Prosecutors did not withhold key to video evidence in 2006 KC murder, judge rules
A Jackson County judge denied a motion Thursday to vacate the murder conviction of a Raytown man after finding no evidence that prosecutors failed to provide full access to a surveillance video that he argued showed him killing a man in self-defense.
The case stems from a 2006 shooting that left one man dead and injured another. Sylvester R. Sisco II was charged after the killing and was found guilty in 2009 of first-degree murder, first-degree assault and two counts of armed criminal action.
Sisco, 36, who is serving a life sentence in state prison, had argued earlier this year that prosecutors failed to give the defense the surveillance video of the killing in a viewable format so it could be scrutinized.
Sisco also argued the guilty verdict was based on false testimony from the state’s expert witness and that other pieces of evidence were withheld, including documents about a stolen firearm and the criminal histories of the victims.
On Thursday, Jackson County Judge Joel Fahnestock sided with the state, writing Sisco’s defense attorney at the time, Dan Ross, was provided the video and had access to the video players, and that the brightness and contrast of the video were adjusted for the defense during the trial.
The judge also denied Sisco’s other allegations of prosecutorial misconduct and claims of withheld evidence.
“Trial counsel knew the video existed,” the judge said. “He had copies of all the clips. He had the players. If he could not play the videos, he could have availed himself to the Court to seek relief. In any case, the State played the videos for him and assisted him in every request to find whatever timeframe or scene he wanted to see on the video.”
The video in question showed brothers Sylvester and Anthony Sisco arguing with Jacob Higgs and Reno Dillard at Filling Station Restaurant and Lounge in south Kansas City in the early morning hours of Oct. 16, 2006.
At one point, an AR-15 can be seen lying on a drink railing. Later, Higgs picked it up and carried it over to where Dillard was sitting on the pool table, near the other men.
The video showed Anthony Sisco firing a gun, while images of the second shooter were less clear.
Anthony Sisco, arguing self-defense by using the video, was later acquitted. His attorney had argued that the rifle was being brandished at him before shots were fired.
Ross told The Star in April that Sisco could have made a similar self-defense claim if his lawyer had been given full access to the video.
Sisco’s post-conviction attorney, Nicole Forsythe, told The Star in an email she expects her client will appeal Thursday’s judgment.