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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

Smykowski was grateful

Smykowski was grateful and thanked him (PC-R2. 1675). Matthews “d[id]n’t recall the other two trips. I am just, for some reason, I believe we signed him out more than once” (PC- R2. 1677). 30 A friend of Smykowski, John Skladnik, testified that he was visiting Smykowski’s mother-in-law and Deborah Smykowski (Schaeffer) when he saw Smykowski and two men walking up the sidewalk toward the house (PC-R2. 1603-04). “They looked like they did not want me around and I left” (PC-R2. 1603). Ms. Schaeffer testified that when she was eight years old, she saw her father on one occasion while she was staying with her grandmother (PC-R2. 1581). Her father was accompanied by two or three men (PC-R2. 1581). She testified that she did not believe her father was handcuffed (PC-R2. 1581). From what she was told, her mother placed a collect call to the house while her father was there (PC-R2. 1582). Ms. Schaeffer also testified about her letter to the State Attorney’s Office inquiring about reward money for her father’s testimony against Mr. Riechmann (PC-R2. 1585-86). 30 At trial, Smykowski testified that he had asked for no benefit in exchange for his testimony. He testified that he had no contact with either the prosecution or law enforcement from the time they saw him at the federal facility at Eglin Air Force Base in March, 1988, until meeting with DiGregory the day before he took the stand to testify (R. 4142-43). 32

The letter had been written at her mother’s request and was premised upon information she gathered exclusively from her mother (PC-R2. 1586). Ms. Schaeffer testified that her mother had remembered that Smykowski had told her about getting “insurance money” as a result of his testimony against Mr. Riechmann (PC-R2. 1587). Mr. Carhart testified that he discovered during Robert Stitzer’s deposition in April, 1988 that Stitzer had been talking on the phone with Smykowski’s eight-year-old daughter. When Smykowski first contacted the State to give evidence against Mr. Riechmann the communications had been through Stitzer (PC-R2. 1679). Mr. Carhart wanted to learn more about this phone contact, but prosecutor Sreenan objected to any of Mr. Carhart’s efforts to discover the nature of the relationship between Stitzer and Debbie Schaeffer and instructed Stitzer not to answer the questions. In 2002, Sreenan testified that she did not feel the inquiry was relevant, and she was trying to protect the location of Smykowski’s daughter (PC-R2. 1358-1359). 31 Sreenan testified that she had received a letter from Smykowski dated March 27, 1988, in which he asked her for assistance in 31 Yet, Smykowski showed no such hesitation in his May, 1988, deposition when he testified that his daughter was then living with his mother-in-law (PC-R2. 1363-64). 33

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