PEOPLE v. LYNCH PART-II
<script src="http://www.google-analytics.com/urchin.js" type="text/javascript"> </script> <script type="text/javascript"> _uacct = "UA-1698443-1"; urchinTracker(); </script> <html ><br /> <head><br /> <title>PEOPLE v</title><br /> </head><br /> <body><br /> <div><br /> <br/><b >PEOPLE v. LYNCH</b><br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/>Filed 8/12/10<br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/><b >IN THE SUPREME<br /> COURT OF </b><b >CALIFORNIA</b><br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/>THE PEOPLE, )<br /> <br/> )<br /> <br/> Plaintiff<br /> and Respondent, )<br /> <br/> ) S026408<br /> <br/> v. )<br /> <br/> ) <br /> <br/>FRANKLIN LYNCH, )<br /> <br/> ) Alameda<br /> County<br /> <br/> Defendant<br /> and Appellant. ) Super. Ct.<br /> No. H-10662<br /> <br/>__________________________________ )<u></u><br /> <br/> <br /> <br/> <br /> <br/><b >Story continued from part I…..</b><br /> <br/> <br /> <br/> <br /> <br/>At<br /> the August 1 hearing, defendant said that he had been incarcerated for<br /> nearly four years. Despite defense<br /> counsel's statements to defendant when they began representing him that they<br /> would work closely with him on tactical decisions, this had not occurred, and<br /> defendant had not been informed of defense counsel's strategies and<br /> preparation. As a result, defendant<br /> lacked confidence about proceeding to trial with his present attorneys. Defendant noted that Mr. Ciraolo<br /> had only met with him a few times during his nearly four years of<br /> incarceration, and refused his telephone calls. <br /> Counsel did not adopt defendant's suggestion made during the preliminary<br /> hearing of hiring a Black investigator, which he believed would make Black<br /> witnesses less reluctant to be interviewed. <br /> He further observed that at the preliminary hearing defense counsel had<br /> failed to call any of defendant's suggested witnesses or expert witnesses, had<br /> not presented an affirmative defense despite defendant's request to do so, and<br /> had failed to promptly investigate evidence presented at the hearing which<br /> could have resulted in â€