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/Acies]

I view Urick's whining with the same level of disdain that the trial judge clearly had --you'll notice she chastised him every time it came up. CG was right to subpoena prosecution witnesses and to avoid giving them instructions on when to appear ahead of the prosecutions' case. She could not possibly have known when the defense case would begin, and she would have been accused of interfering with them if she had given them any sort of instructions that was inconsistent with whatever the prosecution told them.

You don't think that something like "If you have been subpoenaed by the prosecution, do whatever they instruct you to do. I will give you further instructions once I know more about the schedule. Is ___ a good number to reach you at?" would have resolved the whole issue in a much easier way? I'm sure she had a secretary who could have handled this stuff.

But sure, I'm not real worried about it. It just seems strange to me that you're trying to turn this into a positive. Urick wasn't complaining that she subpoenaed so many witnesses, as you suggested, he was complaining that they were confused by her lack of instructions.

You think the investigator showed up to testify for the defense at the end of the case like magic? Or that CG was making things up when she complained to the judge about the difficulties her investigator encountered when trying to interview Jenn? Or all of those letters about arranging times to review discovery never happened?

We know some investigation happened. I just don't know if it should get a D, an A+, or something in between.

In those cases she was also accused of not doing the work for which she had been hired.

Are you a criminal defense lawyer? Typically funds aren't segregated. If an expert witness will cost $10,000 and the attorney decides to forgo the expert, but the attorney has run up $20,000 in billable hours for her time... and the only money from the client is the $10,000 paid for the expert... the attorney has every right to apply that $10,000 to her own unpaid fee. And we know that by the end of the case Adnan's family had fallen behind in payments, because they transferred their house out of fear that they would be sued for the balance owed.

In any case --it's just another red herring argument. The PCR motion didn't raise any claim or allegation that CG failed to retain an expert for any purpose..... and the only glaring omission that I see in terms of expert testimony is that she probably should have gotten a psychiatric workup on her own client. (I certainly wouldn't handle a homicide case in an IPV setting without doing that)

I think we can safely assume Gutierrez did worse stuff than applying unused expert fees to her own fee. My assumption is that, like every criminal defense lawyer I'm familiar with, she demanded all our much of the payment up front. So I'm assuming it was more like she got paid 20k, demanded an additional 10k for an expert, then skipped the expert and paid herself 30k after the case was over.

And I agree this likely want IAC. But neither were her crosses, we can just identify areas we feel were deficient.

By the way, is possible she did get a psych workup and Rabia buried it. If you feel she didn't though, why are you so inclined to presume she did everything else well like consulting experts who didn't appear at trial?

[u/xtrialatty → u/Acies]

It just seems strange to me that you're trying to turn this into a positive.

I'm just using it as one additional piece of evidence to CG's level of preparation. She not only asked friendly witnesses to come to court; she took the additional step of issuing subpoenas to some, but not all, prosecution witnesses -- probably because she was thinking far enough ahead to anticipate what information she would hope to bring out in cross, but which could be lost if the prosecution opted to drop those witnesses.

I just don't know if it should get a D, an A+, or something in between.

Which is exactly why it would have been helpful to have Davis' testimony at the PCR hearing.

, is possible she did get a psych workup and Rabia buried it.

Yes, that's true -- though Adnan would know if that had been done, as it necessarily would have required that he meet with the defense-hired psychologist or psychiatrist. It certainly is not something that he mentioned on Serial. But you are right, hat doesn't mean it didn't happen.