Commonwealth v. Garcia

When former trial counsel testified, at a hearing on the defendant’s motion for a new trial due to ineffective assistance of counsel, that “it is not my practice to talk to government witnesses” and that he puts on his own witnesses “cold,” the first prong of Saferian1 was essentially established. *168When trial counsel failed to interview and call a witness who, in part, directly contradicted the allegations of a complainant, the judge did not abuse his discretion in allowing the motion, determining that the second prong of Saferian was also met.

Facts. The defendant, a former part-time teacher…