TRIAL COUNSEL WAS INEFFECTIVE FOR NOT PRESERVING THE ISSUE OF SUFFINCIENCY OF EVIDENCE TO SUPPORT THE CONVICTIONS OF MURDER

In viewing the evidence,even giving commonwealth all inferences, there was absolutely no evidence of shared intent for the crime of murder and no evidence of malice, and trial counsel Robert J. Donatoni was completely ineffective for not preserving the serious issues of insufficiency of evidence as to the charges of murder, and conspiracy to commit murder, since there was no shared intent, and the evidence supported the fact that the murder was an independent act

TRIAL COUNSEL SUGGESTED TO JURY DEFENDANT WAS GUILTY OF THIRD DEGREE MURDER

Trial counsel was completely ineffective for suggesting to jury that defendant was guilty of third degree murder and admitting malice, since there was no evidence of shared intent, or agreement to commit murder.

The murder was an independent act, and defendant was not guilty of any degree of murder.

Trial counsel Robert Donatoni undercut his case that Brandon Simmers was not involved in the murder when he admitted the third degree murder and shared intent.


Trial Counsel Robert Donatoni was ineffective because there was absolutely no evidence of shared intent on this record.

Brandon Simmers testified that he attempted to grab the gun to stop the shooting. Mr. Simmers then ran to the car flipping out, and screaming why the fuck did you shoot him. Both Commonwealth key witnesses Daniel Jones and Tammy Russum confirmed this in their original statements given to Chester county detectives.

The prejudice is clear. Not only did trial counsel Robert Donatoni undercut his defense, he had no basis for admitting murder of the third degree. The shooting was an independent act which Brandon Simmers tried to prevent after the robbery was complete.

Trial counsel was clearly ineffective for making such an admission. In viewing all the evidence, there was absolutely no evidence of shared intent for the crime of murder, and no evidence of malice. In fact the evidence supports Brandon Simmers position that he did not contemplate a murder, did not participate in it, and was extremely distraught that it had happened.

The evidence supports that the murder was an independent act.

Trial counsel Robert Donatoni so undermined the truth determining process that no reliable adjudication of guilt or innocence could have taken place.

TRIAL COUNSEL ALLOWED INTRODUCTION OF HIGHLY PREDJUDICIAL BLOODY GORY PHOTOGRAPHS THAT SERVED NO PROBATIVE VALUE

Trial counsel Robert Donatoni was completely ineffective for allowing highly prejudicial, bloody, gory, inflammatory photographs and video that served no probative value whatsoever.


Defendant Brandon Simmers was not on trial for the murder, however video of the victims body, as well as autopsy photographs were shown to the members of the jury. These photographs and video served no probative value, and only served to prejudice the defendant Brandon Simmers.


These photographs and video were used to elicit sympathy by the prosecution, and Trial counsel was completely ineffective for allowing their introduction.


The video and photographs were extremely gruesome and were clearly inflammatory. There was absolutely no reason to show these to the jury as they were highly prejudicial, and did not aid the Commonwealth's case, but they prejudiced the defendants case because they were so inflammatory.


There was no need to show these photos or video, since the cause of death and manner of death were not disputed.

TRIAL COUNSEL FAILED TO REQUEST CORRUPT AND POLLUTED SOURCE CHARGE

Trial counsel Robert Donatoni was completely ineffective for failing to request a corrupt and polluted source charge. Commonwealth witnesses testified in exchange for lighter sentences, and Danny Jones was given complete immunity. He had an obvious interest in the outcome of the case.

The key witnesses against the defendant Brandon Simmers were clearly accomplices. Under Pennsylvania law the testimony of an accomplice warrants a jury instruction. the instruction provides a tool for the jury to know how to handle and consider the testimony of testifying accomplices.

"The testimony of the accomplice should be looked upon with disfavor because it comes from a corrupt and polluted source. Experience shows that after being caught in the commission of a crime a person may falsely blame others because of some corrupt and wicked motive. This charge should be given automatically where the Commonwealth witness has admitted guilt, or has been convicted of the crime, or where the evidence clearly indicates his complicity".

The key witnesses were both present and both participants. It was critical that the jury be given the accomplice liability charge that the testimony of Commonwealth key witnesses be considered with care and caution since it came from a corrupt and polluted source.

The Pennsylvania supreme court has clearly indicated that failure to give an accomplice corrupt and polluted source charge is reversible error. " whenever there is a reasonable possibility that an error might have contributed to the conviction the error is not harmless"

It is clear there is prejudice in this case, because the jury was not instructed how to evaluate the testimony. Trial counsel Robert Donatoni had no basis for not requesting charge. He so undermined the truth determining process that no reliable adjudication of guilt or innocence could have taken place.

TRIAL COUNSEL FAILED TO IMPEACH COMMONWEALTH WITNESSES

Trial counsel Robert Donatoni was completely ineffective for failing to impeach Commonwealth witnesses. Commonwealth witness Danny Jones was given immunity in exchange for his testimony. He has an extensive list of priors, and was in fact arrested for assault shortly after making a deal with the prosecutor, and defense counsel Robert Donatoni failed to impeach this witnesses denying defendant Brandon simmers his due process rights, and completely undermining the truth determining process so that no reliable adjudication of guilt or innocence could have taken place

TRIAL COUNSEL FAILED TO PROPERLY CROSS EXAMINE COMMONWEALTH WITNESSES WHILE ALLOWING PROSECUTION TO LEAD

Trial counsel was completely ineffective for failing to cross examine Commonwealth witnesses while allowing prosecution to lead. Commonwealth witnesses gave rehearsed testimony that was coached by the prosecution. Their original statements given to detectives were the complete opposite of their testimony given at the trial. Trial counsel Robert Donatoni should have cross examined these witnesses and objected to the perjured testimony given, He instead did nothing while allowing the prosecution to lead with loaded questions.

TRIAL COUNSEL FAILED TO DO PRETRIAL DISCOVERY

Trial Counsel Robert Donatoni was completely ineffective for failing to do pretrial discovery. Commonwealth witnesses changed their testimony at the trial, and the prosecution made several crucial misstatements of evidence and introduced defective priors. Defense attorney Robert Donatoni would have been aware of this and should have acted, however he failed to do pretrial discovery. There is no way any reliable adjudication of guilt or innocence could have taken place. Trial Counsel Robert Donatoni's ineffective assistance of counsel rendered the whole truth determining process unreliable, and defendant Brandon Simmers was denied his due process rights.

TRIAL COUNSEL FAILED TO CALL CHARACTER WITNESSES

Trial counsel Robert Donatoni was ineffective for failing to call character witnesses. He failed to prepare any defense whatsoever and Brandon Simmers was denied his due process rights. There were individuals who were prepared to testify to the defendant Brandon Simmers character, and again let the jury decide what they believe to be the truth, but Trial Counsel Robert Donatoni called no one.