Judge appoints SF Public Defender’s office to represent Rickleffs

A man previously convicted of killing a gay hair stylist whose homicide and robbery convictions were overturned more than two years ago will be represented by the San Francisco Public Defender’s office – whether he likes it or not. 

As the Bay Area Reporter previously reported, defendant James Rickleffs, 58, fired his former private attorney, Michael Meehan, for being gay on August 18 just as a retrial was getting underway. Rickleffs described Meehan as “the Antichrist,” according to court transcripts. 

As of a scheduled October 29 hearing in Department 22 at San Francisco’s Hall of Justice, 850 Bryant Street, however, Rickleffs had not obtained new counsel. When informed Wednesday that Rickleffs didn’t want to speak with deputy public defenders as his attorneys either, San Francisco Superior Court Judge Teresa M. Caffese questioned if Rickleffs is competent to stand trial.

“Other than the fact he refuses to speak with me,” answered Deputy Public Defender Will Helvestine.

Assistant District Attorney Edward Mario, who’s prosecuting the case, expressed concern that the matter be resolved, since the charges stem from 13 years ago and the initial trial was six years ago. He did say that this is not a case where there is a reasonable danger any relevant witnesses prosecutors need to call will soon die. 

Attorneys from the public defender’s office, including Niki Solis, a lesbian, had defended Rickleffs during his 2019 trial. Rickleffs said Wednesday he “had a bad experience with the public defender” and so didn’t want them representing him again.

Said Caffese to Rickleffs, “Sounds like they did a pretty good job. Your conviction got reversed.”

Following a jury’s conviction, Rickleffs was sentenced in 2021 to 50 years to life in state prison for the murder and robbery of Steven “Eriq” Escalon, 28. That conviction, however, was overturned by a state appellate court two years ago. The Fifth Division of the state's 1st District Court of Appeal in an October 24, 2023, ruling written by Justice Mark B. Simons gave several reasons for its decision. For one, a California Supreme Court ruling in People v. Brown (2023) threw out the very jury instructions for a murder by poison charge that were used in Rickleffs' case.

Simons also questioned the forensic evidence presented at trial – including a key NMS Labs report that found nitrates and gamma-hydroxybutyric acid (GHB) in Escalon's system.

Simons also stated that the instructions on the robbery charge were wrong because Escalon rendered himself unable to resist.

Rickleffs, who remains in custody, said Wednesday that he should have been released after the appeal.

“Here we are two years later,” he said.

Replied Caffese, “Obviously, the public defender represented you for many years and did a fine job.”

Replied Rickleffs, “No, they didn’t.”

Rickleffs said he had spent thousands of dollars on private attorneys and needed more time to find another.

Then Caffese asked about the competency issues, saying she was “somewhat concerned.” At that point, the proceeding went into closed session, meaning that prosecutors and everyone else in court except Rickleffs, the public defenders, and the judge had to leave.

‘They are your counsel’
After the assistant district attorney and the B.A.R. were readmitted to the courtroom, Caffese said she had appointed the public defender’s office and told Rickleffs, “You have a duty to cooperate with your counsel.”

Replied Rickleffs, “He is not my counsel.”

Replied Caffese, “If you refuse to cooperate with Mr. Helvestine and the public defender’s office that is your choice.” 

Replied Rickleffs, “They’re not my counsel.”

Replied Caffese, “They are your counsel.”

Replied Rickleffs, “He’s [Helvestine’s] been a nuisance.”

Replied Caffese, “The Constitution doesn’t entitle you to a counsel of your choice. It assures you of a competent attorney.”

Caffese also said that she “doesn’t always say this,” but Helvestine is one of the best. 

“I don’t trust him,” Rickleffs said. 

Caffese ordered that Rickleffs be back in court November 19.

Original case
Rickleffs had been found guilty in the 2012 killing and robbery of Escalon in San Francisco's Diamond Heights neighborhood. According to prosecutors, Escalon and Rickleffs met during underwear night at the bar 440 Castro in San Francisco's LGBTQ neighborhood.

"Rickleffs, as a straight-identifying man, went to the Castro with tape and a knife, sat there drinking, and, I believe, snorted narcotics in the bathroom, waiting for someone," Roberto Tiscareno, a friend of the victim’s, said during the August 2021 sentencing hearing.

After going home with Escalon to his Diamond Heights apartment near Twin Peaks early on the morning of June 12, 2012, prosecutors said Rickleffs tied Escalon up, gagged him, and poured poppers on his face to immobilize him. Then he left Escalon's apartment with a suitcase of items including a laptop, Escalon's checkbook, and a bankcard of one of Escalon's roommates.

Escalon died of an overdose of amyl nitrates and GHB, according to the medical examiner's report. He was found dead by his roommates, and Rickleffs was arrested September 12, 2012, in possession of the suitcase.

In explaining their reasoning behind their 2019 decision to convict, most jurors said they felt Escalon's death was caused by many factors, including the obstruction of his breathing from the gag, his inability to move from being bound, and the drugs found in his system. While they unanimously agreed that Rickleffs did not intend to kill Escalon, the jurors said it was the robbery and disregard for human life that swayed them to find him guilty of felony murder.

During the October 29 hearing, Caffese had expressed frustration that the court had expended considerable effort, such as going through motions in limine, or pre-trial requests, and even calling over 100 prospective jurors in August, before Rickleffs fired Meehan.

In an emailed statement to the B.A.R. after the paper received the court transcript of that hearing, Meehan denied that his sexual orientation had been a secret. 

“I am a strong advocate for all my clients, regardless of their race, religion, sexual orientation, political affiliation, sex or any other distinguishable characteristic or beliefs,” he stated, in part. “I feel that a strong defense attorney focuses on the facts that are relevant to the charges and whether or not the People can prove them to a jury. As for the reasons given by Mr. Rickleffs, he did state that the reason he was terminating me was because I am gay. My sexual orientation was never an issue for Mr. Rickleffs until this week of trial, and it was never a secret.”

Meehan continued, “Rickleffs also did not cite a specific incident where my representative was not sufficient, only that he would not work with me as his attorney. We were in a jury trial and about to start live jury selection, and I was prepared for what was estimated to be a seven-week jury trial. Mr. Rickleffs’ decision to terminate my representation after working on his matter for the majority of a year will likely result in a delay of a year or more while new counsel is found and is able to prepare for jury trial.”

Tiscareno, who is also a liaison to the Escalon family, did not immediately return a request for comment for this report.