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.