The Commission on Capital Cases updates this information regularly.  This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.

 

RIECHMANN, Dieter (W/M)

DC# 113993

DOB: 05/17/44

 

­­­­Eleventh Judicial Circuit, Dade County, Case #87-42355

Sentencing Judge: The Honorable Harold Solomon

Attorney, Trial: Edward Carhart – Private

Attorney, Direct Appeal: Lee Weissenborn – Special Public Defender

Attorney, Collateral Appeals: Linda McDermott – Private

Attorney, Resentencing: Richard Klugh – Private

 

Date of Offense: 10/25/87

Date of Sentence: 11/04/88

 

Circumstances of Offense:

 

On 11/04/88, Kersten Kischnick was shot to death in Miami Beach while she sat in the passenger seat of Riechmann’s rental car.  Riechmann claimed that a stranger shot Kischnick when they stopped to ask directions in Miami Beach.  He said that, after the shooting, he drove around Miami in a panic trying to find help.  Riechmann, however, was not able to provide details about the shooting.

 

Riechmann and Kischnick had been together for 13 years and had come from Germany to visit Florida.  The prosecutors believed that Riechmann killed her for financial gain.  They theorized that Riechmann was Kischnick’s pimp, and he killed Kischnick when she wanted to stop working as a prostitute.  Furthermore, Riechmann had taken out more than $961,000 in German life insurance policies on Kischnick between 1978 and 1985.  These policies included homicide as accidental death; therefore, Riechmann would be able to collect on Kischnick’s death, even if she was murdered.  Riechmann and Kischnick also filed reciprocal wills naming each other as the sole heir of each other’s estates in June of 1987.  Finally, Riechmann used his Diner’s Club Card to rent the car, which also insured the passengers.

 

The police searched Riechmann’s motel room and found three firearms and ammunition.  An expert firearm examiner determined that the bullet used to kill Kischnick was the same kind as the ones found in Riechmann’s room and that two of the three firearms could have been used to shoot Kischnick.  An expert for the prosecution determined that Riechmann had fired a gun based upon the police swab of his hand to test for gunpowder residue at the scene.  A defense expert, however, argued that this only proved that Riechmann was in the vicinity of the gun as it was fired.  A serologist, provided by the State, testified that the blood found within the driver’s side of the car could not have splattered where it did if someone had been sitting in the driver’s seat.  Furthermore, Riechmann should have had blood splatters on his clothing rather than the blood stains according to the state’s serologist expert witness.

 

Trial Summary:

 

01/27/88          Riechmann was indicted on the following:

                                    Count I:          First-Degree Murder (Kersten Kischnick)

                                    Count II:         Felony committed with a Firearm

08/12/88          Riechmann was found guilty on all counts charged in the indictment.

08/30/88          Upon advisory sentencing, the jury, by a majority vote of 9 to 3, voted for the death penalty.

11/04/88          Riechmann was sentenced as follows:

                                    Count I:          First-Degree Murder (Kersten Kischnick) – Death

                                    Count II:         Felony committed with a Firearm – Suspended entry of sentence

02/24/00          The Florida Supreme Court remanded the case back to the Circuit Court for a new sentencing hearing.

03/19/10          Riechmann’s sentence was reduced to life.

 

Appeals Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 73,492

581 So. 2d 133

 

12/30/88          Appeal filed

05/30/91          FSC affirmed the conviction and sentence

08/28/91          Rehearing denied

09/27/91          Mandate issued

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 91-8075

506 U.S. 952

 

12/12/91          Petition filed

11/06/92          USSC denied the petition

 

Circuit Court – 3.850 Motion

CC# 87-42355

 

09/30/94          Motion filed

05/13/96          Evidentiary hearing held

06/11/96          Evidentiary hearing held

07/17/96          Evidentiary hearing held

11/05/96          CC granted a new sentencing hearing

Florida Supreme Court – 3.850 Motion Appeal

FSC# 89,564

777 So. 2d 342

 

12/23/96          The State filed a 3.850 Appeal

12/23/96          Riechmann filed a 3.850 Appeal

02/24/00          FSC remanded the case to the trial court for a new sentencing hearing

01/31/01          Rehearing denied

03/05/01          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 93,236

777 So. 2d 342

 

06/15/98          Petition filed

02/24/00          FSC denied the petition

01/31/01          Rehearing denied

03/05/01          Mandate issued

 

Circuit Court – 3.850 Motion 

CC# 87-42355

 

11/30/99          Motion filed

02/28/03          Motion denied

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 03-760

966 So.2d 298 (2007)

 

04/28/03          Appeal filed

04/12/07          FSC affirmed denial of the motion

04/30/07          Motion for Rehearing filed

09/30/07          Motion for Rehearing denied

12/17/07          Mandate entered

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 06-117

940 So. 2d 1125

 

01/24/06          Petition filed

09/21/06          Petition denied

 

United States Supreme Court – Petition for Writ of Certiorari

USSC#07-11617

 

02/27/08          Petition filed

10/16/08          Petition denied

 

Factors Contributing to the Delay in Execution of Sentence:

 

Factors contributing to the delay in execution of sentence included that the Direct Appeal was pending for three years prior to a decision being rendered.  The 3.850 Appeal also was pending for three year before the Florida Supreme Court remanded the case to the trial court for a new sentencing hearing.  After resentencing, the 3.850 Appeal was pending from 04/28/03 – 04/12/07.

 

Case Information:

 

On 12/30/88, Riechmann filed a Direct Appeal in the Florida Supreme Court.  Riechmann addressed several issues.  The first issue addressed was that the court should not have admitted Riechmann’s previous statements because he was not told of his 5th Amendment rights and because the police coerced the statements.  The next issue presented was that the hand swab should not have been permitted because it was coerced and the search warrant was not valid.  Another issue addressed by Riechmann’s appeal was that the evidence collected in Germany should not have been permitted.  Riechmann finally argued that his four prior convictions in Germany should not have been admitted into evidence.  The four convictions include solicitation of perjury, involuntary manslaughter, grand theft of an automobile, and forgery.  The Florida Supreme Court affirmed the conviction and sentence on 05/30/91.  A Mandate was issued on 09/27/91.

 

Riechmann filed a Petition for Writ of Certiorari in the United States Supreme Court on 12/12/91.  The Petition for Writ of Certiorari was denied on 11/06/92.

 

Riechmann filed a 3.850 Motion on 09/30/94 in the Miami-Dade Circuit Court.  On 05/13/96, 6/11/96, 7/17/96, the Circuit Court held evidentiary hearings on the issues.  The circuit court found merit with Riechmann’s claim of ineffective counsel at the penalty phase and that the prosecutor wrote the sentencing order instead of the judge.  The Circuit Court granted a new sentencing hearing on 11/05/96. However, the court dismissed the rest of the claims presented by Riechmann, which included issues of ineffective counsel during other portions of the trial and newly discovered evidence.

 

On 12/23/96, the State of Florida filed a 3.850 Appeal because the Circuit Court vacated Riechmann’s death sentence and granted a new sentencing hearing.  Riechmann also filed a 3.850 Appeal on 12/23/96 because the circuit court denied most of his claims.  The Florida Supreme Court remanded the case to the trial court for a new sentencing hearing on 02/24/00, which will be held after a decision is rendered regarding the 3.850 Motion filed by Riechmann on 11/30/99.  A Mandate was issued on 03/05/01.

 

Riechmann filed a Petition for Writ of Habeas Corpus on 06/15/98.  He addressed several issues in the appeal.  The first issue addressed was that post-conviction and appellate counsel was ineffective.  Another issue presented questioned the appropriateness of the trial court’s rulings.  Riechmann also argued that there was a violation of his equal protection by the court.  The Florida Supreme Court denied the Petition for Writ of Habeas Corpus on 02/24/00.  A Mandate was issued on 03/05/01.

 

Riechmann filed a 3.850 Motion in the Miami-Dade Circuit Court on 11/30/99.  The motion was denied on 02/28/03.

 

Riechmann filed a 3.850 Appeal in the Florida Supreme Court on 04/28/03, and on 04/12/07, the FSC affirmed the denial of the motion.   He then filed a Motion for Rehearing on 04/30/07 which was denied 09/30/07.  The mandate was issued in this case on 12/17/07.

 

On 01/24/06, Riechmann filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.  The petition was denied on 09/21/06.

 

Riechmann filed a Petition for Writ of Certiorari in the United States Supreme Court on 02/27/08. The petition was denied on 10/08/08.

 

Riechmann was resentenced by the Circuit Court to life imprisonment on 03/19/10.

 

Institutional Adjustment:

 

 

DATE

DAYS

VIOLATION

LOCATION      

08/27/89

0

UNAUTH PHY. CONTACT

FSP

07/15/98

0

FIGHTING

UNION C. I.        

 

________________________________________________________________________

 

Report Date:     12/21/01          S.Q.

Approved:        01/22/02          W.S.

Updated:          03/29/10          EMJ