It would be shockingly unethical for a defense attorney to cut any deal inimicable to their client.
I wouldn't swear it's never happened, but I've not personally seen it.
In any case, with this particular defendant, it would hardly be worth the effort, as he was a die-hard . . . . well, I'm not sure about the language restrictions on this forum. Dirt-bag is probably OK, right?
Shortly after this case, the same defendant picked up a 40-year sentence for a different murder.
So, they had plenty of ways to nail this guy down without having to go through the contortions of reading a statute backwards only to be humiliated by the state supreme court.
But, really, I guess we'll never know.
The lesson is the same, though. Know the law.
Andrew
__________________
Andrew F. Branca, Attorney at Law (MA)
www.lawofselfdefense.com
This message does NOT constitute legal advice, and does NOT establish an attorney-client relationship/confidentiality.
If you have an immediate need for legal advice, consult a competent attorney in your jurisdiction.