Does Counsel pull his punches in presenting a mental defense in mitigation and penalty phase?

The record presents no basis to conclude that counsel pulled his punches despite any asserted conflict. As defendant argues, counsel presented no mental defense regarding the jail assaults. But he did present a vigorous penalty phase defense in mitigation, centering around defendant's horrendous childhood and the effect it had on his later criminal behavior. The record does not disclose why counsel did not additionally present a mental defense regarding the assaults. But it does reflect that counsel had the benefit of an earlier mental health expert's evaluation of defendant, and that he had requested funding to obtain the services of another mental health expert. We do not know the results of the funding request, but counsel may well have had tactical reasons to focus on defendant's childhood and its impact on him rather than present a mental defense based on the reported voices. ( People v. Doolin, supra, 45 Cal.4th at p. 418, 87 Cal.Rptr.3d 209, 198 P.3d 11.) The experts might not have uncovered anything to support a credible mental defense. Counsel might also have been concerned that the jury would suspect the claimed voices were not genuine but

[4 Cal.5th 68]

merely a self-serving attempt to provide a defense for defendant's

[226 Cal.Rptr.3d 139]