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http://blogs.courant.com/rick_green/2010/07/original-lawyer-testifies-in-l.html

Original Lawyer Testifies In Lapointe's Bid For New Trial

 

One of Richard Lapointe's original lawyers testified Wednesday morning that he failed to make use of what may be critical exculpatory evidence in the disabled dishwasher's 1992 trial in the death of Bernice Martin.

 

Christopher Cosgrove, now a public defender in Litchfield, also said that he was unaware of notes from an arson investigator that could have supported an alibi for Lapointe.

 

Lapointe's lawyers say he deserves a new trial because this fire evidence was not made available by police before the first trial.

 

"It would have supported the alibi that (Richard's wife) Karen initial story had given," Cosgrove said.

The arson investigators notes suggest a 30 to 40 minute burn time for a fire set at Bernice Martin's apartment. A fire burning that long would have made it impossible for Lapointe to set, his lawyers say, since he would have been back at home.

 

"He couldn't have started it," Cosgrove said.

 

The hearing before Judge John Nazzaro on whether Lapointe deserves a new trial continues today and tomorrow.