Pedro has continually denied that "Slim" had anything to do with these crimes. The state also offered another letter into evidence which had been written by Martin to Pedro when he was in jail in February 1981 for another offense. Pedro identified the letter and read it into the record. The letter asked Pedro to lie for Martin and to implicate someone else for the commission of the offense for which Martin was charged. Pedro admitted lying for Martin pursuant to the letter in the previous trial for the other offense. Finally, Antoinette Henderson testified that she lived with Pedro for about five or six months until the middle of December 1982. During December she heard Martin say he was going to rob Robinson's store. Martin threatened her with a gun, warning her that she had better not tell anyone of his plan. During the trial the defense presented no witnesses, but sought to introduce into evidence written statements of Pedro and Henderson. The court denied this request finding the written statements were not inconsistent as alleged by the defense. The jury found Martin guilty of the aggravated robbery of Ernel Foster and of the aggravated robbery and aggravated murder of Robert Robinson with the specification of being the principal offender of the aggravated murder while committing or attempting to commit aggravated robbery. After the mitigation hearing was conducted, the jury recommended that he receive the death penalty. Although Martin's appeals centered on his arrest and his claim of ineffective assistance of counsel, he also attempted to introduce evidence of his innocence. E.J. Rieves-Bey lived across the street from the victim's store and witnessed someone running away from the scene after hearing shots fired. Within two weeks of the killing, he gave a statement to the Cleveland police describing the man he saw fleeing as 5'10" and 170 lbs, roughly matching Martin. Approximately a month later, he told a court-appointed investigator that the man was "About six foot, two maybe three . . . Maybe about 180, 200 pounds." He also stated, "I know he's taller than Ernest Martin, and Ernest Martin is smaller, way smaller." The State subpoenaed Rieves-Bey to testify, but he arrived just as jury deliberations began. The State sought to reopen its case and present the testimony of Rieves-Bey. The defense successfully objected, and deliberations continued. At the hearing on Martin's motion for a new trial, Rieves-Bey described the man he saw fleeing from the scene as "about six foot, 200 pounds." He also stated that the man was wearing "a black coat, and a brown mask and sort of a hat."