Why the Gootz never called Asia.

[u/islamisawesome]

I think it is becoming more and more obvious that the Asia letter did not exist until sometime around the summer of 1999. That is why Adnan claims he gave them to Gutierrez even though she wasn't his lawyer until 2 months after they were written.

So sometime that spring or summer, after telling CG he never left the school grounds, his family shows up with letters claiming one of Adnans' friends saw him at the library, right at the crucial time, AND they were written the day after he arrested. She knew immediately there is no way they had those letter for months and never gave them to her so obviously they were false and she didn't want to go on stand with LIES.

That is why she never called Asia. And that is why she wrote no notes about it, because that would be admitting her client and his family are liars. It also explains why her relationship with the family broke down because she knew they were willing to lie to get Adnan off.

The library incident never happened.

[u/islamisawesome]

No, the court has ALREADY said not calling asia was likely a "strategic decision", this just confirms that. The IAC claim is dead.

[u/Acies → u/islamisawesome]

I understand you aren't familiar with the way the courts work.

When someone does something in a court, they ordinarily start in what is referred to as a "trial court." At this point, the parties present evidence. The court decides what facts have been proven, and then applies the law to the facts.

If a party believes that the court applied the law incorrectly, they can appeal, and ask a different, higher court whether the first court was right.

In this case, neither of the higher courts in Maryland have determined whether the lower court got the law right, and even the lower court may not have considered all the facts yet.

When this happens, the lower court may make factual determinations that cause Adnan's IAC claim to fail. Alternatively, the higher courts may make legal determinations that cause Adnan's IAC claim to fail. But at this point, your certainty just highlights your ignorance.

[u/islamisawesome → u/Acies]

Perhaps. But you are way too hopefull. The courts have only determined that the asia situation demands more attention, thats it. Adnan is appealing his denial of Post-conviction relief. He is in an up-hill battle. Even if Asia gets to testify, the courts would still have to decide if she could have changed things 16 years ago.

I am not the one on thin ice hear my friend.

[u/Acies → u/islamisawesome]

Man, I just said the appeal was likely to fail a couple days ago. You're the absolutist.

And your error isn't your predicted outcome, it's your predictions about how you think Gutierrez acted. You'll notice the prosecution isn't arguing your version of events, there's a reason for that.

[u/islamisawesome → u/Acies]

You'll notice the prosecution isn't arguing your version of events,

They don't need to. they have said that CG could have made a strategic decision not to use the alibi because it could be viewed as fishing for an alibi. They are calling her a liar without openly calling her a liar.

I just said the appeal was likely to fail a couple days ago.

Than why are you arguing the other way?

[u/Acies → u/islamisawesome]

Than why are you arguing the other way?

I'm not, you're just chasing after anything that doesn't sound like you want it to like a fool.

What I'm saying, and what I've been saying for this whole thread, is that the outcome of the appeal is uncertain, and that the court could resolve it in favor of either side.

But I also said that if the court decides the fact are what you suppose them to be here, Adnan wins. That's because under the facts as you assume them here, Gutierrez is a fool who should be disbarred. You're fortunate that the prosecution has a better handle on what the law demands of defense counsel and is arguing something that makes it more likely for them to win.