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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

HEARING. THE CIRCUIT

HEARING. THE CIRCUIT COURT’S ACTIONS DEPRIVED MR. RIECHMANN OF DUE PROCESS AND A FULL AND FAIR PROCEEDING.55 A. Ex Parte ....................55 B. Judicial Investigation Outside the Record ....58 C. Reliance on Matters on Which No Evidence Was Presented ........................62 ARGUMENT IV MR. RIECHMANN WAS DEPRIVED OF HIS RIGHT TO A CONSTITUTIONALLY ADEQUATE ADVERSARIAL TESTING WHEN THE STATE WITHHELD EVIDENCE WHICH WAS MATERIAL AND EXCULPATORY IN NATURE AND/OR KNOWINGLY PRESENTED FALSE OR MISLEADING EVIDENCE AND/OR ARGUMENT AT HIS CAPITAL TRIAL. .....64 A. Introduction ...................64 B. Failure to disclose favorable evidence and/or false testimony ....................68 1. The Undisclosed Contact With Smykowski ..68 2. The Undisclosed “Favor” ..........70 3. The Undisclosed Letter Requesting Assistance 73 4. The Reward Money ..............75 5. Hilliard Veski ...............77 6. Walter Smykowski ..............78 7. “Kool” and the Brown Impala .........81 8. Evidence Previously Presented in 1996 ...82 a. Statements from 37 German witnesses ..83 b. Police report from Detective Trujillo . 84 c. Police reports of Detective Hanlon ...85 d. 1996 evidence regarding Smykowski ...86 e. Other undisclosed evidence presented in 1996 iii

...................89 C. The Circuit Court Misstated and Misapplied the Law 90 ARGUMENT V NEWLY-DISCOVERED EVIDENCE SHOWS THAT MR. RIECHMANN IS INNOCENT ..............92 A. Doreen Bezner ...............92 B. Donald Hugh Williams ............96 C. Circuit Court’s Faulty Analysis ......97 D. Conclusion ................ 100 CONCLUSION ....................... 100 CERTIFICATE OF SERVICE ................. 101 CERTIFICATE OF FONT ................... 101 iv

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