Comment Re:Not a surprise (Score 1) 250
Given his poor defense, I'm really not all that surprised. Though I wonder how it will flesh out in appeals if he gets the death penalty. One might argue the poor quality defense would force a retrial if they can convince an appeals court of incompetence or something like that.
The "But my lawyers sucked!" argument very rarely works. If it did work, then a significant amount of defendants would deliberately get bad lawyers, roll the dice, and if they lose ask for a retrial. Even trying this trick by representing yourself as your own lawyer doesn't work. People tried that in the past and then when they lost, they argued that they had incompetence representation, namely themselves. I'm sure that his next set of lawyers will indeed argue that his defense was incompetent, but the odds of a court agreeing are pretty low. That kind of argument really only works when you can prove criminal misconduct or incompetence to the extreme, not just merely being dumb. You're allowed to have bad lawyers in the USA and yes, you often lose when that happens. His lawyers knew that they couldn't run the standard "He didn't do it so you have to prove it" argument so they gambled that maybe sympathy would work. It sounds stupid, but honestly, I don't see how it's worse than defiantly arguing "It was somebody else", especially in sentencing. All it takes is one juror to give him credit for admitting to it in the penalty phase and he can escape the death penalty. Well, I actually don't know the federal rule but most US states have an "all or nothing" rule in the death penalty where one dissenter can stop it.