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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

husband told her that he

husband told her that he was eligible for “some kind of monetary benefit due to his testimony” (PC-R2. 157). Upon learning this information, Mr. Riechmann moved to depose Ms. Schaefer, Mrs. Smykowska, assistant state attorney Vogel and records custodian Charles Rosales (PC-R2 145). The circuit court only granted leave to depose Ms. Schaefer (PC- R2. 1249). After Ms. Schaefer was deposed, Mr. Riechmann amended his post-conviction motion on September 14, 2001, to include claims of Brady and Giglio violations, newly- discovered evidence of innocence, and violations of due process (PC-R2. 22-124). While investigating the Schaeffer letter, Mr. Riechmann continued to look for Walter Smykowski, who had absconded from federal parole shortly after Mr. Riechmann’s trial in 1988. Previous counsel and the U.S. Marshall Service had been unable to locate Smykowski, who was wanted on a federal parole violation in the United States. Counsel learned that the German journalist had found Smykowski in Dubai, United Arab Emirates (UAE), and that he had granted an interview and signed an affidavit about his testimony in Mr. Riechmann’s case (PC-R2. 463-468). Counsel traveled to Dubai to personally interview Smykowski. She verified that he was the same person who had 28

een the jailhouse informant at trial and that he had executed an affidavit in which he revealed that he had been promised and received previously undisclosed benefits in exchange for his testimony against Mr. Riechmann. Counsel sought to perpetuate the testimony of Mr. Smykowski by deposing him in Dubai and introducing the deposition at the evidentiary hearing (PC-R2. 463). However, the State objected (PC-R2. 466), and the motion was denied (PC-R2. 15). 28 A Huff hearing was held on October 19, 2001 (PC-R2. 1271- 1313). Judge Bagley denied the motion in part, and granted an evidentiary hearing on the newly-discovered evidence of innocence and the Brady/Giglio claims. On November 1, 2001, Mr. Riechmann filed a Motion for DNA Testing of the blanket on which the State purportedly found blood (PC-R2. 379-424, 1293, 1299). On November 20, 2001, the state opposed any DNA testing stating that testing would not exonerate Mr. Riechmann (PC-R2. 439-444). The judge granted the DNA motion on April 9, 2002 (PC-R2. 520-521). On April 18, 2002, the State provided the defense with an amended witness list. After listing the names of ten 28 Subsequently, other witnesses were permitted to testify by telephone: prosecutor Catherine Vogel, former Miami Beach Police detective Robert Hanlon, and Deborah Schaefer, daughter of Smykowski. (PC-R2. 1695, 1684, 1579). 29

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