a witness or offering the bill of sale as evidence.


6
McGlennen concedes the truth of these allegations. He testified at the evidentiary hearing on Caban's § 2255 motion that his personal feelings for Clemons caused him to refrain from calling Clemons because the prosecutor had promised a searching cross-examination into Clemons' ethical improprieties. McGlennen stated he did not want to subject Clemons to embarrassment. He also stated he did not offer the bill of sale because, if he did, the prosecutor had opined it was his ethical obligation to refer Clemons to the Board of Professional Responsibility for his involvement in allegedly falsifying the document. McGlennen stated these conflicts caused him to provide ineffective assistance to Caban.


7
At the conclusion of the evidentiary hearing, the trial court found there wasWindward] bringing in people by buses." Gabuat further testified that the passenger capacity of Windward's boats had increased, that the canal water had once been "clear" but was now discolored, and that buses were apparently bringing tourists in from Waikiki six days a week.
Henry Schwenker (Schwenker), who had been "house-sitting" a residence on Lihikai Drive, testified that persons who did not appear to be guests of Windward's hotel were bussed in to use the pontoon boats. He additionally complained about changes in the canal brought about by the frequent use of the pontoon boats.
Schrader testified that he was unsure of when such activity began but believed it started somewhere around 1980 or 1982. This time period preceded both the 1984 rezoning from H-1 to R-6 under the CZC