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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

14. Around April 1988 I

14. Around April 1988 I was brought back to Miami and stayed some weeks in a low security prison, the Sheriff’s Department correctional center. 15. There I met Bob Stitzer again. 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. * * * 32. I am coming forward now with the truth because I feel guilty towards Mr. Riechmann. 88

(Supp. PC-R2. 46-48). 78 The information contained in Smykowski’s affidavit not only revealed undisclosed inducements offered to Smykowski by the State in exchange for his testimony, but also demonstrated that his trial testimony was false and that the testimony he provided was suggested by prosecutor Sreenan. Despite the bombshell nature of Smykowski’s affidavit, Mr. Riechmann was precluded from presenting his testimony when the circuit court refused to permit Smykowski to be deposed to perpetuate his testimony. Accordingly, no cumulative analysis could be given to his statements in the required evaluation of the cumulative effect of the numerous Brady/Giglio violations. 79 7. “Kool” and the Brown Impala Judge Bagley also failed to consider evidence not disclosed to the defense that another suspect provided 78 The State acknowledged in 1996 that Smykowski was a “crucial” witness who had been essential in obtaining a conviction against Mr. Riechmann (PC-R 5490-91). 79 As with Veski, the information revealed by Smykowski not only independently establishes Brady/Giglio violations, but corroborates and is corroborated by Veski, by Debbie Schaeffer’s efforts to collect the reward, by the testimony of Hanlon and Matthews regarding their contact with Smykowski after his return to Miami in May of 1988, and by the undisclosed March, 1987, letter to Sreenan. These evidence cannot be properly evaluated piecemeal, as Judge Bagley did here. 89

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