Trial Strategy, I Don’t Think So

My previous post talked of my son’s defense attorney not cross-examining the deputy during trial.

A Facebook Friend gave the following comment, “There are thousands of possible reasons why it might be good trial strategy not to cross examine a witness.”

The defense can try to justify not cross-examining the deputy as trial strategy. But I ask you,  what trial strategy can be given for defense attorney not cross-examining the deputy and giving an entire different account from what was in his police report. The police testimony strayed significantly and materially from a barebones police report.

The defense attorney also did not properly cross-examine the victim about her changed identification. Victim went from someone who could not identify the suspect at all, to identifying the suspect at trial.  Shouldn’t defense have called for a Richardson or Evidentiary Hearing? Shouldn’t the defense have questioned the fact that the victim was shown two photo lineups and wrote two statements? At worst, shouldn’t defense counsel have motioned to suppress the second lineup and second written statement? Shouldn’t defense counsel have included the 911 call into discovery as it was favorable to the defense. Victim said that she could not identify the suspect.

The fact is that defense counsel was ineffective in failing to interview important witnesses prior to trial, failing to have an organized plan of defense, and failing to present an adequate defense. There is no excuse for defense counsel’s failure to interview in advance of trial the important witnesses. Counsel also conducted inadequate cross-examination because of his apparent lack of a sense of direction in his trial defense. The lack of a defined strategy is further illustrated by his summation to the jury, during which he flitted from one subject to another with very little cohesiveness between any of them. The cumulative effect of defense counsel’s deficiencies in the representation amounted to ineffective assistance of counsel that permeated the entire trial.

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Justice For My Son 2

PO Box 70111

Tuscaloosa, Alabama 35407


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