Justice for Vicki Lynne – Part 2

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Vicki Lynne, 4

Vicki Lynne, 4

Today was the second day in the Evidentiary Hearing in U.S. District Court before the Honorable John Coughenour.  The purpose of today’s testimony was for the defense to show that the attorney’s that represented Frank Atwood during his trial, sentencing and initial appellate phases of this case were all ineffective. The defense has a very difficult job in proving all his counsel was ineffective, as Mr. Bloom and Mrs. Ryan are both extremely respected attorney’s in their field, 1984 to the initial appellate phase of this case and now, these two attorney’s are regarding the best of the best. Both continue to practice law, with impeccable reputations.

The defense called Carla Ryan, counsel to Frank Atwood in the initial appellate phase; John Davis, the Prosecuting Attorney who successfully convicted Atwood of kidnapping and murder of Vicki Lynne in March of 1987; Frank Atwood, the defendant; Debbie Gaynes, Paralegal to Stanton Bloom who was Frank Atwood’s privately retained trial attorney; and finally Stanton Bloom via pre-recorded video deposition. Mr. Bloom was Frank Atwood’s private attorney who represented him from approximately August of 1985 through the sentencing phase of the case.  He is presently out of town with a prior engagement and was unable to attend the proceedings.

What I found most interesting about today’s testimony was that Frank Atwood’s team of attorney’s are attempting  to destroy the reputation of the people who represented Frank Atwood 29 years ago in effort to save him from the death penalty today. Again, there is NO disputing Frank Atwood’s guilt in this case. It has been proven and upheld.  (Please note, that Frank Atwood still maintains his innocence in this crime, however, there is a documented confession from him that was inadmissible in court in 1987. Since we are only focusing on his counsel’s lack of representation and his very disturbing criminal & mental history those are things that are not be discussed right now.)

Frank Atwood took the stand to maintain that he never refused any medical evaluation and that his attorney, Stanton Bloom, did not order any. He also testified to the fact that he wrote Judge Hawkins (presiding judge at the trail and sentencing phase, now deceased) a letter prior to his sentencing but he did not request that the judge seek a medical evaluation or take a further  look into his disturbing past. I realize that that was not necessarily Atwood’s responsibility as a defendant, but everyone was well aware of the fact that he was facing the death penalty, and quite frankly, if he felt that his attorney was not doing an adequate job to save him from the “chair” (method of execution in 1987) one would think he would have exercised his right to disclose that to the judge prior to the sentencing. Only because now it could save him from being executed is he concerned about it.

When Mrs. Gaynes took the stand, she could not remember anything. Pathetic, honestly. She is willing to participate with the defense that Mr. Bloom did not do an effective job, to save a child killing monster based on her defeat in losing the case. She testified to the fact that she saw the conviction as an ‘injustice’… honestly, I about threw up in my mouth.

I was 11 years old when my sister was kidnapped, raped and murdered by a habitual pedophile who is still seen as unfit to live among us even though he has been incarcerated for 29 years. What I remember most vividly as a young girl, was how infuriating Mr. Bloom made me.  I recognize, that as I listened to the people around us talk about the trial preparations one things rings clear in my mind and that was how extremely effective, efficient and thorough he was. Mr. Bloom did everything he could, had access to and beyond, in his representation of Frank Atwood from 1985-1987. That is without a doubt!!!!!

I have tried, on numerous attempts, to make eye contact with Frank Atwood, especially as he sat directly in front of me on the witness stand. He refused only looking to the ground or towards his attorney’s. He is a coward. A child raping,  murdering coward.

We will go back to court tomorrow am to hear the closing arguments in this hearing. They will take place at 10:00am.

When we left this mornings session, my husband and I were walking outside the courthouse when I saw a penny on the ground in front of me. When I picked it up I looked to see it was dated 1976… the year Vicki was born. Thank you Vicki… I needed that gift today!

Comments

  1. I haven’t lived in Tucson for over 10 years but I will NEVER forget when Vicky Lynn Hoskinson was missing. I can’t believe the family has to go through this again and for some family members, it has cost them to travel to Tucson for this hearing. I believe the justice system has failed and I pray to God that Atwood will be returned to prison until he dies. Saying a prayer for justice and for comfort to all the family who are involved.

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