3.  Trial Attorney failed to execute 17 subpoenas to individuals who gave sworn testimony to investigators, police and prosecutors, who could present conflicting evidence and testimony to prosecution witnesses including prosecution witnesses who were not called to testify by prosecution against the instruction of the Petitioner.

 

4.  Trial Attorney failed to hire financial expert to explain the much improved financial situation of the petitioner and discredit the errors, omissions and additions in the Rose reports of Nov 9, 2009, and Dec 9, 2011.

 

5.  Trial attorney failed to impeach witness Otto Vasquez as Vasquez had reversed his story from preliminary hearing to trial to that which better fit the prosecution’s hypothesis of events. Trial attorney also failed to point out the location of the mailbox at the time of the fire which was Vasquez’s excuse as to why he traveled so far to the road where he ‘happened’ to see petitioner  in the garage.  (Preliminary hearing Feb 22 2010, pg 81, Exhibit IV, and 94, Exhibit V.  And trial transcript pg 268-271).  Trial attorney explains why he didn’t impeach, (trial transcript Dec 21, 2011, pg 13 lines 18-22), “It doesn’t mean that I have to prove somebody else took a match and lit a fire.  I don’t have that burden, never did, never will as a defense attorney.”