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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

knew that she had been

knew that she had been Mark Dugen’s girlfriend (PC-R2. 1631). 94 Williams testified that he had not been contacted before 2002 (PC-R2. 1629). Williams admitted to having a substance- abuse problem and had undergone in-patient treatment for substance abuse (PC-R2. 1634). C. Circuit Court’s Faulty Analysis At the end of Williams’ testimony, defense counsel attempted to proffer Williams’ deposition taken by the prosecution two days earlier (PC-R2. 1638). The State objected and the court refused to permit a proffer: (PC-R2. 1638). 95 MS. BACKHUS: So I can’t proffer it? THE COURT: I think I already heard the questions I need to hear from the testimony that’s been elicited, and your cross examination, redirect. I made my notes. I don’t need it. Thank you. 94 Williams knew Doreen’s boyfriend as Mark Dugen, while she testified that she knew him as Mark Gray. It is hardly surprising that a drug dealer/pimp would use different names in order to elude law enforcement. 95 After Judge Bagley rendered his opinion denying relief, Mr. Riechmann received information from the prosecution that Judge Bagley had attempted to get the depositions of Ms. Bezner and Mr. Williams by calling the State Attorney’s Office, even though the depositions were not admitted into evidence (Supp. PC-R2.75-82). Mr. Riechmann immediately filed a Motion to Get the Facts in order to determine whether ex parte contact had occurred between the prosecution and the judge (Supp. PC-R2. 75-82). Mr. Riechmann then filed a Motion 108

In his order, Judge Bagley found that had the jury heard the testimony of Doreen Bezner and Donald Williams it probably would not have acquitted Mr. Riechmann at trial (PC-R2. 1132). 96 However, he never engaged in the cumulative analysis that is required for a newly discovered evidence claim. Gunsby. 97 Judge Bagley did say that Ms. Bezner’s testimony was inconsistent with the descriptions of Ms. Kischnick and Mr. Riechmann, the trial testimony of Mr. Riechmann and the evidence presented at the two evidentiary hearings (PC-R2. 1132). These statements are wrong. Ms. Bezner identified in open court the actual photographs of both Ms. Kiscnick and Mr. Reichmann (PC-R2. Def. Ex. F). She could not identify Mr. Riechmann in open court which is not unusual in that fourteen years have passed to Disqualify the Judge which was denied (Supp. PC-R2.83-88). 96 Judge Bagley referred to the fact that Ms. Bezner and Mr. Williams were drug users who had been convicted of nonviolent crimes to discount the veracity of their statements (PC-R2. 1130-32). At trial, however, jurors were urged by prosecutors to believe Walter Smykowski, a federal inmate who had been convicted of seventeen (17) counts of fraud (which is a crime involving dishonesty) and had a clear motive to lie (R. 5083-5088). 97 Judge Bagley did find that counsel had been diligent and could not have previously found Doreen Bezner and Donald Williams (PC-R2. 1131). 109

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