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Document A-5912

AI Analysis

Summary: The transcript captures a discussion between the court and Mr. Shechtman about the effectiveness of Mr. Parse's counsel during his trial, the court's views on the likelihood of sentencing vs. trial, and the possibility of finding both a waiver of an impartial jury and effective assistance of counsel.
Significance: This document is potentially important because it reveals the court's concerns about the effectiveness of the defendant's counsel and the waiver of an impartial jury, and provides insight into the court's thought process regarding the upcoming sentencing.
Key Topics: effective assistance of counsel waiver of impartial jury sentencing vs. trial
Key People:
  • Mr. Shechtman - attorney arguing before the court
  • Mr. Parse - defendant in the case
  • Barry Berke - defense attorney who conducted cross-examination during the trial
  • THE COURT - presiding judge
Document Type
Transcript
Date
Unknown
Pages
1
Folder
IMAGES004

Full Text

CAC3PARC 10 going to win. We're going to have a sentencing in January and not a trial in the spring. But I don't think you can read that much into it, and I don't think that in fairness to Mr. Parse the record supports that. But I understand your Honor's views of the matter. I can't say more. THE COURT: Other than the alleged deficiencies by the Brune firm regarding Juror No. 1, was Parse's counsel otherwise constitutionally effective? MR. SHECHTMAN: Look, I've never read a trial record where I didn't wish I wish they would have preserved that issue, I wish they would have made that argument, I think that cross-examination could have been stronger. I came away from that trial thinking, boy, that Barry Berke is a great cross-examiner. If you asked me was it constitutionally adequate, you bet. It was very solid defense by a group of very good lawyers. So, that's one's easy for me. THE COURT: Can you think of any circumstance where a Court could find both a waiver to an impartial jury and effective assistance of counsel? MR. SHECHTMAN: Yes. I think. The simplest one is if it really was a strategic decision, take the most blatant case, the lawyer said to themselves free bite at the apple, don't tell the judge. If we get an acquittal the great thing about the double jeopardy clause is it's over. That is a waiver SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300