A Suffolk County Superior Court Judge recently reversed and vacated a murder conviction and granted a motion for a new trial on behalf of our client at Brad Bailey Law PC. Although our firm was not involved in the defendant’s original trial, Brad Bailey and Elizabeth Billowitz conducted an evidentiary hearing establishing his prior counsel was ineffective.
Thus, the Judge overturned our client’s first-degree murder conviction, vacated his sentence of life in prison without the possibility of parole, and gave him a second chance to get the justice he deserves.
This is a rare win for any criminal defense lawyer and means an enormous deal to our client.
Why Was Our Client’s Prior Counsel Ineffective?
Our client’s prior counsel failed to properly investigate compelling “third-party culprit” evidence disclosed by the prosecution immediately prior to jury selection. Instead of requesting an immediate trial continuance or trying to use the “explosive” evidence offered to him at trial, our client’s former attorney ignored it altogether and pursued forward with a flawed defense that resulted in a guilty verdict for our client.
This failure to use evidence that may have benefited our client was a significant error that constituted a level of legal representation that fell measurably below that of an ordinarily fallible attorney.
The failure was especially egregious considering the prosecution provided our client’s former defense attorney a proffer made by the Suffolk County District Attorney’s Office of a witness who suggested the murder could have been committed by someone.
Our client’s former attorney did not attempt to contact this witness, who appeared to have knowledge of the crime and possessed evidence that should have shaped the entire defense strategy and could have changed the outcome of the case.
To put it more simply, our client’s former attorney was informed that someone else may have committed the crime but took no action to investigate this claim and assist our client. As such, according to the hearing judge, his representation fell measurably below what the Constitution requires.
Not only was our client deprived of a fair trial, but his prior counsel’s wrongdoing likely affected the trial’s outcome, as well.
After all, compelling third-party evidence like the proffer in question can create the “reasonable doubt” that leads to a not guilty verdict in criminal trials.
How Did Brad Bailey Law PC Win the Case?
Attorneys Bailey and Billowitz conducted an evidentiary hearing, presenting the third-party evidence and highlighting prior counsel’s ineffective defense via cross-examination and argument. The evidence in our client’s original trial was not overwhelming, but his former attorney’s mistake was truly egregious. In short, the evidence that did not come into trial spoke louder than the evidence that did.
As a result, the Judge granted a motion for a new trial in Commonwealth v. Omay Tavares, 1084CR10379.
Pursuing Justice and the Best Possible Results
Once again, our client is innocent until proven guilty, and this time, our firm is involved. Unlike prior counsel, we will use all the evidence in his favor and provide him with effective legal support.
As in all our cases, we will strive for the best possible result in our client’s new trial.
In the meantime, we are proud of this important victory, which upholds the justice system and our client’s rights.
If you are facing a criminal defense matter, trust our experienced, award-winning attorneys to provide zealous, effective counsel. No matter where you are in your case, our lawyers can help.
When the stakes are high, contact us at (617) 500-0252 or online.