APPLETON, WI (WTAQ-WLUK) – A Kaukauna murder suspect wants some of his statements to police disallowed, saying he didn’t knowingly and willingly waive his Miranda rights.
Dontae Payne and Tanya Stammer are charged with first-degree intentional homicide and armed robbery for the death of Brian Porsche at a home on W. Division Street on March 30, 2021.
Stammer wants to argue she was a victim of a sex trafficking at the time of the murder, therefore she should be acquitted of the murder. A judge has not ruled on that issue. Stammer is scheduled to stand trial July 24.
No trial date has been set for Payne.
Officers were expected to testified Friday at a hearing on how Payne’s statements to police were taken. However, because the defense has hired an expert on Miranda issues and their report isn’t completed yet, the hearing was postponed to allow that work to be completed and shared with prosecutors.
The motions hearing has not been scheduled. The defense has two weeks to update the court on when the expert’s report will be completed.
According to the criminal complaint, Payne and Stammer targeted Porsche. The two then tried to make the scene look like a robbery, and tossed his phone and keys into Lake Winnebago.
In Stammer’s case, her attorneys have suggested Payne killed Porsche in self-defense after Porsche attacked Stammer.
