GRAND HAVEN — In a bid for a new trial for Juan Cabrera, a 20-12 months-outdated Holland male convicted of murdering a 14-yr-previous boy in 2019, a protection attorney is arguing Cabrera’s attorney did not do a fantastic plenty of career defending him.
Cabrera’s new lawyer, Frank Stanley of Grand Rapids, has been pursuing a claim of ineffective authorized representation to try out to build grounds for a new trial for Cabrera, who is serving a sentence of existence in jail without the risk of parole.
Cabrera was convicted of murder by an Ottawa County jury. The victim, Troy “TJ” Wells, was shot and killed with a significant-driven rifle at the Hampton Inn lodge off Felch Road on Feb. 16, 2019.
At a listening to prior to 20th Circuit Court Judge Karen Miedema Thursday, Stanley attempted to introduce his possess video clip of a reenactment of the lodge protection footage of the taking pictures. The surveillance footage of the shooting was a important piece of proof in the trial, given that it captured a determine matching the garments and footwear of Cabrera holding an AR-15 rifle.
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Stanley stated he thought “there was something off” about the protection video clip and the way the gun was staying held. He advised there could have been a next shooter in the doorway and applied the movie reenactment to attempt to present that situation was probable.
The decide turned down the reenactment footage as evidence, agreeing with the prosecutor’s argument that it was “speculation.”
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Stanley argued Cabrera’s lawyer at the time, Chris Kessel, must have pursued this angle of defense in addition to his principal defense at trial, which was to question the truthfulness of the witness testimony.
“He experienced a defense offered to him that he should have pursued,” Stanley stated.
He also argued Kessel need to have objected to autopsy photos being launched at trial, which he argued could have prejudiced the jury. Kessel is a previous law organization husband or wife of Michigan’s legal professional standard, Dana Nessel.
At a prior Ginther listening to, Kessel was called to testify about his get the job done on the scenario.
Attorneys have numerous weeks to file remaining briefings right before the decide will make a ruling.
— Get in touch with reporter Carolyn Muyskens at [email protected] and stick to her on Twitter at @cjmuyskens.
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