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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

wife and daughter.”

wife and daughter.” (PC-R2. 160). In a subsequent conversation with prosecutors, Smykowski’s wife, Halina, indicated that her husband had told her that he was eligible for “some kind of monetary benefit due to his testimony” (PC- R2. 157). 76 Deborah Schaefer (Smykowski) later testified that in September or October, 2000, her mother thought about “getting in touch again with the prosecutors in Miami.” (PC-R2. 270). Halina Smykowski asked her daughter to write a letter to prosecutors asking about reward money her husband told her about (PC-R2. 271). Halina had been told that some of the proceeds from a $1 million insurance policy of Ms. Kischnick would be turned over Smykowski for his testimony against Mr. Riechmann. Smykowski told Halina that he signed that money over to her, his daughter, and her grandmother (PC-R2. 271). Halina had learned of the reward when she called collect from a federal prison in Kentucky to her mother’s house in North Miami, the same day when Smykowski visited his daughter with 76 Smykowski’s affidavit corroborates this evidence. In the affidavit, Smykowski attested that “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.” Supp. PC-R2. 47). However, Mr. Riechmann was not permitted to depose Smykowski in order to perpetuate his testimony, nor was Mr. Riechmann permitted to introduce this affidavit. 84

the “two men” (PC-R2. 294). This evidence demonstrates that Smykowski’s testimony was false, and that no one from the State stood up and corrected it. 5. Hilliard Veski Hilliard Veski signed an affidavit stating that Beth Sreenan pressured him to testify falsely regarding the location he found certain pieces of evidence when he collected them from Mr. Riechmann’s rental car at the time of his inventory. Shortly after the inventory of the rental car, Veski was accused of illegal drugs useage and placed upon administrative leave. According to Veski, Sreenan indicated that there he would have a better outcome in his own case if he would testify in the manner she directed. Pursuant to that pressure, Veski testified falsely at his July 7, 1988, deposition. However, immediately thereafter he contacted Carhart and advised him that his testimony regarding the location of a flashlight had not been truthful. As Carhart testified, Veski indicated that he had been pressured to make the false statement, but he had declined in 1988 to reveal who had pressured him (PC-R. 5662). At the 2002 evidentiary hearing, Mr. Riechmann proffered that “Officer Veski indicates in fact when he seized the shawl 85

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