8.  Trial attorneys failed to ask court for continuance to investigate nature of presiding Judge’s recusal from this case which came 3.5 years after the incident and just 3 days before trial.


9.  Trial attorney actually uses the word embellish in regards to how he will present his closing argument to the jury,  (Trial transcript Dec 21, 2011, pg 7 lines 6-11) Exhibit VIII, not once, but twice “I may embellish...”, “..rest assured, I’ll probably embellish” and continues “..but it’s your collective recollection of the facts that apply, not mine.”  In other words, he’s going to make it look better than it is but you (the jurors) don’t have to believe him.


10.  Trial attorney uses an “off the cuff” approach to closing argument knowing full well of the                   prosecutions intent of a PowerPoint closing argument. (Trial transcript, Dec 20, 2011, PM session, pg 253, lines 12-14) Exhibit IX


11.  Trial attorney failed to present to court case law on party opponent issue after being instructed by the court to do so giving the court nowhere to go but rule with the prosecution on this important constitutional issue. (Trial transcript PM session, D ec 20, 2011, pgs 1-15) Exhibit X