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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

of the

of the prosecutorial misconduct. The exclusion of Officer Veski’s testimony on grounds that it was of “absolutely positively no relevance” to Mr. Riechmann’s Brady/Giglio claims constitutes reversible error. The denial of Rule 3.850 relief must be reversed and remanded. ARGUMENT II MR. RIECHMANN WAS DEPRIVED OF HIS RIGHTS TO DUE PROCESS AND EQUAL PROTECTION AND DENIED ACCESS TO THE COURTS WHEN THE CIRCUIT COURT REFUSED TO PERMIT A DEPOSITION TO PERPETUATE TESTIMONY TO BE CONDUCTED IN ORDER TO ALLOW MR. RIECHMANN THE OPPORTUNITY TO PRESENT THE TESTIMONY OF WALTER SMYKOWSKI, AN UNAVAILABLE WITNESS, OR ALTERNATIVELY TO ALLOW THE INTRODUCTION OF SMYKOWSKI’S AFFIDAVIT IN WHICH HE ASSERTED THAT IN EXCHANGE FOR THE PROMISE OF CONSIDERATION HE PROVIDED FALSE TESTIMONY AT MR. RIECHMANN’S TRIAL. On November 12, 2000, Mr. Smykowski executed an affidavit in which he stated: 1. I am Walter Smykowski, Florida Driver’s License Number S647-346-38-247-2, issued in the name of Waldemar Smykowsky, expiry date 09.08.04. I was contacted in January, 1988 to testify against a fellow inmate named Dieter Riechmann. I met Dieter Riechmann in November 1987 whilst incarcerated in the Federal prison, MCC, in Miami. 2. For about two months, I shared a cell with Dieter Riechmann. 3. At that time, Dieter Riechmann was in MCC on gun charges. Later, I learned that he had was acquitted on those charges, but was again arrested. This time on charges that he had killed his girlfriend in Miami in October 1987. 50

4. Dieter and I spent a lot of time together. Most of the time we played chess as Dieter was a good chess player. 5. Dieter once told me that his girl friend was shot when he was driving a car, got lost and wanted to ask some black guy for directions. 6. Besides that, Dieter never talked about this incident, not to me, nor to anyone else. 7. Around January 1988, a fellow inmate, Bob Stitzer, approached me and talked to me about the possibility of being a witness against Dieter Riechmann. 8. Bob Stitzer offered me his contacts with law enforcement agencies and told me that he would help me cut down my ten-year sentence. 9. A few days later, still in January, I was contacted at the MCC by Sergeant Joe Matthews and Bob Hanlon of the Miami Beach Police Department. 10. Matthews and Hanlon asked me to help them in the case against Dieter Riechmann and promised to help me in my federal case. 11. I agreed to cooperate and one day later was sent to the prison in Eglin Air Force Base. 12. There, about three weeks later, I had another visit, this time from Joe Matthews accompanied by a prosecutor called “Betty”, her real name being Beth Sreenan. 13. For several hours, she talked to me in order to prepare me for my testimony against Dieter Riechmann. 14. Around April 1988 I was brought back to Miami and stayed some weeks in a low security prison, the Sheriff’s Department correctional center. 15. There I met Bob Stitzer again. 51

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