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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

exculpatory information

exculpatory information three days after the crime. 80 Mr. Riechmann did not learn the significance of the undisclosed information until the eve of the evidentiary hearing when Hilton “Pookie” Williams first indicated that in 1987 he dealt drugs from a brown Impala. After Ms. Kischnick’s murder, the police were advised that two drug dealers, one named “Kool,” were overheard by an informant bragging about ripping off and wasting someone. These drug dealers were selling drugs from a brown Impala. This information appeared in a police report that was withheld from the defense. 81 When this police report was disclosed in post-conviction, collateral counsel had no basis for demonstrating any prejudice from the seemingly dead-end lead until “Pookie” revealed that he dealt drugs from a brown Impala and was an associate of “Kool.” In 2002, “Pookie” testified that in October, 1987, he owned and drove a brown Impala that he used to deal drugs. “Pookie” also indicated Kool was an associate of his (PC-R2. 683-84). “Pookie” swore that he had committed a robbery on Biscayne Boulevard on October 25, 1987, the night Ms. 80 Judge Bagley refused to admit into evidence the police reports “mentioning the name Cool” (PC-R2. 1719). 81 Also withheld from the defense was a portion of Det. Hanlon’s to-do list that included inquiring of a Metro-Dade policeman named Gonzalez for information regarding “Kool.” 90

Kischnick was shot. Mr. Carhart did not have this information at trial, although he attempted to obtain this type of information when he deposed Detective Hanlon (PC-R2. Def. Ex. A). Mr. Carhart testified that he did not receive this report nor had Detective Hanlon disclosed this exculpatory information when he was deposed on April 14, 1988 (PC-R2. Def. Ex. A, 64-74). In his deposition, Hanlon read every item on the to-do list except item #21, which said the police were investigating this information regarding “Kool”(PC-R2. Def. Ex. A, 64-74). “Pookie’s” revelations in 2002 gave significance to the failure to disclose to trial counsel the information regarding “Kool” and his bragging about ripping off and wasting someone the day after Ms. Kischnick was shot, and that these drug dealers were selling drugs from a brown Impala. 82 Judge Bagley failed to admit this evidence and thus could not consider this nondisclosure when evaluating the cumulative effect of all of the withheld Brady/Giglio material. 8. Evidence Previously Presented in 1996 In 1996, Judge Gold found that the State withheld 82 The police report’s relevance is also increased by the testimony of Doreen Bezner, who claimed she observed the shooting and reported that it happened in the course of a busted drug deal. 91

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