Full Text
CAC3PARC 18
1 which I think is very significant. And it is significant in
2 part because I think if we can say anything, that we all know
3 based on the Brune & Richard's defense of Mr. Parse, that if
4 they had any actual and real concern about a suspended attorney
5 being on this jury, if they really thought that was not in
6 their client's interest, you know, we all know that they would
7 have brought it to the Court's attention during voir dire. And
8 if not at voir dire, then after the results of the Theresa
9 Trzskoma investigation.
10 This is absolutely a situation where the Brune &
11 Richard lawyers, on May 12, after the investigation that they
12 had, they looked at all the alternatives. We know because
13 Laurie Edelstein testified at the hearing, they considered the
14 three possible alternatives. They considered whether or not
15 they should do more investigation, and Susan Brune said no.
16 They considered whether or not they should bring it to the
17 Court's attention, and they said no. So they decided to do
18 nothing. And it is that conscious and deliberate choice that
19 we believe means that they made a strategic choice that cannot
20 form the basis of ineffective assistance of counsel.
21 How do we know in the government's view that this
22 indeed was a tactical choice? As this Court just pointed out
23 with regard to the questioning of Mr. Shechtman, they did not
24 bring that knowledge to the attention of the Court either in
25 the brief, where they made it appear as if they first learned
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300