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Appeals Court Hears Claim That Defendant’s Hearing Loss Made Trial Counsel Ineffective
Summary
In Commonwealth v. Horsley, defense counsel told the Appeals Court that Raymond Horsley missed portions of his trial because of severe hearing loss and that trial counsel failed to secure accommodations; the Commonwealth urged deference to the trial judge’s credibility findings. The court requested missing affidavits and took the case under advisement.
A Massachusetts Appeals Court panel on Wednesday heard arguments from defense counsel Dan Ciccarello that his client, Raymond Horsley, suffered from hearing loss during his bench trial and therefore received ineffective assistance of counsel. Ciccarello said Horsley twice told the trial court he could not hear and that an audiologist’s affidavit shows long‑standing impairment. He argued that the trial lawyer and judge were on notice and should have inquired further or obtained…
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