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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

witnesses, the document

witnesses, the document provided: “11. Mr. Smykowski was taken to visit his family by Detectives Hanlon and Matthews and one of them paid for chicken” (PC-R2. 1324-25). Thus, the State conceded that Smykowski had been granted favors by the Miami Beach Police Department detectives before trial (PC-R2. 1345-1346). The State admitted that this information had not been disclosed to Mr. Riechmann before April 18, 2002. The evidentiary hearing was conducted on May 23, May 31, and July 11-12, 2002 (PC-R2. 17-20). At the hearing, Detectives Hanlon and Matthews confirmed that Smykowski, while housed in the Dade County Stockade waiting to testify, had been taken out of jail to see his eight-year-old daughter at her residence (PC-R2. 1674, 1687). Hanlon testified that they had received a message from Smykowski that he wanted to talk to them (PC-R. 1686). Smykowski “wanted to see his daughter who lived in North Miami and we took him out and brought him to his house. His mother-in-law was there. His daughter was there and we spent a few hours with him and then returned to Dade County Stockade” (PC-R2. 1686). Hanlon explained why he granted this request: “We thought it would be a good gesture. We took him out. We bought a bucket of Kentucky Fried Chicken, brought it to his house. Him, his mother-in-law and daughter ate it” (PC-R2. 1687). The trip was “a favor for 30

[Smykowski]” (PC-R2. 1691). Hanlon knew that at the time Smykowski was serving a federal sentence (PC-R2. 1688). Hanlon testified that he might have told prosecutors what they were doing, but he did not recall (PC-R2. 1687). Detective Matthews testified that after receiving a message that Smykowski wanted to speak with him, he and Hanlon signed Smykowski out of jail and took him to the police station “to conduct an interview” (PC-R2. 1669-70) because “the atmosphere of that detention center is not conducive for interviewing” (PC-R2. 1670). Matthews testified, “I know we had talked at the police station. If more than once or twice or three times, whatever it was, I personally think it was twice, but I’m not sure” (PC-R2. 1671). 29 Matthews said, “the interview would have been at the Miami Beach police station.” However, Matthews had no recollection of what was discussed. “I mean, I really don’t recall” (PC-R2. 1672). Matthews testified that afterwards, “[w]e ended up at a house that was occupied by a woman, I believe he identified as his mother-in- law and a child he identified as his daughter” (PC-R2. 1672). This was at Smykowski’s request (PC-R2 1673). Smykowski was not handcuffed (PC-R2. 1673, 1688). Matthews testified that 29 Hanlon testified that he thought “we went right from the detention center where he was housed to the house in North Miami” (PC-R2. 1689). 31

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