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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

(PC-R. 1631). 39

(PC-R. 1631). 39 Williams remembered “people in the bar were talking about” the shooting that took place at 63 rd and Biscayne (PC-R2. 1633). Mr. Riechmann’s investigator located Williams, a homeless man, in January or February of 2002 (PC-R2. 1711). Through Williams, Mr. Riechmann’s investigator was able to locate Doreen Bezner, who was also homeless, and learn of her account of the shooting (PC-R2. 1712). The State presented no rebuttal witnesses. Judge Bagley issued an order denying all relief on February 28, 2003, although the DNA testing had still not been completed (PC-R2 1120-1141). On that same date, Mr. Riechmann filed a motion to compel DNA testing and a motion for the circuit court to retain jurisdiction over the DNA motion (PC- R2. 1142-1146). The motion was granted and another order for DNA testing was entered (PC-R2. 1147-1148). 40 On March 2, 2003, counsel received a letter dated February 27 th from the State Attorney’s Office. In this letter, the State noticed Mr. Riechmann that Judge Bagley had 39 Williams knew Doreen’s boyfriend as Mark Dugan, while she testified that she knew him as Mark Gray. Donald Williams and Doreen Bezner knew each other and knew Doreen’s boyfriend, Mark, who had been in a wheelchair for a number of years at the time of their testimony (PC-R2. 1630, 1649). 40 As of this date, no DNA testing has been done. 40

asked the State to provide him the depositions of several defense witnesses who had testified at the evidentiary hearing. These depositions had not been introduced into evidence and were not part of the record before Judge Bagley (Supp. PC-R2. 75-82). The letter revealed ex parte contact between the judge and the prosecution while the order denying relief was being prepared. In light of the letter, counsel further investigated and learned that Judge Bagley had worked in the Dade County State Attorney’s Office in 1988 with prosecutors Beth Sreenan and Kevin DiGregory during the time of Mr. Riechmann’s trial. In fact in the order denying relief, Judge Bagley relied upon internal state attorney policies from 1988 that no one had testified regarding. As a result of the State’s letter, Mr. Riechmann filed a Motion to Get the Facts on March 10, 2003 and a Motion to Disqualify on March 11, 2003 (Supp. PC-R2. 75-82; 83-88). A motion for rehearing was filed on March 17, 2003 (Supp. PC-R2. 119-134). The motions were all denied on April 15, 2003 (PC-R2. 1178, 1179, 1180, 1181). Mr. Riechmann immediately filed a notice of appeal and a motion to stay the resentencing until an appeal could be taken to this Court (PC-R2. 1182). Judge Bagley denied the stay and ordered the resentencing to occur 41

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