Investigation and effective assistance

I read a new case today that was disturbing not in its holding, but in the underlying facts.  In Commonwealth v. Garcia, the Massachusetts Court of Appeals found a criminal defense lawyer ineffective.  Here is why:

 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," . . .  When 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, . . .

That is the first paragraph of the decision.  It gets no better as it continues.  The defendant was charged with three counts of Indecent Assault and Battery on a child under the age of fourteen, which even in Massachusetts are very serious allegations.

The attorney stated at the hearing that it is not his "practice" to interview witnesses before trial, and prefers to put them on "cold".  Furthermore, when asked how he would know who to put on as a witness, he said "I always interview my client." 

In my experience the client, while sometimes a good source of information and investigative leads, is more often a very poor source of the kind of information that is ultimately helpful at trial.  It is often months into a case before a client will begin to open up to his or her lawyer, especially in court-apointed cases.  

I use an investigator with whom I have built a strong relationship over the years, who has proven to be an important asset time and again.  I cannot imagine relying solely on my client's story in a case such as the one in Garcia.  Even in what appeared to be "simple" cases, the investigator has found witnesses or evidence that completely changed the case, in the defendant's favor.  I can't imagine a criminal defense attorney whose practice is to not investigate, to not interview witnesses, to not prepare them to testify, and to rely solely on his client for information.