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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

State’s knowing presentation of false evidence. The evidence presented in 1996 and in 2002 must be evaluated cumulatively, but the circuit court failed to conduct this analysis. This Court should order a new trial. 5. Newly discovered evidence establishes that Mr. Riechmann would probably be acquitted. Doreen Bezner testified that she witnessed the shooting, which was committed by two black men and not by Mr. Riechmann. Donald Williams testified that for about a week after the murder, he heard people talking about someone being killed during a failed robbery. The circuit court erroneously concluded that this testimony would not probably lead to an acquittal and failed to conduct a cumulative analysis. This Court should order a new trial. ARGUMENT I THE CIRCUIT COURT ERRED AS A MATTER OF LAW IN REFUSING TO PERMIT MR. RIECHMANN TO PRESENT THE TESTIMONY OF HILLIARD VESKI IN SUPPORT OF HIS BRADY/GIGLIO CLAIMS. THE CIRCUIT COURT’S ACTION WAS TANTAMOUNT TO A SUMMARY DENIAL OF ANY CLAIMS PREMISED UPON VESKI’S TESTIMONY. Former Miami Beach police officer Hilliard Veski swore in an affidavit that he was pressured by the State to testify falsely regarding his inventory of Mr. Riechmann’s rental car and the location of evidence within the car. A month after 44

conducting the inventory of the rental car, Officer Veski was accused of usage of illegal drugs and placed upon administrative leave. According to Veski, prosecutor-Sreenan made it very clear that things would go better in his own case if he would testify at Mr. Riechmann’s trial in the manner she directed. 41 Based upon the information provided by Officer Veski, Mr. Riechmann argued that his due process rights were violated by the State’s knowing efforts to present false or misleading evidence, to intentionally deceive the defense, and to withhold favorable evidence from the defense (Supp. PC-R2. 62- 41 Veski’s claim has support in the record. After his July 7, 1987, deposition, he advised Mr. Riechmann’s counsel that his testimony regarding the location of a flashlight in the trunk of the rental car was false. He had been pressured to provide the false testimony because it made the flashlight a significant piece of evidence against Mr. Riechmann. Veski did not advise counsel who had pressured him (PC-R. 5662). After Veski’s confession to trial counsel, the State did not call him as a witness at Mr. Riechmann’s trial. The flashlight lost its significance as evidence. The State then turned to Rhodes and his examination of the plaid blanket. It was only after Veski exploded the flashlight evidence that Rhodes suddenly concluded that there were invisible specks of blood on the plaid blanket. But in introducing the blanket, the State decided that it was unnecessary to call Veski as witness even though he was the officer who had collected the blanket from the car. The State was permitted over the defense’s objection to introduce the blanket into evidence without calling Veski to identify the location of the blanket when it was collected as evidence (R. 3282). Moreover, Mr. Carhart was not provided with Veski’s handwritten notes of the location of all the evidence that he had collected from the rental car. 45

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