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Maple continued in his declaration, “On July 12, 1990, after conferring with [Miller and Sickler] I visited [defendant] at the Central Jail Attorney Room in Los Angeles.  In the course of the interview with the defendant, I discussed the incident that occurred after the family visit at the Jail Visiting Screen which involved a complaint by the defendant about the visiting screen telephones which did not operate.  Mr. Snow confirmed that there was a physcial [sic] encounter between himself and members of the Sheriff’s Department because of his persistence in making a complaint about the visit.  Mr. Snow also confirmed that he refused interviews with Mr. Miller and the penalty phase investigator and indicated that he had advised members of his family not to assist in any investigation by the defense for the penalty trial.”

In his affidavit dated July 16, 1990 and appended to Maple’s July 17 declaration, defense investigator Sickler averred, among other things, that on June 7, 1990, Miller telephoned him and explained that he would be needed to conduct a penalty phase investigation after all.  Miller asked Sickler to review a California Appellate Project penalty phase type report that had been prepared by a California Appellate Project investigator, and “verify its contents and to update it.  He also asked me to interview Snow at the county jail, speak with members of Snow’s family, and inspect his institutional record.”  Sickler then explained, “My investigation began on June 8, 1990.  In the course of my work, I contacted several members of defendant’s family.  I was told by each family member that they (members of the Snow family) were instructed by the defendant not to cooperate with my investigation.  In fact, the defendant’s older sister, Harraletta Murphy, his father and step-mother, Fentress & Jacqueline Snow, told me in effect, that they would have no comment and would not grant me an interview.  In addition to speaking with Harraletta Murphy, Fentress Snow and Jacqueline

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