"I don’t think, as I understand the case, and as I understand these charges that have been filed against Killercop that the mechanics, the technology, the capacity in a sophisticated way to use computers is really much of an issue in this case.
Richter v. Hickman, No. 06-15614 (8-10-09)(en banc). In an en banc decision, the 9th (Reinhardt writing) granted petition's writ for IAC. The case turned on circumstantial and forensic evidence. Despite this, defense counsel failed to conduct any forensic investigation.
Under the Criminal Justice Act, 18 U.S.C. § 3006A(e)(1),
“[c]ounsel for a person who is financially unable to obtain . . . expert . . . services necessary for adequate representation may
request them.” After conducting an inquiry in an ex parte proceeding,
if the court finds “that the services are necessary and
that the person is financially unable to obtain them, the court
. . . shall authorize counsel to obtain the services.”
[1] Upon a timely request by an indigent defendant, “[t]he
statute requires the district judge to authorize [expert] defense
services . . . in circumstances in which a reasonable attorney
would engage such services for a client having the independent
financial means to pay for them.” United States v. Bass,
477 F.2d 723, 725 (9th Cir. 1973).
Yet at the trial, not an expert to be seen on the side of the accused, but several for the government. Matz knew this and allowed them to remain missing throughout the trial.
HERE IS A COPY OF THE GOVERNMENT PROVIDED DEFENSE'S EXPERT REPORT.
The trial judge never bothered to Certify the opinion of one of the government's other so-called expert witnesses. A man by the name of Dr. Who?
"Now if you are relying on and if your lawyers are relying on outside experts to assist in any aspect of the defense, and it wouldn't surprise me if they have to, given the nature of these charges." ~Judge A. Howard Matz:
Transcript of 09.26.2003
“Now, I don’t think it is inappropriate for the record to note that I’ve previously authorized experts [fn.1], or at least one expert, I didn't go back and check the file but at least one expert, and I think could have been more then one somebody with specific skill and advanced skill in computer technology as well as to be appointed to represent or assist prior counsel. Have you seen any expert reports?”
~Judge A. Howard Matz:
Reed: “No. Not at all, Your Honor."
Judge A. Howard Matz: “Has anybody discussed with you any of Killercop’s prior lawyers, any expert reports that may have been generated?”
fn.[1] " DID I SAY THAT OUT LOUD? I HAD BETTER CHECK MYSELF, I FORGOT THE RULES OF LAW." FACTUALLY AND ACTUALLY I APPOINTED NOT ONE, OR TWO, BUT 3 EXPERTS, BUT NO REPORTS EVER FOUND THEIR WAY TO THE DEFENSE...
David Reed is now Killercop's sixthannointed and second or third foistedattorney. The one before David Reed, number 5, only lasted less then a week, and quit due to a "conflict in his schedule that he forgot all about." His keen, sharp computer like mind, and it's sudden forgetfulness, cost another week of the freedom and liberty.
Judge A. Howard Matz: "Among the material that you received from prior counsel that you and Mr. Nicolaysen put together for delivery to MDC, do you recall whether anyinvestigative reports prepared by anybody acting on behalf of Killercop? You don’t have to say who did it.”
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