Cain

BACKGROUND

Factual Summary In 1987, Peter Foor was the deputy public defender who represented Melton in two trials for the same murder with which Cain is now charged. The following year, the charges were dismissed against Melton by the trial court after two juries failed to reach a unanimous verdict. After the dismissal of the case against Melton, DNA testing excluded Melton as a contributor to the samples taken from the victim’s body. However, the same DNA testing established Cain as a contributor to the sample. Cain was subsequently charged with the kidnapping, sexual assault, and murder of the child. Foor was appointed to the bench in 1997 and is now retired.1 Melton is deceased. Cain’s Arraignment At the time of Cain’s arraignment, the assigned deputy public defender told the arraignment judge that his office had reviewed the discovery and determined that there was no conflict, and they would accept the appointment to represent him. The deputy public defender informed the judge that Foor, Melton’s former attorney, had no connection with the current Solano County Public Defender’s Office, had subsequently been a judge for over 20 years, and was now retired. Counsel informed…