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Wearing microphone during trial was conflict and breach of confidentiality but defendant waived, so no IAC

By John Wesley Hall, Jr.

Defense counsel's wearing a microphone for television recording during defendant's trial created an actual conflict of interest and potentially violated confidentiality, but it was not ineffective assistance of counsel and defendant consented to the potential conflict. Commonwealth v. Perkins, 2008 Mass. LEXIS 233 (March 20, 2008): As an initial matter, we point out that there is no doubt that trial counsel's participation in the documentary produced by Lion was fraught with peril, both for counsel and for his client. We agree with the motion judge that counsel's arrangement with Lion to wear a wireless microphone during trial, and thereby permit an intrusion into confidential attorney-client communications, created an actual conflict of interest...continue to full post

Full post as published by Law Of Criminal Defense on April 29, 2008 (boomark / email).