Murder Defendant Petitions for New Trial in 2011 Stabbing Case Due to Ineffective Counsel

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“Good attorneys sometimes make mistakes,” said Nancy S. Forster as a Baltimore man convicted of first-degree murder in 2011 petitioned the court for a new trial before Baltimore City Circuit Court Judge Lynn Stewart Mays.

On Feb. 9, defendant Michael Wiggins petitioned the court for a new trial citing ineffective counsel.

Forster, who now represents the defendant, listed issues such as complex jury instructions and failure by the defense counsel to object to compound questions as a reason for a new trial.

Forster insisted that eight of the twelve jurors did not stand or answer questions before the judge during the selection process.

Forester responded saying, the only way a juror would stand is if they decide they cannot be impartial.

“We cannot look in hindsight,” said the assistant state’s attorney during her rebuttal, and insisted the case has been “arguably finally litigated.”

According to The Baltimore Sun, Wiggins, now 39, was convicted of first-degree murder in October 2011 and received a sentence of life in prison for the fatal stabbing of 21-year-old Darius Ray on the 2400 block of Maisel Court.

In his 2011 trial, Wiggins was represented by public defender Rosemary Ranier.

The defendant allegedly attended a 21st birthday party for the victim without an invitation where a fight occurred. Forster alleges that the victim approached Wiggins with a “small sword” while the defendant was being removed from the apartment. Wiggins returned approximately five minutes later and then fatally stabbed Ray.

“He had no reason to go back to the apartment,” commented the assistant state’s attorney

A decision on Wiggins’ petition for a new trial will be available “within a reasonable amount of time,” said Judge Mays.