planned murder, a thrill

killing and robbery.

The text message between the victim and the defendant which set up the sex act was as

follows:

3/30/21
7:03 AM Brian - U in milwalkee
7:19 AM Tonya - I'll see you later address to storage unit I'll lyk when on way
7:20 AM Brian - How much
7:20 AM Brian - Cum in u
7:20 AM Tonya - $200 normal price
7:21 AM Brian - Can I go bareback
7:21 AM Tonya - Sure
7:21 AM Brian - Cum in u
7:22 AM Brian - U free now
7:23 AM Brian - I live in Kaukauna U wanna come to my place
7:26 AM Tonya - No gas till later today but I'll be there
7:26 AM Brian - where you at now
7:27 AM Tonya - At my apartment in Milwaukee
7:27 AM Brian - U won't come to chilton
7:27 AM Brian - U pregnant yet.
7:28 AM Tonya - I'll be meeting you at storage unit
7:28 AM Brian - what time
7:28 AM Brian - If I get hotel u spend night w me?
7:30 AM Brian - Can I cum in u
7:32 AM Brian - Yes or no
7:32 AM Tonya - This afternoon sure you can
7:33 AM Brian - What if you get pregnant
7:33 AM Brian - U have another women brining you? If so u be interested in 3
sum.?
7:35 AM Tonya - I get pregnant and nope they not interested
7:35 AM Tonya - You can't afford her
7:35 AM Brian - How much for her
7:35 AM Tonya - $400
7:36 AM Brian - Got a pic. of her

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STATE OF WISCONSIN - VS - Tanya A. Stammer

7:37 AM Tonya - Nope

7:37 AM Brian - Why
7:38 AM Tonya - It's just me she dropping me off
7:38 AM Brian - How much for u to spend the night
7:38 AM Tonya - $1500
7:38 AM Brian - Dammit
7:38 AM Brian - U still pregnant
7:39 AM Brian - Wish u were single. I would date u.
7:39 AM Tonya - No
7:39 AM Brian - U single
7:40 AM Tonya - Nope I don't date my clients
7:40 AM Brian - Would she bring you to Kaukauna
7:41 AM Tonya - Yep
7:41 AM Brian - You probably just saying this
7:42 AM Tonya - No I'm not you
7:43 AM Brian - Can you send me a pic of u. Haven't seen u for long time
7:43 AM Tonya - I always come through on my end don't play with me
7:45 AM Tonya - *a file is sent to Brian by Tonya*
7:45 AM Brian - Damn u look great
7:46 AM Tonya - Ty
7:46 AM Brian - Wish you could come now
7:47 AM Brian - What u going to wear?
7:51 AM Brian - Hello
7:52 AM Brian - Guess you busy
7:54 AM Brian - How many times can I cum for 200
7:59 AM Brian - What time you thinking
8:00 AM Brian - Hello
8:02 AM Brian - Guess your mad at me
8:08 AM Brian - U up
8:12 AM Brian - I'll leave you alone then.
8:15 AM Brian - Wish u lived closer
8:20 AM Brian - Hello
8:27 AM Tonya - Wtf I told you to chill I am not always next to my phone I'll be
there around 1
8:28 AM Brian - In Kaukauna
8:29 AM Tonya - Address please
8:29 AM Brian - Come to Kaukauna I'll meet u
8:29 AM Brian - U wear thong or nothing under.
8:34 AM Brian - What u going to wear
8:34 AM Tonya - Really
8:34 AM Brian - What u turn me on
8:34 AM Brian - Wish u could come now
8:40 AM Tonya - Don't worry I'm getting ready to go soon
8:40 AM Brian - What time u think
8:41 AM Brian - U wearing thong
8:42 AM Tonya - I told you already and why does what I wear matter
8:42 AM Brian - Forget then stay home
8:43 AM Tonya - It don't matter what I wear you know how I Feel about that don't
play with me

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STATE OF WISCONSIN - VS - Tanya A. Stammer

8:44 AM Tonya - It don't matter what I wear under my dress you only seeing me
for $200 nothing else
8:54 AM Brian - Just wanted hot wild sex.
8:56 AM Tonya - Then my clothes don't matter
8:57 AM Brian - How wild do u get U never have yet
9:01 AM Tonya - I'm getting ready for the day I'll lyk when I'm on my way I need
an address
9:01 AM Brian - Do u squirt
9:15 AM Tonya - *Incoming phone call from Tonya, not answered by Brian*
9:15 AM Tonya - Address or no more response
9:15 AM Brian - Just stay home something came up
9:15 AM Tonya - You a lie, I still had to come that way
9:16 AM Tonya - Now you playing and it will be the last time you play with my
money
9:16 AM Tonya - I told you I would come to you
9:17 AM Tonya - This why I wouldn't allow another female with you
9:17 AM Tonya - You play way to much
3:27 PM Brian - What u up to
3:28 PM Brian - Had family shit to do
3:29 PM Brian - Guess you mad at me
3:34 PM Brian - Where u at
3:44 PM Brian - Guess I'll leave you alone
3:47 PM Brian - Wish I would have met up w u at 1 today
3:53 PM Brian - Did u want to meet up?
3:54 PM Tonya - address
3:55 PM Brian - How long do I have
4:00 PM Tonya - 1 hr for $200
4:01 PM Brian - You wearing a thong
4:02 PM Tonya - NO STOP ASKING SEND THE ADDRESS SO I CAN HIT THE
ROAD
4:05 PM Tonya - ????
4:06 PM Brian - Hold on
4:13 PM Tonya - I'm coming from Milwaukee so send the addy and I'll head that
way
4:27 PM Tonya - I'm heading to Kaukauna lmk where we meeting
4:28 PM Brian - How long till u get to Kaukauna
4:29 PM Tonya - 2h20 min
4:29 PM Tonya - *sent an attachment to Brian*
4:30 PM Brian - very nice babe, Man wish I could date u
4:35 PM Brian - I hope u get wild..
4:43 PM Brian - U leave already
4:46 PM Brian - So what u wearing under dress
4:51 PM Brian - Jw u on way for sure???
4:55 PM Tonya - Yes on the road now address I already told you
4:55 PM Brian - 114 w division Street
4:55 PM Brian - What time you be here
4:58 PM Brian - Well
5:02 PM Tonya - 60 min
5:02 PM Brian - Thought was 2 hours

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STATE OF WISCONSIN - VS - Tanya A. Stammer

5:06 PM Tonya - My driver is fast

5:06 PM Brian - So around 6?
5:08 PM Tonya - Yes
5:16 PM Brian - I have porch lite on cause there's 2 doors.
5:24 PM Tonya - Okay
5:30 PM Brian - Where u at
5:35 PM Tonya - almost there
5:36 PM Tonya - Another 20 min
5:36 PM Brian - U dance too for me?
5:38 PM Tonya - You paying for that
5:38 PM Brian - How much
5:39 PM Tonya - $150
5:39 PM Tonya - So total would be $350
5:39 PM Brian - I'll think about it
5:40 PM Brian - U going to be wild?
5:40 PM Tonya - Better hurry I'm almost there
5:40 PM Brian - I'm waiting for u
5:42 PM Brian - How long till u get here
5:43 PM Tonya - Yes very much more then you can handle
5:43 PM Brian - Oh baby I can't wait
5:43 PM Brian - I starting new job so after I start I wanna see u more. I
promise
5:47 PM Brian - What time u thinking
5:52 PM Tonya - Which house
5:53 PM Brian - Where u at
5:53 PM Tonya - I'm here
5:53 PM Brian - I'm across from bp gas station
5:53 PM Brian - *Outgoing phone call to Tonya for 00:00:27
5:54 PM Brian - So u in fondy
5:56 PM Brian - So what time u be here
5:59 PM Tonya - Another 48 min
6:00 PM Tonya - I'm on the road now again
6:00 PM Brian - Ok
6:03 PM Brian - Hopefully you still going to be wild
6:22 PM Brian - So what time u thinking
6:38 PM Brian - Where u at
6:45 PM Brian - Hello
6:47 PM Tonya - Just hit Appleton so not long
6:48 PM Brian - What another half hour?
6:55 PM Brian - Hello
6:58 PM Tonya - almost there now
6:59 PM Brian - Time frame
7:04 PM Brian - U in Kaukauna yet
7:05 PM Tonya - Just about
7:06 PM Brian - O man.
7:08 PM Tonya - Here in Kaukauna
7:08 PM Brian - how far away are you
7:09 PM Brian - Hello
7:13 PM Brian - Where u at

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STATE OF WISCONSIN - VS - Tanya A. Stammer

7:13 PM Tonya - I'm right down the road

7:13 PM Brian - What kind of vehicle
7:14 PM Brian - I'm by the door
7:14 PM Tonya - I'll lyk when I'm there I'm still driving
7:17 PM Tonya - I'll pull up and I'll walk up to the door
7:17 PM Brian - I'm by the door
7:18 PM Brian - U lost
7:20 PM Brian - What street u on
7:21 PM Brian - Hello
7:22 PM Tonya - Almost there chill I will walk up to door I see the bp down the
street
7:23 PM Brian - U walking

During time the defendant was setting up this meeting with the victim, she was planning his

murder. Below is a text between the defendant (T) and Donta Payne (D)

3/30/2021 6:49:20 AM(UTC-5):

T- "My mouth hurts hammer. Messaged"
D- "Why yo mouth hurt and wat he say"
T- "This bitch might go crazy same thing he always say"
D- "Fuck him on god"
T- "He will try and see if I'm close. But the fucked up thing is that h"
T- "e expects me to always come to him he won't come to me"
D- "Nah he got us fucked up"
D- "Grace only has 4$ and change on her card gas station on 35th not open I
walked to 41st and they cigarettes 11:50"
D- "We wouldn't have enough if I put everything together"
T- "Why you hang up my call"
D- "5 mins away"
T- "Hurry my love I need you"
D- "Okay baby I need you more"
T - "Ima kill someone ex bitch and this dude"
D - "Here I cum"
T- "Lets go half on a baby"

3/30/2021 5:08:25 PM(UTC-5)

T- "Aim to kill he tried to harm me"
D- "I will baby best believe I gotchu"

3/30/2021 5:10:08 PM(UTC-5)

T- "We heading to his house"
D- "Okay baby"
T- "Break a window to get in and kill him or crazy boyfriend"
D- "Okay baby"
T- "Which way?"
D- "Crazy boyfriend but if he tries to harm u ima kill him"
T- "He finna learn not to play with me"

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STATE OF WISCONSIN - VS - Tanya A. Stammer

D- "On God he is"

T- "We finna kill him today"
D- "Okay I'm down with that baby"
T- "And take everything since he will be dead we got a new truck"
D- "Okay that's a bet baby"
T- "We get the pins for his cards"
D- "Right before we kill him"
T - "Yes he always rough"
D- "Its okay baby I'll take care of dat boo"
T- "So we gone get this right no blood on us I'll stab him"
D- "Okay bet"
T- "If he harms me"
D- "That's right"
T- "Before you come"
T- "Wear the gloves"
D- "Right and okay but I don't have any clothed"
D- "Gloves"
D- "Do grace have any"
T- "Nope"
D- "Damn it's okay"
D- "Does he have cameras"
D- "Cameras?"
The last text was sent 3/30/2021 5:37:16 PM(UTC-5)

Immediately after the killing it was apparent the defendant enjoyed killing the victim and

wanted to kill again.

3/30/21 9:39 PM
T - "We a team we will figure it out together"
D- "Yes we is and yes we will baby"
T- "She throwing the mood off"
D - "I know baby"
D- "Don't let her"
T - "I want more blood"
D- "I know you do baby"
T - "Can we go do a random"
D - "Wym Lol"
D -"Let's smoke then fuck?"
T -"ght bet we can do that too"
D - "Lmao wat did u mean thooo"
T - "Can we go do a random hit"
D - "Sure"
T - "You don't sound to certain"
D -"I am I'm just confused wym by a random hit Bae I'm slow asf rn"
T - "I want another victim"
D -"Oooooh"
D - "Fr u down like dat"
T - "Yeaaaaahhhhhh**"

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STATE OF WISCONSIN - VS - Tanya A. Stammer

D- "Baeeeeee**"
T - "Babbbbbbbbbbbbbbbyyyy"
D- "Luh Babiiiiiiiiiiiiii"
D- "I'll be right out"

It is clear this killing was not the result of human trafficking but was committed because of

“other events, circumstances, or considerations apart from the trafficking violation.” In this

case it was committed as a result of a desire for revenge, robbery and a passion for killing.

After her arrest, the defendant was interviewed and gave many inconsistent statements

including:

(1) She initially stated she had never been to Kaukauna.

(2) She stated she had been in Kaukauna on the date of the shooting but did not leave the
vehicle and that Donte Payne did not leave the vehicle either. She swore on ”her dead
children.”

(3) She stated Grace Roberts was the one who met the victim for sex. She stated she was
aware Grace gave the victim oral sex. She stated Grace had her (Tanya’s) gun and
Grace was in the house for ten to fifteen minutes.

(4) She stated she was not in Kaukauna on the date of the shooting for prostitution.

(5) She stated “I’m a fucking prostitute. I sleep with men for money. I fucking sell drugs for
money. I’ve been to numerous houses, but I don’t remember being at that house, I
really don’t.”

(6) She stated she has never engaged in prostitution in Kaukauna. She stated she only
comes to Milwaukee, Appleton, Neenah or Menasha and sometime Green Bay. She
stated men find her on “Skip the Games.” She sets it to the location she is at during
that specific time but has never used it while in the Kaukauna area.

(7) She then pretended to have multiple personalities and stated her alter ego Kiera did the
killing.
After her denials, she stated she went into the victim’s house and he started getting

rough by grabbing her arms and throwing her to the ground. She stated she got back up and

told him he needed to stop. She then explained that after she got up off the ground, she got

back onto the couch and told him this was going to be the last time and he got upset. She then

pulled the gun out and pointed it at him. She further stated the victim had his hands up and

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STATE OF WISCONSIN - VS - Tanya A. Stammer

was saying he didn't want this to happen. She then told him to get up, which he did. The

defendant said "Get me everything." She explained she wanted it to look like a robbery gone

bad. She wanted him to get shot in the leg, to scare him. While he was standing, the victim

went into the kitchen and went to the cupboard and was told to get a coffee can of money in

the cupboard. She knew about the coffee can prior to going there. The victim then took the

money out of the can and handed it to the defendant. She said she had him touch everything.

The defendant then saw a change jar and told the victim to give her the change jar, which he

did. The defendant then told the victim to get back on the couch and while he was sitting back

down, the victim swatted at the gun, but didn’t knock it out of her hands. The defendant then

backed up a little bit. The defendant said the victim then said, please don't do this, I'm not

going to hurt you again. The defendant then explained those were the victim’s last words. She

then said, "And then, boom and he fell into the couch." When asked how many times she shot

him and she replied, "Once, and I sat there smiling, just like this." She said she never touched

him after she shot him. She continued to explain how she stood and watched him after she

shot him. She said, "I watched him take that last breath. I watched his soul leave his fucking

body.” She stated that Payne was not in the room when she pulled the trigger. Payne came in

shortly after.

The problem with this story is that according to the video from the BP gas station,

which depicts the outside of the victim’s home, Stammer enters the home at 19:24. Payne

gets out of the car at 19:25 and enters the home at 19:26. All of the interaction the defendant

describes with the victim, including the murder, would have had to occur in less than two

minutes.

The second problem is the killing was not the direct result of human trafficking. She

set up the meeting. She planned the killing. She went into the home with the weapon. Even if

her story is believed, the coercion ended when she pointed the gun at him and he begged for

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STATE OF WISCONSIN - VS - Tanya A. Stammer

his life. At that point, killing was not the direct result of human trafficking but was a murder and

robbery.

Toward the end of her interview, the defendant again changed her story and said

Payne killed the victim.

After the defendant was in custody she told another story in an effort to coach a

witness—a friend of hers named Alicia Thomas (referred to as “Bellisima”) to lie under oath.

Thomas was to pretend she was on a video chat with the defendant on the night of the murder

and heard everything. This letter was written to falsely establish that she was a drug addict

being controlled by Payne and Robert. The letter reads as follows:

"Bellisima", "I gotchu on that...I got a huge favor for you. I mean huge like my life
depends on this. Honest to god. you may be able to help me more then you think. Okay
my favor is say we were on video chat the night of the murder I will give you all the
details Names times all that you could be the one to blow my case to pieces. I will feed
you everything that you need to know if you agree to this. I want you to think about this
real hard. If you don't I understand. Well let me know what you're thinking about. I
wouldn't ask anyone else. I trust you tho that's why I am asking. Dont let on one see
this Rip this up + flush it like this never happened. T "with a heart emoji" –

We facetimed at exactly 7:27 P.M. you called me you hear dontae yelling where the
money I heard how you put your hands on her. I have the phone in my pocket so its
dark But you hear everything you hear dontae scream Tanya Get the fuck outta here
you hear me say Dont do nothing stupid you hear him say Tanya Get the fuck outta
here I pull you out of my pocket then you see dontae behind me I reach the door and we
both hear the gunshot. then we are outside we walk across the street you hear dontae
say I followed through with our plan then hear me say you didnt kill him tho? he says
No, shot him in the leg. you hear Grace say we need to have a paper trail give me the
money you witness me hand $240 over to Grace then we drive off we still on the phone
you can tell I'm dope sick we go to a house she gives me on oz of meth then we drive
on the back Roads heading to milwaukee you hear @ witness gracw say that we need
to dispose of the keys and the phone she take us to this dead end street
surrounded by water all 3 get out I can barley move now we get back In drive the
backroads to milwaukee I can barely keep my eyes open we stop at a taco johns then
go to a kwick trip. She gets out then we get to milwaukee and dontae hands me a ball of
Crack we still on facetime you watch me do 5 fat ass lines of meth. Tell them we usually
would Just sit on facetime and Just enjoy eachothers lives.

: "Date March 30th 2021 (Main Face time 7:27) our first call was at the 4/4:30 we was
on the way to meet with a trick. I'm in a tye dye dress yellow/blue. I'm wearing a
reversable brown/white sean John Jacket. Where in a blue old mobile. I'm in the front

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STATE OF WISCONSIN - VS - Tanya A. Stammer

seat dope sick there's a short chunky girl driving (grace) theres a tall skinny nappy
headed (dread head) nigga (dontae/velli) we passing a blunt back and forth
(me@dontae) we sitting on facetime I have you in my airpods but you hear the
conversation. Grace is saying how as soon as I do this Job She set up the sooner I can
get the stuff to make me feel better. She goes on to say how she ordered an OZ this
time. we arrive at this bp gas station I smoke a ciggaerate you hear me say bae I dont
want to do this it doesnt feel right. dontae responds you dont have to do it if you don’t
want to. I am about to finish my ciggerate when Grace goes-n-says Get the fuck out Go
do your Job @ bring me the money. I get out of the car I say call me back in 5 to check
on me. you call me exactly at 7:27 p.m. I answer I look scared I put you in my pocket
dontae is screaming at brian I want your money Keys, Phone, Whats the passcode, I
heard how you put your hands on her look at her you did it again move, sit there, dont
fuckin move.. Tonya get the fuck outta here. I say please dont do nothing stupid (OVER)
#2 - back: he responds with Get the fuck outta here now Tanya. I pull you out as I'm
walking into the kitchen I turn @ walk to the door @we just get to the door when we
both hear the single gun shot I turn @ their's dontae/velli rushing me outta the house we
get across the street I get into the front seat dontae gets into the back seat he looks at
grace @says I followed through with the plan I say did you Kill him? he responds with
no I shot him in the leg. then we start driving we arrive at a house Grace goes in comes
back out with some clothes @ a bag of meth you witness her toss it at me @ say I cant
do none until we get back to milwaukee so we start driving @ grace says we have to
dispose of the phone @ keys i got the perfect spot we go onto this one road single road
in oshkosh we stop @ we right by the water all 3 get out I'm sluggish cause Im dope
sick we are out of the car for 3-5 min. It's dark. I'm by the car we get back into the car @
start driving you see me nod off @ hear me say we need to make a paper trail we pull
into taco Johns she orders then were driving until we stop at a kwik trip grace goes in
dontae says hurry up @ put some in your system I take some out while shes in the
Gas Station you watch me do my line. It's nothing to big you hear dontae say you good
now bae. I nod my head yes. Grace comes out with 5 packs and hands one over to me
to pack while she pumps gas I light one for me to half dontae with I'm coming to life now
she gets back in the car and we drive to milwaukee we get a green dot card and get a
room at the days inn we stop at dontaes mom's house he runs in then comes out like 5
min later with a ball of crack he hands me it we go back to the days inn wheree we go
back to the room. I bring you into the bathroom where I proceed to set my lines up you
go on to Say I'll call you back. We end the call at about 4 am on 3/31/21

The State believes the evidence cited by the defense does not support the defense of

coercion. The defendant was not a victim of human trafficking but was a predator stalking

prey. The intent of the defendant to kill the victim and rob him was established by her well

before she went to his home. She used commercial sex as a pretext to get into the home.

She went to his house voluntarily. She went armed. She robbed him. He begged for his life

and she killed him. This killing was not the direct result of human trafficking, but was the result

of “other events, circumstances, or considerations apart from the trafficking violation.”

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 Case 2021CF000374 Document 203 Filed 12-29-2022 Page 13 of 13
STATE OF WISCONSIN - VS - Tanya A. Stammer

In addition, the State recognizes that weak or inconsistent evidence may form the basis of

a request for a coercion instruction. However, the defendant’s statements about being

trafficked have gone from being merely inconsistent to “inherently or patently incredible, or in

conflict with the course of nature or conceded facts.” Chapman v. State, 69 Wis. 2d 581, 230

N.W. 2d 824 (1975). She has denied being at the scene, denied getting out of the car, denied

going to the victim’s home for prostitution, stated that Grace Roberts was the person who went

into the home of the victim, claimed that she (the defendant) had multiple personalities, stated

she killed the victim, stated Donta Payne killed the victim and attempted suborn perjury to

establish that she was a drug-addled trafficking victim. These statements were made in spite

of the fact the State is in possession of texts establishing that she preplanned the murder and

set up the meeting with him. In addition, after the shooting she stated she “wanted more

blood” and suggested to Donta Payne that they do a random shooting in Milwaukee. The

State requests the court rule that the defendant’s statements regarding being a victim of

human trafficking in this case are inherently and patently incredible and contrary to the

evidence as a matter of law and cannot without support a coercion defense.

cc: Attys. Nelson and Nolan

Date Signed: 12/29/22

Electronically Signed By:
Melinda Tempelis
District Attorney
State Bar #: 1032157

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