New Appeal Direction
There has been no explanation for why Hoyt has left this case and Riordan from San Francisco has taken over. Hoyt's supplemental motion for a new trial was 50 pages long and rather whiny. It covered irrelevant things like the prosecutor listening in on Steele's conversations with his attorney and intercepting his mail. It was weak in its attack on McAllister's incompetence.
The new motion for reversal to the 9th Circuit Court of Appeals runs to about 6,000 words and is too long to post here. It is nowhere as whiny and does a much better job of attacking McAllister's incompetence. It also brings out some new points.
A convicted felon by the name of Gerald Small recorded 25 of his conversations with McAllister. Some of these were during the Steele trial. The purpose was to get incriminating information for the wire fraud case for which McAllister was later arrested. It is conjectured that some of those conversations related to Steele's case.
It is also conjectured that McAllister knew during the Steele trial that he was being investigated for wire fraud, mail fraud and money laundering by the Federal government. This might have prevented him from conducting a proper defense. He may have feared that a vigorous defense would increase the danger of the on going investigation by antagonizing the government.
Last edited by Donald E. Pauly; April 11th, 2012 at 12:48 AM.