Condensclt™ Page 952 = whee wasn't 4 called who only saw them together for five minutes. 4 T’mnot even going to represent that to the Court and ‘5 hope I haven't brought those witnesses in. Tammy 6 Chiles, she's more important than a five minute 7 witness, She spent more than five minutes with these ‘8 two people. Not only did she spent a great deal of 9 time on two separate occasions with them but she was 10 taking wedding photos. That's important because Silvia 11 Canido's sworn testimony to the jury was that all of 12 this was done because Michael forced her to doit, 13 forced her to take those photographs, forced her to get 14 married. Well, Tammy Chiles testified otherwise. 1 15 think Tammy Chiles was an important witness. Mr. Swan 36 was right, she was a very attractive Indy who made 2 17 good witness. To this day, there has been no 18 explanation offered by Mr. Thompson why her name is on 19 the lis, be telephoned her but she was never called as, [20 a witness. If she would have been an important Jat witness. She wasn't just accumulative. We have [22 actually brought these witnesses in. This is not a [23 case where we see a lot of times of just bare J2¢ assertions. The real caso with real witnesses that J25_ weren't called and real exhibits that were not Page 954 1 preparation, There was no other reason, He hed these 2 names clearly in his file, They had clearly been 3 provided. We now know he didn't talk to any of the 4 witnesses, even the ones he put on the stan. 5 introduced what notes he had for his erass 6 examination of witnesses. He testified he had no notes 7 for opening or closing in his file, maybe somewhere 8 else, Didn't sy that at his deposition 9 I think if you look at this, you will soe 10 that this case was just not properly prepared. I can 11 appreciate a public defender at the time, he had not 12 tried very many cases. He had a very heavy case load.~ 13 We now know this case almost resolved itself for a 14 couple of weeks leading up tothe trial date. T have 15 been in that position myself, “You kind of stop work 16 at that point. Tcan't tell you why he dida't 17 interview some of these witnesses. Maybe be though 18 Mr. Swan would, maybe Mr. Swan thought he woul. 19 clearly thee was some defective performance that udiced my client. i ( Webeliove, Jadge, tha this is realty Mr. Whiteley's last opportaaity- to represent Mr. Whiteley. We would intend tthe theory that has been described to you « 5 at a post conviction hearing are decmed true until {& tontroverted by the State, Well, as you know, we 7 believe Silvia Canido lied to the jury. She lied to the jury when she told them her mother threatened to take the kids away, she was under threats all the time, al] these road trips were, in fact, kidnappings, she 1} was cocroed into getting wedding photos, getting 13\ Mike Whiteley. Lied about all of that. 14\ We have that because we now have the 15 {stimony of five witnesses. We now ha 16 icles testimony here at this hearing. We have 17 Exhibit A which is now been properly k 8 faking the Fifth Amendment. That's the State's }20 {rebuttal of this evidence. Urider this case, T think 21" the Court is to accept that. ‘Your Honor, just in closing, not only is 123 not a proper case for a directed verdict but we submit 24 it is a proper case for the Court to deem that there 25 was defective performance, it was based upon a lack of is 14 married and it was mental, physical constant abuse from 1 several days and use the exhibits and use the 2 that we have presented to you here today ana a> v~. 3-48 case as it was, my opinion means nothing. But! | 4 think that Mr, Whiteley was not afforded his tutional right to the effective assistance of 6 counsel during that prior trial. On top of that, he 7 got a sentence that was very large. All we are asking Tadge. If you want to grant a new til, we think we have given you the witnesses a 15 legal cases that would allow yoK.to grant a new 16 If the Court is not persuaded, then, probably I 17 don't know what T could put on. But we feel like we 18 have given you those tools and if the Court would 19 consider a little bit of justice here and this one case 120. ~ some cases fall through the cracks, Judge, some 2 cases things happen, bad results. 1 was a public 2 defender for a lot of years and I probably want to take l23 back one ar two cases back looking back over a 20 year 24 career, This is one case where you have that power. T 25 hope I have given you the tools, I hope Thave taken Page 952 - Page 955