In re MARK COLLIN SODERSTEN PART II

In re MARK COLLIN SODERSTEN

Filed 1/17/07

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

STORY CONTINUED FROM PART I……….

B.        The Undisclosed Tape Recordings

            As previously described, during the course of his investigation in conjunction with the writ proceedings, petitioner's counsel came into possession of tape-recorded interviews of Nicole Wilson, conducted on March 3, 1986, and April 7, 1986; a tape-recorded interview of Lester Williams, conducted on December 1, 1984; and a conversation between Williams and petitioner that was surreptitiously recorded on December 14, 1984.^[1]

·              March 3, 1986, interview of Nicole Wilson

            The first portion of this interview was conducted by Phillip Cline, the trial prosecutor.  The second portion was conducted by his investigator, John Johnson.  Throughout the interview, Nicole's tone was often playful, with a singsong quality to it.  Sometimes she sounded reluctant; other times, bored, even when discussing the death of her mother.  Occasionally, she sounded sad.

            The interview began with Cline telling Nicole that he wanted her to pretend like they were in court.  When he asked her last name, she responded, â€