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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

16. We lived together in

16. We lived together in a trailer. 17. Although I had nothing to accuse Dieter Riechmann of the policemen and Beth Sreenan asked me to give false testimony. 18. On many occasions Kevin Di Gregory, the main prosecutor, and Beth Sreenan prepared me for testimony. 19. When I testified during the trial that Dieter Riechmann was happily dancing in our cell because he was a millionaire now, it is not true. 20. Beth Sreenan asked me to use these words. 21. Also I never asked Dieter Riechmann why he killed his girlfriend. So the testimony that I asked him and that he turned “pale like a white wall” is also not true. It was Mrs. Sreenan who put those words into my mouth and asked me to say this in court. 22. For my testimony against Dieter Riechmann, the police and the prosecutors not only promised me help in my federal case, but they offered me money to the extent of US$30,000 (thirty thousand dollars) once the case was over and Dieter Riechmann was convicted and sentenced. 23. The month before trial I was able to leave the prison and nearly every day I was taken to my home by Bobby Hanlon and/or Sergeant Matthews. They invited me for dinner many times and I could have any quantity of alcohol. At this time I went home drunk to our trailer nearly every day. 24. As I understand, prosecutor Kevin Di Gregory always gave a special permission for me to leave the prison. 25. After I had testified against Dieter Riechmann the police and state attorneys did not keep any of their promises towards me. I was only 52

eleased from prison after five years. 26. Although promised, I never received any money for my help. 27. Early November 2000, I was contacted by telephone by German journalist Peter F. Mueller who told me that he was investigating the case of Dieter Riechmann. 28. Mr. Mueller explained to me that he wanted to talk with me about my testimony in the Riechmann case and I agreed to talk to him when he offered to visit me in the United Arab Emirates. 29. Mr. Mueller has never offered me any inducement whatsoever for talking to him. 30. On November 12, 2000 I agreed to a video and audio taped interview about my involvement in the Riechmann case. 31. I told Mr. Mueller the truth about my false testimony against Dieter Riechmann. 32. I am coming forward now with the truth because I feel guilty towards Mr. Riechmann. Signed Walter Smykowski (Supp. PC-R2. 46-48). Accepting these statements presented in Mr. Riechmann’s Rule 3.850 motion as true, Smykowski received consideration for his trial testimony. He was promised additional consideration in exchange for testifying falsely at trial when he denied either receiving a benefit or the expectation of a reward. He also testified falsely that Mr. Riechmann had made incriminating statements or engaged in incriminating conduct. According to Smykowski, his testimony 53

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