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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

Ex. C). 73 Ms. Sreenan

Ex. C). 73 Ms. Sreenan testified that she did nothing to help Smykowski with his daughter. “My recollection is that we did nothing” (PC-R2. 1355). “It would seem to me I would remember if we did something, and this isn’t the type of thing that you normally get involved in” (PC-R2. 1355). 74 Ms. Sreenan did not notify Mr. Carhart that she had received this letter from Smykowski concerned about his daughter because she felt “Mr. Carhart is entitled to know about favors that might be given in regard to the daughter, but I felt personal conversations were beyond the scope of discovery” (PC-R2. 1360-61). 75 According to Ms. Sreenan, she was only obligated to disclose any “benefit they [the Smykowski’s] received, and the defense was entitled to know” (PC-R2. 1362). Apparently in Sreenan’s view, letters or personal conversations requesting benefit were not discoverable. 73 In 2002, Mr. Carhart testified that he did not know Smykowski had written a letter to Ms. Sreenan in March, 1988 looking for assistance in obtaining care for his daughter (Supp PC-R2. 214). 74 However, in a little over a month after the letter was sent, Smykowski was back in Miami, at the Dade County Stockade. His was given a visit with his daughter and provided a fried chicken dinner. 75 Ms. Sreenan claimed that she did not know about Smykowski’s trip to see his daughter, but she “probably” would have disclosed it to the defense had she known(PC-R2. 1365). 82

Ms. Sreenan testified that she did nothing to facilitate this “arrangement.” She knew the difficulty that Smyknowski was having with his daughter from an early March meeting with Smykowski at Eglin AFB. The letter to Sreenan said, “as you know.” Yet, Ms. Sreenan blocked the defense’s efforts to inquire after Smykowski’s daughter (PC-R2. Def. Ex. A). Sreenan actively sought to mislead the defense in this regard. At Stitzer’s deposition, she shut down Carhart’s efforts and she implicitly suggested that Smykowski’s daughter was not being provided for by Stitzer. This intentional obfuscation violated due process. Gray v. Netherland, 518 U.S. at 165. 4. The Reward Money Smykowski testified that in return for his testimony, he sought “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). In 2000, Deborah Schaefer, Smykowski’s daughter, contacted the State Attorney’s Office regarding Mr. Riechmann’s case. In a letter, she stated “[m]y father was told that, if the defendant in this case is convicted, the key witness collects part of the insurance money of the victim. He told us that he signed papers to transfer the money to his 83

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