[CA] Did my defense suffer because my lawyers failed to obtain the accuser’s 2018 T-Mobile tower records?

Lexi, Chatbot

I understand how frustrating it must be to deal with delays in obtaining crucial evidence for your defense. have you and your public defender already filed any formal requests or motions to obtain these cell phone records?

Lexi, Chatbot

What specific charges are you facing in your case?

Lexi, Chatbot

Is there anything else the criminal lawyer should know before i connect you? rest assured they’ll be able to help with your sex case.

Hammad S. Esq.

Hi there. Pleasure to connect with you. Happy to help.

You’re right to be concerned — what you’re describing can raise serious due process and ineffective assistance of counsel issues, especially if those phone records could have shown evidence contradicting the accuser’s testimony. Let’s break this down carefully.

1. The core issue
You’ve been asking your public defender for the accuser’s cellphone or tower location records, which could show whether she was near or at your home after the alleged assault. You’ve asked for years, and now you’ve learned those records may no longer exist (cell companies typically keep tower data for about 1–3 years, sometimes less). That delay may have irreversibly prejudiced your defense — meaning your ability to prove your innocence has been harmed.

2. What the law says
Here’s the general framework that may apply (depending on your state):

A. Brady violation (U.S. v. Brady, 373 U.S. 83)
If the prosecution knew of potentially exculpatory evidence (like records showing she returned to your house) and failed to preserve or disclose it, that can be a Brady violation — a due process violation.

B. Ineffective assistance of counsel (Strickland v. Washington, 466 U.S. 668)
If your defense counsel failed to act with reasonable diligence (for example, by not subpoenaing or preserving those phone records for years despite your requests), that can be grounds for an ineffective assistance claim. You must show:
• Counsel’s performance was deficient, and
• The deficiency prejudiced your case.

3. Cell tower data retention
Most carriers keep:
• Call detail records: 1–5 years
• Text logs: 1–2 years
• Cell tower/location data: often 12–24 months

If no preservation request was made early, the records are likely gone, which can be damaging to your defense.

4. What you can do now
If still pending:
• File a Motion to Compel Discovery or Motion for Preservation and Disclosure
• Move to exclude testimony or seek sanctions if evidence is missing

If already convicted:
• Motion for New Trial or Postconviction Relief
• Argue ineffective assistance + lost exculpatory evidence

5. Document everything
Keep:
• All requests you made to PDs
• Their responses
• When you learned records were unavailable
• Why the records matter

6. Potential next step
Depending on the state, you may need a Marsden/Nelson hearing for ineffective assistance, or a habeas attorney for postconviction.

Hammad S. Esq.

Can you tell me the state you are in as well?

Hammad S. Esq.

California

Hammad S. Esq.

Since you’re in California, the legal framework for your situation is clear, and you may have two powerful grounds:

1. Ineffective Assistance of Counsel (Strickland; People v. Ledesma, 43 Cal.3d 171)
2. Loss or destruction of potentially exculpatory evidence (California v. Trombetta; Arizona v. Youngblood)

Your defense: 

You repeatedly told your PDs for 4 years to get the accuser’s Feb-2018 tower records. They failed to obtain them while they still existed. That failure permanently prejudices your defense.

California standards

A. Ineffective Assistance (Ledesma)—must show:

• Counsel’s representation fell below an objective standard
• Reasonable probability of a different outcome but for the errors

B. Lost exculpatory evidence (Medina; Roybal)—courts consider:

• Materiality
• Bad faith (not required for IAC)
• Prejudice to defense

How to raise it

If still pretrial:

• File a Marsden motion
• File a motion to dismiss or motion for sanctions

If already convicted:

• Habeas petition or PC §1473 petition

Hammad S. Esq.

That’s a very good and fair point — and you’re right.

If your PD has been switched several times, the current PD isn’t responsible for earlier failures. But the public defender’s office and the court still must address the prejudice caused.

1. Responsibility: Each PD is only responsible for what they did while assigned. Earlier PDs failing to obtain records still creates a constitutional issue.

2. What you can do now: Tell your current PD (in writing) that the delays harmed your defense. Ask them to preserve the issue on the record for appeal.

3. If you feel prejudiced: You can ile a written complaint with the PD office supervisor. You can also request a Marsden hearing to tell the judge your representation has been inadequate

Hammad S. Esq.

Exactly — that’s the practical strategy.

Step 1: File subpoena

• Request the tower/location data
• Include a declaration documenting your repeated requests
• Likely return: “Records no longer available.”

Step 2: Show prejudice

• File motion for sanctions or evidentiary relief
• Argue delay by prior counsel caused loss of evidence
• Cite Strickland, Ledesma, Trombetta, Youngblood

Step 3: Request relief

Depending on case stage:

• Evidentiary sanctions
• Replace PD (Marsden)
• New trial or dismissal if already convicted

Summary:

• Subpoena the records
• Get official “unavailable” confirmation
• File motion for sanctions
• Document your diligence and how evidence supports innocence

Hammad S. Esq.

You are most welcome. Does that address your posted question above?

Hammad S. Esq.

Fantastic. Have a wonderful evening!