Ineffective Counsel 2017-01-28T09:21:10+00:00

NO EVIDENCE, NO JURY, NO JUSTICE

THE WRONGFUL CONVICTION OF JEREMY BARNEY

INEFFECTIVE COUNSEL

Contrary to the wishes of Jeremy and his family — who asked for a plea of not-guilty, and for the case to be taken to trial — Defense Attorney Steven A. Somerstein entered a plea of “no contest” and agreed to a bench trial (a trial in which there is no jury, only a judge).

The case files indicate that Somerstein’s notes amounted to three hand-written pages. Additionally, he hired a court consultation service and one alleged expert on pedophilia. The former recommended a treatment program for juvenile sex offenders. The latter opined that Jeremy was in denial about his pedophiliac urges, but acknowledged that Jeremy’s denials might be explained by his factual innocence.

At sentencing, Somerstein made multiple references to his client being guilty, despite Jeremy’s unwavering claim to the contrary. [5A] Somerstein also indicated that he had already discussed his client’s “guilt” in earlier closed-door talks with both the prosecutor and the judge.

On 10 June 2005, the court proceedings lasted roughly an hour. Judged a remorseless child rapist, Jeremy was sentenced to maximum-security prison for twenty years.

Somerstein billed the Barney family in excess of $40K.

READ NEXT:
THE CASE TODAY