PEOPLE v. LYNCH





















Filed 8/12/10









IN THE SUPREME
COURT OF CALIFORNIA







THE PEOPLE, )

)

Plaintiff
and Respondent, )

) S026408

v. )

)

FRANKLIN LYNCH, )

) Alameda
County

Defendant
and Appellant. ) Super. Ct.
No. H-10662

__________________________________ )





Story continued from part I…..





At
the August 1 hearing, defendant said that he had been incarcerated for
nearly four years. Despite defense
counsel's statements to defendant when they began representing him that they
would work closely with him on tactical decisions, this had not occurred, and
defendant had not been informed of defense counsel's strategies and
preparation. As a result, defendant
lacked confidence about proceeding to trial with his present attorneys. Defendant noted that Mr. Ciraolo
had only met with him a few times during his nearly four years of
incarceration, and refused his telephone calls.
Counsel did not adopt defendant's suggestion made during the preliminary
hearing of hiring a Black investigator, which he believed would make Black
witnesses less reluctant to be interviewed.
He further observed that at the preliminary hearing defense counsel had
failed to call any of defendant's suggested witnesses or expert witnesses, had
not presented an affirmative defense despite defendant's request to do so, and
had failed to promptly investigate evidence presented at the hearing which
could have resulted in â€