You might remember that I recently commented on the Drew Peterson trial. I was particularly intrigued by the public statements the jurors made and I suggested that we might well see an ineffective assistance of counsel claim under Strickland.
You see, after a heated dispute with co-counsel, one of Peterson’s attorneys called a witness who said some really harmful stuff…stuff that jurors openly acknowledged played a key role in their decision to convict. There’s no real doubt in my mind this was a very bad strategy decision because the chances it would backfire were really high. And unsurprisingly, backfire it did.
Also unsurprisingly, Peterson has new attorneys now and they just filed a motion arguing for a new trial due to ineffective assistance. The Tribune has more here, including a rather juicy video. Another article on the topic here.
When I’ve had a chance to look at the actual legal filings, I may write more on it. For now, suffice it to say my prediction was correct.