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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

wife is in jail?” (R.

wife is in jail?” (R. 4144). Smykowski responded, “Please, Mr. Lawyer, don’t worry my daughter. My daughter stay in mother-in-law.” (Id.). 68 In 2002, Detective Hanlon testified that he and Matthews picked up Smykowski at the Dade County Sheriff’s Stockade where he was housed when he was returned to Miami because he “wanted to see his daughter” (PC-R2. 1682). The detectives knew that Smykowski was worried about his daughter because he and his wife were both in federal prison at the same time (PC- R2. 1687-88). 69 Hanlon testified that he thought the visit with his eight-year-old daughter would be a “good gesture.” The detectives bought fried chicken to eat at the family reunion (PC-R2. 1686-87). He described Smykowski as grateful and thankful for the visit (PC-R2. 1987). 70 68 Smykowski did acknowledge that “I arrest and my wife, Stitzer wife pick up my daughter and stay three weeks home in Stitzer.” (R. 4144). My mother-law coming and now safety, everything got okay for my mother-in-law.” (Id.). 69 A friend of Smykowski, John Skladnik, testified in 2002 and recalled seeing Smykowski with two men walking to Smykowski’s house when he was supposed to be in jail. Smykowski’s daughter, Deborah, was living with Smykowski’s mother-in-law in the North Miami house at the time. Skladnik said that Smykowski was not in handcuffs, and the men with him were not in uniform. He spoke with them briefly and then left (PC-R2. 1603-04). 70 Smykowski, in his affidavit executed nearly eighteen months before the State revealed that he had been taken to visit his daughter at his home, attested that before Mr. 78

Detective Matthews testified that on one of the occasions that he and Hanlon took Smykowski out of custody to “interview” him in Mr. Riechmann’s case, they took Smykowski to visit his daughter (PC-R2. 1669-72). He explained that when they were on the way back to the Stockade, Smykowski asked Matthews and Hanlon to stop so he could see his daughter (PC-R2. 1673). Matthews testified, “[w]e ended up at a house that was occupied by a woman, I believe he identified as his mother-in-law and a child he identified as his daughter” (PC- R2. 1672). Matthews paid for a bucket of Kentucky Fried Chicken so that everyone could have something to eat during the visit (PC-R2. 1674). Smykowski was not handcuffed (PC-R2. 1673, 1688). Smykowski spoke to his mother-in-law in a foreign language. Neither detective understood the conversation or knew what information he was communicating to the woman (PC-R2. 1674). Afterwards, Matthews testified that Smykowski was grateful and thanked Matthews (PC-R2. 1675). Matthews “vividly” remembered that a little girl came home and they stayed for about 20 minutes and then left (PC- R2. 1673). He described the girl as happy to see her father Riechmann’s trial he had been taken out of the prison by Matthews and Hanlon in order to visit his home. 79

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