Ethan Mack seeks new trial, citing 'ineffective counsel'

Ethan Mack during the 2010 trial.
Ethan Mack during the 2010 trial.

CHARLESTON, SC (WCSC) - A man convicted for voluntary manslaughter last year for his role in the 2009 death of 28-year-old Kate Waring is seeking to have his conviction tossed out because of "ineffective assistance of counsel."

Court documents filed in October 2011 indicate that Mack feels his attorney in the case, David Aylor, didn't do a satisfactory job in defending him.  The 32-year-old convict is serving a 25-year sentence at Perry Correctional Institution in Pelzer.

He was sentenced last April after entering an Alford plea, an instance where the defendant doesn't admit guilt but concedes there is enough evidence to convict him.

Mack offers a number of criticisms of Aylor's work in the case, including but not limited to: failing to file appeal on his behalf, failure to challenge the chain of custody of the alleged evidence, and failing to challenge the statements provided by his co-defendant, Heather Kamp.

Mack also asserts that he was the victim of malicious prosecution by the Ninth Circuit Solicitor's Office.

When reached for comment, Aylor said, "This is a fairly common tactic for individuals incarcerated for such a period of time.  As far as the case is concerned, I stand by the efforts put forth with Mr. Mack and every other client I represent."

No hearing has been set.

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