As has been stated here many times, the attorney cannot use ANYTHING for an appeal. The appellate court does NOT consider new evidence or new tactics; they are there STRICTLY to review the trial procedures.
The only way any "new evidence" can be brought to trial is if the appellate court orders a retrial.
As most people here will tell you (even some of the Westy-whackos) there is very little chance that will happen in this case.
"The appellate court does NOT consider new evidence or new tactics; they are there STRICTLY to review the trial procedures."
Thanks... I didn't know... That is reassuring...