With a very weak defense from his trial attorney, Gary Leiterman pleaded with his family to find a new lawyer.
"We regret very much how unprepared we were on the first trial; we placed our trust in a lawyer that was so inexperienced, he failed to obtain the appropriate discovery for a diligent review and defense of this case.
Needless to say, that very weak defense ultimately led to my husband Gary’s wrongful conviction and life imprisonment without the possibility of parole. Justice was not served; not for my husband Gary, and not for the victim and her family." - Solly Leiterman, Gary's Wife
Here is a sample list, taken from a letter from Gary Leiterman, regarding failures his trial attorney committed. You can judge for yourself. To view the entire letter from Gary - click here - right click and "save target as" to download the PDF or left click to open in a new window.
"Defense Counsel's Ineffectiveness (Trial Attorney)"
- Failure to discuss with defendant IV Amendment issues; search and seizure
- Failure to discuss with defendant pro’s and con’s of testifying
- Failure to discuss with defendant the proffer of an alibi
- Failure to discuss with defendant the waiver/forfeiture of MCR 6.414 (J)
- Failure to include defendant in trial court discussion of foreclosure of MCR 6.414 (J)
- Failure to consult with defendant on decisions, i.e., retention of Dr. Krane as a DNA expert
- Failure to heed defendant’s directive to not have Dr. Krane testify
- Failure to object to admission of .22 cal. bullets into evidence
- Failure to rebut prosecution's impeachment of defendant's DNA expert
- Failure to rebut prosecutor's impeachment of defendant’s handwriting expert
- Failure to object to prosecution’s prejudicial display/parading of victim's clothing
- Failure to object, to trial court, the DNA data that was not turned over "forthwith" as ordered by the court
- Failure to object to, or- request a Daubert hearing on, the unreliable DNA evidence
- Failure to object, pre trial and during trial, the unreliable handwriting evidence/testimony
- Failure to object to prejudicial words "angry" and "lonely"
- Failure to object to lack of chain of custody of towel
- Failure to explore Dr. Krone's testimony, i.e., defendant’s DNA vs. victim's absent DNA
- Failure to extensively & aggressively cross examine prosecution's handwriting expert
- Failure to submit timely alibi defense
- Failure to give a clear, concise and organized closing argument
- Failure td point out, in his closing argument, key evidence that exonerated defendant, i.e. lime green station wagon
To view the entire letter from Gary - click here - right click and "save target as" to download the PDF or left click to open in a new window.