An alibi witness is important because its the best defense you can have, Syed's atty tells the court.
Court asks: is it conceivable that defense determined she had a better alibi witness than McClain?
Court asks: is it conceivable that defense determined she had a better alibi witness than McClain?
The reasons the state has offered for why counsel might have thought she had a better alibi - all of that was based on state's presumptions around trial strategy, Syed's atty says.
"When a lawyer makes a significant error at discovery stage, you cant look to trial later to determine whether that error was/was not deficient."
All of the other possible reasons the state has floated - all have to do with trial strategy, she notes.
All of the other possible reasons the state has floated - all have to do with trial strategy, she notes.
Court notes inconsistencies in what Syed said about whether he drove to school or was relying on rides, which calls the alibi into question.
Syed's atty says, nonetheless: "You can't make a reasonable decision about what trial strategy you're going to engage in...
Syed's atty says, nonetheless: "You can't make a reasonable decision about what trial strategy you're going to engage in...
"...without calling an alibi witness and asking if that testimony is going to help your case. That's what ABA standards say."
