Legal Question in Criminal Law in New York

What can we do to help

My wife Dianne Odell was convicted on three charges of second degree murder, her lawyer admits he didn't defend her well, he put up no witnesses, the judge said two months before the trial that he was going to give her the max. and her lawyer did nothing, he with held statements that there was a witness to the whole things and really did nothing to fight for my wife. We are appealing and I am wondering what we can do to help get attention on the case and try to help my wife get home? and if there is anything that we can do legally about the lawyer and judge??


Asked on 2/10/04, 9:05 pm

3 Answers from Attorneys

Robert Evans Robert S. Evans esq.

Re: What can we do to help

My immediate advise is to file or have filed for your wife a notice of appeal, this will not require any great specifics. Next I would then investigate the situation fully that being the events leading to the incident.The subsequent trial and finally the filing of a corum-nobis or an ineffective assistance of counsel motion.

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Answered on 2/12/04, 12:22 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: What can we do to help

This is a very serious matter. I disagree with Eric Rothstein, although he indicates familiarity with the case through the internet and I have not followed the case at all.

There is help available. I can think of several ways to leverage your resources and get the help you need to get a new trial (which is your goal - that is the only available remedy at this point in the case, besides an appeal).

I want to ask several questions. (1) although your lawyer put forward no witnesses, I want to ask if he asked questions of the prosecution witnesses?

(2) How do you know the statemenmt of the judge? was this recorded or are there witnesses?

You must send in your 'notice of appeal IMMEDIATELY. Do not wait. Any letter to the AD stating "I D. Odell (or your name speaking as her husband and representative in this matter) want to appeal my conviction and sentence". That statement is enough at this point in time. No detail is needed, just a simple statement indicating your name and address and that you want to appeal the conviction and sentence of case number xxxxxx-03n of x county of new york.

Then get back to me and I will speak with you. You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 2/11/04, 6:08 pm

Re: What can we do to help

From what I read about your wife's case on the internet it will be very difficult for you to gain any sympathy from the press. You can pursue an ineffective assistance of counsel claim. Your best bet would be to hire a lawyer to review the entire case from scratch. This would be very expensive. If you cannot afford an attorney, the court will appoint an attorney to pursue the appeal but I do not know if the court would authorize the funds necessary to investigate the case from scratch.

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Answered on 2/10/04, 9:25 pm


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