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since our last court appearance on June 12, 1990.”  Miller further related that “After a guilty verdict was rendered against the defendant, I contacted [court-appointed defense investigator Joel A.] Sickler to . . . update an earlier report by the California Appellate Project, interview all family members and potential penalty phase witnesses, and to inspect the defendants institutional record.  Mr. Sickler rendered his report on July 16, 1990.  His report reveals, in essence, [defendant’s] institutional record, and other facts about his family background contained in official documents.  No family member would consent to an interview.  [¶] This declaration is submitted so that the appellate Court will be aware of the posture of the defense as we proceed into penalty trial.”

Maple stated in his first declaration (July 17, 1990), among other things, that “On June 27, 1990 I was contacted by Harraletta Murphy, the oldest sister of defendant . . . indicating her concern about the health of defendant.  She related that she had received a telephone call from . . . a prisoner in the Los Angeles County Central Jail [relating] that defendant, after a visit by members of defendant’s family at the visiting screen of the jail, reportedly had been assaulted by deputy sheriffs in the jail and was in the hospital.  Harraletta Murphy requested that I investigate the matter.  I immediately contacted the Sheriffs medical facilities and was unable to confirm any hospitalization of the defendant.”  Maple went on to relate that he contacted Miller regarding the concerns of defendant’s family, and that Miller informed him defendant had been refusing visits from both Miller and defense investigator Sickler.  Maple then related that on July 11, 1990, he was contacted by Marcia Brunier, another sister of defendant who had visited him in the jail, and “Ms. Brunier confirmed that she and other members of the family had been advised by the defendant not to cooperate in any penalty investigation by defense investigators and Mr. Miller but that defendant would consent to a visit in the Central Jail Attorney Room by me [Maple] only.”

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