The Freedom Bulletin

Another day, and more arguments in the hearing on Gary Sampson’s 2255 petition for a new trial. I wasn’t there for the entire time, but today seemed to feature Sampson’s least persuasive arguments. The judge, Mark Wolf, actually said, “Mr. Sampson’s counsel has done a good job. They put the weakest arguments towards the end.”

Here are a few of today’s apparently not so good arguments by Sampson’s defense team:

First, Sampson’s lawyers argued that his trial lawyers failed to investigate the effects of Depakote on his demeanor, or to offer testimony to explain his demeanor to the jury. According to various news reports, Sampson had a “flat affect,” showed no remorse or emotion, and looked bored during his trial. Sampson’s lawyers today argued that the medication caused this behavior, and that his trial lawyers should have called an expert witness to explain this to the jury. Prosecutors, however, argued that Sampson was only taking Depakote for his headaches, that his bipolar disorder and not the medication caused his unsympathetic demeanor, and that despite the medication he did show emotion, crying when the death penalty verdict was announced and yelling at officers in jail. Judge Wolf indicated informally that this claim might deserve further arguments and might not be summarily dismissed.

Sampson’s attorneys also claimed that the jury had seen the victims’ bloody shirts, which would be prejudicial. Judge Wolf, who was also the trial judge, excluded the shirts, but one might have been briefly visible during a doctor’s testimony. Sampson’s then-lawyers failed to move for a curative instruction or a mistrial.

Additionally, Sampson’s team argued that his trial lawyers failed to adequately investigate and develop evidence of his brain damage by conducting more detailed testing. Prosecutors tried to shoot down this claim, praising the trial attorneys’ good lawyering and thorough testing.

On Monday, Sampson’s lawyers presented what the judge likely considers their strongest arguments – that his trial attorneys failed to present enough evidence of his background, mental illness, and brain damage. In order for Sampson to get a new trial, all of these alleged mistakes by the trial lawyers must add up to actual incompetence, and there must be a ”reasonable probability” that if it weren’t for this incompetence, the jury would have reached a different verdict, namely life in prison instead of the death penalty.

Tomorrow I probably won’t have a Sampson update because I’m going to watch Thomas Mortimer’s arraignment. I’m not sure how long these hearings will go on or when the judge will issue his ruling. This sure has been a busy week for trials .