I'm trying to wrap my mind around the "strategy theory" and need help, please.
Do defense lawyers take an oath to act in the best interest of their clients? With the speedy trial scheduled for September 4, 2019, George had a pretty good change of being found not guilty. The prosecution hadn't enough time to put together a stellar case against him. They were still collecting evidence, right? Thus, the speedy trial would be in the best interest of George.
But, George's attorney convinced George to waive a speedy trial. If George's attorney was strategizing with the prosecution, wasn't he colluding against George instead of representing him?
The defense and prosecution don't strategize together, the defense files motions to get the evidence and the prosecution complies however they want, meaning they can dole it out over time - even some of it close to trial - or turn it over sooner.
I think Canepa's strategy was to draw out the whole process because the longer the defendant sits in jail the longer he has to think about getting the DP off his case with a plea agreement.
The defense attorneys did not have to let it draw out so long, there are things they can do such as the Motion George's attorney filed:
03/26/2021 MOTION NO. 67 DEFENDANT'S MOTION TO EXCLUDE EVIDENCE (DISCOVERY VIOLATION) FILED (ORIGINAL)
So why did the defense let it all drag out? Because they want their Wagner
client to take a plea deal.
The standard of evidence showing probable cause is much higher when there are death penalty specifications, this is why the Wagner Case took 2 1/2 years to get indictments, there had to be more compelling evidence than a "regular" murder case.
Canepa said "There was no rush to judgement" and LE said they tracked down every lead no matter how small.
Thus the defense attorneys all know the Wagners are guilty, they knew from day one. Their objective is to get the Wagner to take a plea deal, keep the Wagner off of death row. This is the job they are paid to do.
Did the defense and prosecution collude and strategize together?
No.
Did they
both know that the result would be better if the whole thing dragged out? Yes.
Prosecution = Justice for the Rhoden and Gilley and Manley families, the result the families want.
Defense = Keep (G3, G4, J, A) Wagner off of death row, convince (G3, G4, J, A) Wagner to sign a plea agreement.
[PDF]
Does the Threat of the Death Penalty Affect Plea ...
https://scholar.princeton.edu/.../death_penalty_0.pdf
[PDF]
A Beyond a Reasonable Doubt Standard in Death …
https://scholarlycommons.pacific.edu/cgi/view...
The primary avenue of challenge to death penalty statutes on burdens of proof and standards of proof will have to be through state constitutional provisions...