Ineffective assistance of counsel; Failure to investigate; Failure to call witnesses; Distinguishing People v Trakhtenberg; Trial strategy; Cross-examination; People v Rockey; CSC III; MCL 750.520d(1)(a)

The court held that defendant failed to establish that he was denied the effective assistance of counsel. Defendant was convicted of CSC III for sexually abusing his sister’s 13-year-old stepdaughter on three occasions while she and her family were temporarily living at defendant’s grandmother’s home. On appeal, the court first rejected defendant’s claim that counsel failed to consult key witnesses or properly investigate because defendant did not provide affidavits or other record evidence showing that the proposed witnesses were willing to testify or what favorable testimony they would have given. The court explained that “‘[w]ithout some indication that a witness would have testified favorably,’” defendant could not show that counsel’s failure to call the witness affected the trial outcome. The court next held that counsel adequately cross-examined the victim’s father, noting that counsel contested the “locations of the sexual abuse incidents,” the “nature of the assaults,” the “number of ejaculations,” whether the father recorded the victim’s statement, and whether she was coached. The court further rejected defendant’s reliance on Trakhtenberg because, unlike that case, the record showed defense counsel investigated and prepared for trial, including by addressing the forensic interview, police report, and details of the victim’s allegations. The court also distinguished the need for an expert in Trakhtenberg, reasoning that the victim here was subject to only one forensic interview, testified she was comfortable disclosing the abuse without significant prompting, and there was no indication that anyone had animus toward defendant or an opportunity to influence her. Affirmed.