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.