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People v. Mayfield1/2/1997
him the name of Al Macon, and that although he was unable to interview Macon, he interviewed Macon's mother, Minnie Davis, who claimed to have witnessed an incident in which Sergeant Wolfley referred to another of her sons, Steven Davis, as a "nigger mother fucker" and chased after him while waiving a gun. She said this incident occurred at a car wash and apparently had something to do with Steven Davis's possession of a car that was suspected of involvement in a burglary. But defendant had not given the name of Macon or Minnie Davis to Bristoll or his investigative team. Moreover, Bristoll stated that he was familiar with the backgrounds of Macon and Minnie Davis and would probably not have used either of them as a witness.
Bristoll's failure to object to the nonrandom jury selection method was not addressed during the hearing. We have already concluded, however, that counsel's failure to object did not constitute ineffective representation. (See pt. III.C., ante.)
Regarding the charge that Bristoll had solicited defendant as a client and had failed to disclose that he had never tried a capital case, Bristoll explained that he contacted defendant only after a municipal court Judge had asked him to accept appointment as defendant's counsel. He advised defendant that he had handled many homicides, although not a death penalty case, and that he had previously worked as a deputy district attorney. At the hearing, defendant asserted that he did not remember Bristoll saying that this was Bristoll's first death penalty case. The trial court evidently resolved this conflict in the testimony against defendant. We accept its implied finding, supported by substantial evidence, that Bristoll accurately disclosed his qualifications and did not solicit defendant as a client.
Bristoll denied that he ever presented defendant with a "written story" or "script" for his testimony. He said that defendant's testimony was exactly what defendant had always told Bristoll about the circumstances of the charged offenses. In response, defendant said that Bristoll "gave me his version" and said that "this is the way he seen it" but that defendant had told Bristoll "we can't go with your version because we have to go with the truth" and that defendant's testimony had been the truth. We accept the trial court's implied finding, supported by substantial evidence, that Bristoll did not suborn perjury or otherwise improperly attempt to influence the contents of defendant's guilt phase testimony.
Regarding the playing of the hostage negotiation tapes, Bristoll admitted that he did not play for defendant, in advance of trial, the portion of the tapes involving Yvonne Hester, but Bristoll said that he had discussed that portion with defendant. We accept the trial court's implied finding, supported by substantial evidence, that Bristoll adequately prepared defendant for his guilt phase testimony.
Regarding defendant's willingness to testify in his own behalf during the guilt phase, Bristoll stated that he felt strongly that defendant needed to testify and so advised defendant. From the beginning, defendant indicated his willingness to testify. Defendant replied that he had not wanted to testify at first, but that eventually Bristoll had persuaded him to do so. We accept the trial court's implied finding that Bristoll performed competently in advising and persuading defendant to testify in his own behalf.
Regarding Dr. Kania, Bristoll stated that Dr. Kania was appointed to talk with defendant "concerning certain aspects of the case" and that Dr. Kania was "aware of what's going on." Bristoll stated that Dr. Kania was still involved in the case, but Bristoll did not want to discl
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