May it please the court. This is my co-counsel Jason Edwards, and I am Alex Harb. We have proved that there is beyond a reasonable probability the outcome of the Defendant’s 1999 trial would have been different but for counsel’s errors. We as the defense have had the burden of proof placed upon us, and we have met the burden of proof. The burden of proof demands that we give light to the facts, and show that beyond a reasonable doubt, that, but for the previous counsel’s errors, the defendant would have been found “not guilty”. The defense has presented our witnesses that have given accounts of the whole situation. Through these witnesses, we have shown that the counsellor did not act appropriately, given the evidence possessed at the time, …show more content…
Avery testified that he was unable to meet the marks, except for one of ten times, and all of which he went 5 miles over the speed limit, and the traffic lights due to a storm had all been “flashing yellow” when he attempted the one successful time. If the counsellor had been competent, she would have performed this same test and shown her results to the court, but failed to do so. He also testified to the fact that Morgan gave one testimony to the detectives (he knew the story given to the detectives through the original trial transcripts), and a different story to him. When confronted Morgan confessed he was lying to cover for his sister, who was in the drug business so that the police wouldn’t bring dogs to his house. Avery also testified to the fact that, through reading the trial transcripts, that the counsel didn’t ask any questions of the prosecution’s witness pertaining to the cell phone data, she also didn’t hire her own alternate expert to the prosecution’s to testify in court. Nor did she push Morgan Reynolds to find out that he