...out of the First Circuit. But represented by Greenberg Traurig lawyers Jed Dwyer and Jay Yagoda.* What's amazing in this case is not just the ineffective lawyer's conduct, but that the government tried to defend the convictions where the lawyer did not even have a computer that could open the voluminous discovery. Shame. Here's the introduction from the case (opinion here):
How bad was the lawyer. Here's the start to the court's summary:
• He could not "open discovery produced by the [g]overnment."
• He "did not provide copies of documents or audio and video recordings to . . . Baptiste, nor did they ever sit down together to review all of the materials that the [g]overnment had provided."
• He did not "'thoroughly review' certain documents."
• "[H]e [did] not investigate" the case "sufficiently to understand the import" of the government's evidence or to craft an appropriate response. • He did not get English translations of Haitian-Creole recordings, even after learning about "potential errors" in one of the government's translations.
• He "did not subpoena any witness" or "formulate his own list of potential witnesses in support of . . . Baptiste's potential defenses."
• "[H]e did not . . . identify or contact any expert witnesses that could have provided evidence on Haitian law or business practices." • He "continued to pursue an entrapment defense," even though "others had previously told him that the defense was not available to . . . Baptiste on the facts of the case" — a mistake that essentially put Baptiste in the thick of the conspiracy.
• He "only cross-examined two of the [g]overnment's six witnesses, none of whom [he] had contacted or sought to interview prior to trial."
• He "elicited damaging testimony" from the two he did cross.
• And he deferred to Boncy's lawyer on the "cross-examinations of the remaining witnesses," even though Boncy's "trial strategy was to portray . . . Baptiste as the primary driver of the alleged conspiracy" — a conspiracy that Boncy's attorney insisted Boncy was not a part of.
*Update -- There was some confusion in the comments about whether GT represented Bouncy at trial or just appeal. Here's what happened: (1) GT represented Boncy at trial and got acquittals on all counts, except the 371/fcpa charge: (2) post-trial, they moved for a new trial for Boncy on the basis that co-defendant’s (Baptiste’s) counsel was ineffective; the court granted the motion; and (3) on appeal, 1st circuit affirmed that Boncy gets a new trial as district court held.