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Snow, I telephoned Marcia Brunier (a sister), Barbara Snow (a sister), Benito Snow and Keith Snow (both brothers).  Messages were left for each on approximately three occasions.  As of July 16, 1990, I did not receive a return phone call or any sort of reply from these family members.”

Sickler also reported in his affidavit that he had attempted to visit defendant in the Central Jail on July 2, 1990, and was told by the deputy on duty that defendant was refusing to see him.  Last, Sickler related that, “while I was unable to interview Snow or any members of his family, I was able to retrieve and inspect various public records which detailed Snow’s personal history.  These records were obtained from the California Department of Corrections, California Youth Authority, Los Angeles County Recorder, Pasadena Board of Education, Pasadena City College, City of Pasadena, Bushnell Optical (a private company), California Appellate Project, and the Kansas City, Missouri, Division of Vital Records.”

In his second declaration, filed July 18, 1990, Maple stated, “On July 17, 1990, I discussed with [defendant] the impact of [defendant’s physical encounter with sheriff’s deputies in the jail visiting room], if known to the prosecution, as probable rebuttal evidence to any testimony that might be offered on his behalf by penalty investigator Joel A. Sickler and shared with him the results of [Sickler’s] investigation which contained much favorable information concerning his [defendant’s] conduct while in custody over the years.”  Maple then explained that he was still trying to learn additional information about the “physical encounter” incident from the jail inmate who had reported it to defendant’s sister, but that the inmate was refusing an interview with him.  Maple stated, “I told my client that in my judgment under the circumstances and present posture of the case, that no defense material should be presented to the jury.  Mr. Snow concurred in the judgment.”

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