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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

after that” (R. 2886,

after that” (R. 2886, 3129). 14 Dozens of acquaintances were questioned. Bank accounts and safe deposit boxes were examined. Life insurance policies, in existence from the 1970's, were obtained. During November and December of 1987, while Mr. Riechmann awaited federal trial, the State rushed to obtain enough probable cause to charge him for Ms. Kischnick’s murder the moment he was acquitted in federal court. However, German authorities were falsely told that Mr. Riechmann was already charged with murder; this falsehood was necessary to obtain search warrants in Germany (PC-R. Appendix 85, 11-12. Appendix 83). 15 Mr. Riechmann remained in federal pretrial custody until December 29, 1987, when his two-day federal trial began. Two of the three counts were dismissed by Judge James W. Kehoe because gun shop witnesses were unable to identify that any crime had been committed. A federal jury acquitted Mr. Riechmann of the third charge, seemingly for the same reason. 14 Searches in Germany were also conducted on January 14, 1988 with prosecutor DiGregory present, and on February 2 nd , 14 th and April, 1988 with prosecutor Sreenan present (R. 2887). 15 German courts subsequently determined that most of the searches conducted in Germany had been conducted illegally. However, Judge Gold concluded that the prosecutors were unaware that a German court had ordered the evidence suppressed (PC-R. 6067). 14

When Mr. Riechmann left federal court on December 30, 1987, he was arrested by MBPD detectives for the murder of Ms. Kischnick. The State at that point had 21 days to indict him. On January 11, 1988, Detectives Matthews and Hanlon met with Walter Smykowski who had been incarcerated with Mr. Riechmann during his federal pre-trial incarceration at MCC (PC-R2. 1667). Smykowski told Matthews and Hanlon of incriminating statements that he claimed Mr. Riechmann had made to him at MCC. Smykowski had been convicted on 17 counts of fraud in federal court (R. 3984). He had commenced serving a ten-year sentence on September 30, 1987; yet, he continued to be held at MCC until the day after giving his statement to Matthews and Hanlon (R. 3971). Another federal inmate, Robert Stitzer, an informant for a prosecutor he refused to name and who had testified before a grand jury regarding a secret investigation, had contacted authorities on Smykowski’s behalf (Stitzer 4/15/88 deposition at 14). 16 16 During Stitzer’s deposition, Ms. Sreenan objected to questions designed to elicit information regarding Stitzer’s activities as an informant and instructed Stitzer that he could refuse to answer the questions (Stitzer 4/15/88 deposition at 14-15, 26-27, 79). When Stitzer indicated that he had been incarcerated at MCC for 37 months because he had been brought there on a “writ” to “testify,” Ms. Sreenan indicated that she objected to further questioning because “I believe it’s a pending investigation, I’m not sure” (Stitzer 4/15/88 deposition at 14). 15

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