Views
5 years ago

Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

testimony. 1. The

testimony. 1. The Undisclosed Contact With Smykowski At trial, Walter Smykowski testified that after being interviewed by Sreenan in March of 1988 at the prison at Eglin Air Force Base, he did not talk to “the police or the State about this case” (R. 4143). He was asked in cross, “tell us the next time you talked to somebody.” He responded, “I not talk only March. I come in this yesterday and today talked to Mr. DiGregory” (Id.). 65 According to Smykowski, his discussions with DiGregory were his only contact with “someone from the State or the police since March” (Id.). 66 In 2002, Detectives Hanlon and Matthews testified that after Smykowski was transported back to Miami in May, they signed Smykowski out of jail and took him to the police station “to conduct an interview” (PC-R2. 1669-70). According to Matthews, “the atmosphere of that detention center is not conducive for interviewing” (PC-R2. 1670). Matthews testified, “I know we had talked at the police station. If more than once or twice or three times, whatever it was, I personally think it was twice, but I’m not sure” (PC-R2. 65 Smykowski testified at Mr. Riechmann’s trial on Friday, July 29, 1988 (R. 3991). 66 Smykowski testified that he was returned to Miami and had been incarcerated in the county jail since May (R. 4153). 76

1671). 67 Matthews did state, “the interview would have been at the Miami Beach police station.” However, Matthews had no recollection of what was discussed: “I mean, I really don’t recall” (PC-R2. 1672). Clearly, Smykowski’s representation in 1988 was false (and equally clearly his disclosure in his affidavit that he in fact had contact with Matthews and Hanlon in the months before his testimony was true). Yet, no one from the State stood up and corrected Smykowski’s false testimony in order to disclose that Smykowski in fact had contact with the police and was taken to the police station for interviews. 2. The Undisclosed “Favor” At Mr. Riechmann’s trial, Smykowski testified that he wanted nothing from the State for his testimony, “Nothing. I am not ask nothing because I plead guilty, Mr. Lawyer. I did crime, I pay for crime. I not ask any help me.” (R. 4135). Smykowski testified that he would not ask Mr. Riechmann’s prosecutor for even a letter: “I not ask. Voluntary give me, okay. I am not give me, I not ask.” (R. 4136). Mr. Riechmann’s counsel inquired, “You have trouble taking care of your daughter, haven’t you, while you are in jail and your 67 Det. Hanon testified that he thought “we went right from the detention center where he was housed to the house in North Miami” (PC-R2. 1689). 77

Ben Crump Winning the - Florida State University College of Law
Ch. 125.221 - Florida State University College of Law
Florida Statutes 1983, Volume 3 - Florida State University College of ...
YES! - University of Florida College of Veterinary Medicine
Levin College of Law - University of Florida
Maritime Boundary: Chile - Peru - Florida State University College of ...
Belize (PDF) - Stetson University College of Law
Prospectus - Levin College of Law - University of Florida
Download Magazine - Levin College of Law - University of Florida
Q&A - Levin College of Law - University of Florida
Untitled - Levin College of Law - University of Florida
Levin College of Law - University of Florida
Focus on: - the Michigan State University College of Law.
Fla Law - Levin College of Law - University of Florida
Download Magazine - Levin College of Law - University of Florida
Women on the Rise - Levin College of Law - University of Florida
Download Magazine - Levin College of Law - University of Florida
Download Magazine - Levin College of Law - University of Florida
2010 Tomahawk - Greek Life - Florida State University
Download Magazine - Levin College of Law - University of Florida
Contents - College of Fine Arts - University of Florida
A Brave New World: - College of Nursing - University of Florida
Florida Veterinarian, Winter 2011 (PDF) - University of Florida ...
2012-2013 Prospectus - Levin College of Law - University of Florida
Levin College of Law - University of Florida
Download Magazine - Levin College of Law - University of Florida
FLORIDA STW CLEARINGHOUSE - cimes - Florida State University
Go Places. - Minnesota State Colleges and Universities
Environmental Law: - Levin College of Law - University of Florida