WHETHER THE GOVERNMENT'S UNAVAILING DEFENSE OF THE INDEFENSIBLE WITH RESPECT TO THE INDICTMENT, INADEQUATE JURY INSTRUCTIONS, PROSECUTORIAL MISCONDUCT OUTSIDE THE GRAND JURY, AND CONSTRUCTIVE DENIAL OF COUNSEL, WERE CLEARLY PREJUDICIAL TO HORACIO SANTAMARIA, FOR WHICH BY ANY STANDARD OF REVIEW, THE COURT SHOULD FIND COUNSEL'S PERFORMANCE HOPELESSLY DEFICIENT, BORDERING ON CONSTRUCTIVE DENIAL OF COUNSEL

Whether the government's unavailing defense of the indefensible with respect to the indictment, inadequate jury instructions, prosecutorial misconduct outside the grand jury, and constructive denial of counsel, were clearly prejudicial to Horacio Santamaria