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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

described the trip to

described the trip to see Smykowski’s daughter as a “favor.” The tardy disclosure established that Smykowski had made uncorrected false statements at Mr. Riechmann’s trial. Smykowski had testified that he had not seen the prosecutors or any law enforcement personnel in the three months prior to trial (R. 4143). He also had testified that he asked for no benefit; if the prosecutor wrote a letter to federal parole officials, that was the prosecutor’s choice (R. 4097, 4135). Despite the fact that the State confirmed that aspect of Smykowski’s affidavit about police taking him out of prison to visit his home, Mr. Riechmann was not permitted to depose him to perpetuate his testimony given that he was an unavailable witness. Nor was Mr. Riechmann allowed to introduce Smykowski’s signed affidavit or submit his oral statements into evidence. The allegations made by Veski and Smykowski indicate that Mr. Riechmann’s conviction was obtained by prosecutorial tactics that violated the core values of United States Constitution. Yet, Mr. Riechmann was deprived of the opportunity to present the testimony of these two witnesses to prove his claims. The exclusion of this testimony from a proceeding designed to permit an adjudication of Mr. Riechmann’s constitutional claims must be as unacceptable 10

under due process principles as is the prosecutorial misconduct alleged by these witnesses. A reversal is mandated. STATEMENT OF THE CASE AND FACTS At 10:32 p.m., October 25, 1987, Mr. Riechmann “flagged down” Miami Beach Police Officer Kelley Reid on Indian Creek Boulevard at 67 th Street. He exited his car, heading south, and approached the officer, saying, “Help me! Oh my God! My Girl! My Girl!” Within two minutes, fire rescue medics were at the scene, and tried unsuccessfully to revive the woman strapped in the passenger seat with a bullet hole in the right side of her head. The victim was Kersten Kischnick, Mr. Riechmann’s companion of thirteen years. For the next hour, Mr. Riechmann explained to Miami Beach Police Department (“MBPD”) detectives, in broken English, what had happened. He asked several times to go to the car and see Kersten, but was kept away. At approximately 11:00 p.m., Mr. Riechmann’s hands were swabbed for gunshot residue. His account of the shooting was related with marginal assistance from MBPD Officer Jason Psaltides, who had two years of high school German. Mr. Riechmann said he and Ms. Kischnick had just come from having dinner at Jardin Brasilian at Bayside. They got 11

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