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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

portions

portions of favorable police reports from the trial (PC-R. 6067). Judge Gold also found that the State withheld German witness statements from the defense (PC-R. 6077-78). A new trial was not ordered because those nondisclosures “without more” did not undermine Judge Gold’s confidence in the reliability of the jury’s guilty verdict. In light of the new disclosures, cumulative consideration must be given to those nondisclosures presented in the 1996 proceeding. a. Statements from 37 German witnesses At the 1996 evidentiary hearing, the State admitted to withholding numerous witness statements taken in Germany prior to trial (PC-R. 5505, 5508, 5513). 83 Judge Solomon was provided the statements in camera at the time of trial. Judge Solomon said he considered the documents to be good mitigation because they dealt with the relationship between Mr. Riechmann and the victim. But this “relationship” information was also significant because it was precisely the evidence Mr. Carhart needed to rebut the State’s evidence of motive at the guilt 83 This Court concluded that prejudice was established at the penalty phase, and ordered that the statements be turned over to Mr. Riechmann for use at his new sentencing proceeding. However, these witness statements are now “lost.” 92

phase. Motive was a guilt phase issue. 84 In 1996, Judge Gold found that the statements were wrongfully withheld from the defense, but he did not find confidence in the guilt phase verdict undermined by the Brady violation (PC-R. 6069). However, in 2002, Judge Bagley failed to consider the nondisclosure of these statements and conduct an evaluation of the cumulative effect of all of the nondisclosures. b. Police report from Detective Trujillo Portions of Detective Trujillo’s police report containing statements that were favorable to the defense were redacted from the report provided to trial counsel (PC-R. 5482-5489). The redactions were relevant to the blood-spatter analysis presented by the State at trial. The complete 11/2/87 police report of Detective Trujillo detailing the height of the window opening through which the fatal bullet passed was introduced at the 1996 hearing (Def. Ex. AA). The redacted paragraph said: 84 The State repeatedly argued that the names of the witnesses and a summary of their statements was disclosed in the deposition of Benard Schleith from the German Police. This argument is contrary to the record (R. 755). Based on correspondence from the U.S. Attorney on behalf of the prosecutor’s office, the statements were provided to the prosecution team because of their probative value as to Mr. Riechmann’s motivation, an issue at the guilt phase (PC-R. Def. Ex. LL). 93

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