told him that if his story checked out, he would be released and would not need an attorney, which is when Falzon and Cleary began recording their conversation. Placed in a lineup on June 11, three of the five witnesses picked out Lee as the killer; however, of the mugshots identified by the witnesses shortly after the shooting, only Lee was brought into the lineup. A SFPD criminologist tied the bullet recovered from the wall across from Lee's apartment with the purported murder weapon on June 15, but later recanted after an independent criminologist proved they did not match; when pressed, the SFPD criminologist stated he had made "a contrary conclusion because he felt it was necessary to obtain a conviction." Clifford Gould, a public defender from the San Francisco Public Defender's Office was appointed to Lee's defense in June 1973 after Lee's arrest, but withdrew after the trial venue was moved to Sacramento; Lee was subsequently assigned Hamilton Hintz, a public defender from Sacramento, on April 2, 1974. The San Francisco Public Defender's Office had filed a motion for discovery on August 30, 1973, and followed up with a motion for a change of venue on September 4,; the trial court granted the motion for discovery and denied the change of venue, but was overruled by the Appeal Court on February 13, 1974, which issued an order to grant the change of venue. However, the Public Defender's Office realized the change of venue would not aid their client and asked to withdraw the change of venue motion on March 21, which was denied even though the hearing to investigate the feasibility of a change of venue had not yet been held. Hintz accepted the assignment contingent on assistance from the San Francisco Public Defender's Office, which never materialized. Although the San Francisco Public Defender's Office was provided with the names of witnesses who could provide an alibi for Lee's whereabouts at the time of the shooting, that office failed to follow up with those witnesses, and they were never contacted to provide statements and were no longer available to testify by the time the trial began on June 3, 1974. Mr. Hintz was later faulted for ineffective counsel, as he had called Inspector Frank Falzon as a defense witness and asked Falzon if he knew of any motive why Tak was killed; Falzon seized the opportunity to create a