Defense counsel didn t use this important information. Natalie Barr s account obviously changed between her initial interview and the trial. Defense counsel failed to point this out. According to federal precedent, failure to impeach a witness on a key element of a case constitutes ineffective assistance of counsel. The detectives interviewed numerous witnesses whose accounts differered substantially from the prosecution s story.
Numerous precedents deem such a failure to constitute ineffective assistance of counsel.
Defense attorney failed to object to inflammatory testimony Pennsylvania law precludes the user of evidence showing the personal characteristics of the deceased, particularly where those characteristics will tend to make the jury sympathize with the deceased and her family, unless those characteristics are relevant to an issue at trial. This was used in the closing argument as well. In Pennsylvania as well as Federal court, a district attorney is forbidden from arguing matters not supported by the record. Counsel then failed to object to any references to Yarris silence or to seek to have the judge instruct the jury to disregard. This is ineffective counsel.