(dissenting).
I respectfully dissent. The appellant was not afforded the effective assistance *419of counsel. The standard described by the word “effective” does not, of course, require a type of representation capable of achieving acquittals regardless of the facts. Johnson v. United States, 506 F.2d 640, 646 (8th Cir. 1974) (dictum), cert. denied, 420 U.S. 978, 95 S.Ct. 1404, 43 L.Ed.2d 659 (1975). But neither does the standard countenance a failure of professional responsibility when the evidence of guilt, as shown by the record made, is strong. Cf. McQueen v. Swenson, 498 F.2d 207, 214 n.10 (8th Cir. 1974). The standard applied in this Circuit, the “mockery of justice” standard, is not to be taken literally. Id. at 214. Rather, a searching analysis of the facts of each case is required to evaluate the possible constitutional violation, with the appellant bearing the heavy burden of proving unfairness. Id. Accord, United States v. Hager, 505 F.2d 737, 379 (8th Cir. 1974); Garton v. Swenson, 497 F.2d 1137, 1139 (8th Cir. 1974). The appellant has met that burden here.1
Ignored by the majority is the defense counsel’s utter lack of pretrial investigation. Faced with an alibi defense, counsel made no effort to find evidence corroborative of the appellant’s testimony, and none was introduced. Indicative of this lack of diligence was counsel’s failure to file motions for discovery and inspection until the day before trial. This failure to make a reasonable pretrial investigation is, itself, ineffective assistance of counsel. See McQueen v. Swen-son, supra.
But perhaps more damaging to the appellant was the defense counsel’s failure to move before trial to suppress the identification testimony of Kucera: testimony that could have been impermissi-bly influenced by previous photographic viewing of the defendant. Instead, counsel chose to attack Kucera’s testimony in open court before the jury and supported, rather than detracted from, the government’s case. In my view, such procedure does not evidence a “respectable job of testing * * * the identification of the defendants as participants in the criminal act charged in the indictment.” Supra at 418. Rather, it shows an abdication of professional judgment which resulted from ignorance of the government’s case. No justification can be offered to support this “tactical” decision of the defense counsel. See McQueen v. Swenson, supra at 216.
Finally, the record shows the defense counsel’s total failure to effectively cross-examine the government witnesses and to object to improper testimony. Especially telling is the failure to request a limiting instruction of Webster’s testimony indirectly implicating the appellant in the crime. Such a request should have been anticipated, for Webster’s statement was made available to the defense before trial.
Considering the appellant’s assignment of constitutional error in light of the entire record, I would find that he had been denied his right to the effective assistance of counsel and would reverse the conviction.
. While not dispositive of this appeal, the representation of both of the defendants is reflective of the defense counsel’s insensitivity to the best interests of Valenzuela.
* * * Although there may be some situations where it will be mutually advantageous to the defendants to have a single lawyer represent them, the risk of an unforeseen and even unforeseeable conflict of interest developing is so great that a lawyer should decline multiple representation unless there is no other way in which adequate representation can be provided to the defendants.
ABA Standards, The Defense Function, § 3.5 at 214 (Approved Draft, 1971).