Because of the incompetence of Frederick McClelland to represent my son fairly, my son now sits in jail since Thanksgiving. McClelland never brought up the pertinent information that if the Judge knew at the time I believe his decision to find my son guilty would have had a different outcome. As a matter of fact half way through the whole trial he finally looked at my son and said "so you really are innocent"! It was as if he didn't care, the whole time he just wanted him to plead guilty and basically just be done. When we kept telling him it would be a lie to say you did something when you had not. And then on top of it he told us we should let the Judge decide the case and not have a jury of his peers. I am pretty sure that was because it would have had him do a little work. He is just plain lazy and does not look out for the best interest of the person he represents. He kept reminding us that he was not getting paid for representing my son and I actually had to buy him lunch one day. He is uncaring and if you see him coming to represent you run quickly the other way. He is a horrible lawyer!
FRAUD COMPLAINT FILED AGAINST McCLELLAND IN SEPTEMBER 2012, AND HE'S HIDING FROM THE PROCESSOR SERVER
Posted by Giovanna
I have brought a malpractice action against Attorney McClelland and NOW HE IS HIDING from the processor server. The action against McClelland for legal malpractice was filed in September 2012. The agency, The Offfice of Assigned Counsel, who assigned McClelland, is also trying to cover this up. I have written to the Director of the OAC to no avail. One thing is for sure is that if you don't have money for a real attorney, and are appointed a 'PUBLIC PRETENDER" you can forget about justice.
Attorney McClelland is a lying, incompetent cheat!
Posted by Giovanna Capone
Attorney Frederick McClelland was appointed by the Office of Assigned Counsel to represent me at a restitution hearing that was scheduled for 9-23-2009. On 8-13-2009, McClelland urged me to waive my right to appear at the 9-23-2009 restitution hearing and then informed me that he had discovered that County Supervisor Bill Horn had "weighed in" meaning Horn had influenced the District Attorney's Office in my prosecution. At that time McClelland suggested that I file a Petition for Writ of Habeas Corpus to challenge my unlawful conviction. In 2000, I worked for Supervisor Horn and was hired to orchestrate the County's first sanctioned National Day of Prayer event. After the 5-4-2000 event, a member of the Aetheist Coalition contacted The San Diego Union Tribune to complain about public funds being used for Horn's private use. All the proceeds went to Horn's private foundation "Basic Faith Foundation." I had already given a two week notice as in the short time that I worked for Horn, I had witnessed that he was having an affair with his highly paid chief of staff. Joan, his chief of staff, tried to coerce me into lying to the reporter at the Union Tribune and to cover for Horn. I refused and immediately quit. Because the press was already looking into Horn's illegal activities, the prayer event became a hot topic in San Diego. Horn went on Rock Robert's radio show and called me a disgruntled employee. I hired an attorney and the long and short of it I received a substantial out of court settlement because of Horn's slander against me. Horn promised that he would get even - and in 2007 Horn influenced the district attorney's office in a case they were prosecuting agasint me. The settlement and other matters involving Horn continued for many years and my action against Horn still remains public interest. In 2006, I assited Horn's opponent and Horn and Joan again swore they'd get even. All details regarding this matter can be found in my pending writ of habeas corpus 11cv758MDD. I McClelland informed me thorugh the OAC that he was having the 9-23-2009 hearing postponed. He did not. Instead, he filed an appeal after he showed up at the hearing with NO EVIDENCE to support my innocence. At no time did McClelland accept collect calls, he refused to return my certified letters, and refused to answer my questions via letter even though he was instructed to do so by Judge Valentine. McClelland failed to show up at the only meeting that he had scheduled to meet with me. On 9-23-2009, McClelland did not know the facts of the case and when a witness had clearly lied during testimony, he did not know enough about the facts to dispute her testimony. In a letter that McClelland wrote to me a month after the hearing, he wrote that he was unable to get the court to postpone the 9-2-3-2009 hearing. The fact of the matter is, he did not even ask as the judge. Do not retain McClelland. He is the worst kind of attorney. He is a liar, incompetent, and i am working to reverse the damage that he has done.