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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

Riechmann was not

Riechmann was not strong. 93 An indictment could not be obtained without Smykowski, and the State has conceded that Smykowski was crucial to the conviction. For a case to rest on the testimony of a confidence man, convicted of 17 counts of federal fraud, speaks loudly. Given the nature of the withheld evidence and the uncorrected false testimony, due process demands that Mr. Riechmann be granted a new trial. ARGUMENT V NEWLY-DISCOVERED EVIDENCE SHOWS THAT MR. RIECHMANN IS INNOCENT Newly-discovered evidence of innocence warrants a new trial where it establishes that had the jury known of the new evidence it probably would have found a reasonable doubt as to the defendant’s guilt and thus acquitted. Jones v. State, 591 So. 2d 911 (Fla. 1991). Here, the new evidence of innocence evaluated cumulatively with the other evidence presented at the 1996 and 2002 evidentiary hearing establishes that confidence is undermined in the guilty verdict. State v. Gunsby, 670 So. 2d 923 (Fla. 1995). Mr. Riechmann’s conviction cannot stand. 93 Even Ms. Sreenan admitted on a national television program that “Kevin [DiGregory] and I pretty much felt we had lost the case” (PC-R. 238). 102

A. Doreen Bezner Doreen Bezner was not located by defense counsel until early 2002 (PC-R2. 1745). Ms. Bezner lived with a pimp and drug dealer, Mark Gray, in October of 1987, at the time the crime (PC-R2. 1640). Mark Gray sold drugs on Biscayne Boulevard in Miami. She remembered it was October, 1987, because it was shortly after she had left her kids and moved to Miami (PC-R2. 1641, 1652). Ms. Bezner testified that she saw Mr. Riechmann and Ms. Kischnick on the day of the incident at a Denny’s Restaurant at 79 th and the expressway. They were meeting Mark Gray (PC- R2. 1643). She described Ms. Kischnick as “blond” with a “lot of gold” [jewelry] and a “nice ass.”(PC-R2. 1643). Mr. Riechmann’s hair was a “bleach kind of job” (PC-R2. 1653). Ms. Bezner saw the woman get out of the car and talk to Gray, but she was not privy to the conversation because she was not allowed to be involved with Gray’s business (PC-R2. 1649). She assumed they were discussing a heroin deal because Gray sold heroin, but she did not know what was said (PC-R2. 1646). After the meeting, Gray told her that they, Mark and Doreen, “didn’t have to work no more.” (PC-R2. 1654). On the evening of the murder, Ms. Bezner saw the same two people she had seen earlier. They drove a car to 62 nd and 103

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