Professo, LLC

Please consider this my response to Mr***.'s complaint I did communicate with Mr***shortly after his complaint and provided the same information to him as I provide below Please note that I do have the emails, motions and other documents available for confirmation if necessary I will provide to parties upon your request However, because it does have private information about the facts of the case and about Mr***., I will only provide if necessary Be advised that due to the nature of your complaint, all emails between me and the Govt and the Court, and the motions filed, will be provided to whomever I need to send them to in order to best respond to your complaints The timeline with corresponding emails and motions will clearly show that I was not aware of the Chapter being approved when Mr***paid the $fee, which was actually paid almost month late Even though Mr***did not stay current on the payments IAW the fee agreement, I proceeded to file motions and work the case Feb 2017: Mr***is charged under Article (abusive sexual contact) and Article (attempted sexual assault)April 2017: Article Preliminary Hearing is held at Camp Henry, Daegu, South Korea I attend the hearing and represent Mr*** I cross-examine two Govt witnesses who claim they observed Mr***attempt to sexually assault the alleged victim May 2017: Referral of the case to trial Per the fee agreement, $was due at referral Full payment of the fees was not made at this time IAW the fee agreement In addition to remainder of fees due at referral, $3,was due prior to June June: Filed MRE Motion (i.e., rape shield laws, filed for purposes of eliciting consensual sexual behavior between the accused and the alleged victim in order to argue consent or mistake of fact as to consent at trial) Also filed Motion to Compel Expert (requesting Expert Forensic Psychiatrist to testify about the alleged victim's blackout state of mind and intoxication, and how that condition can result in a mistake of fact as to consent) I proceeded to file motions although I still had not been paid IAW the fee agreementJune: Govt filed Motion in Limine, to preclude Defense from eliciting negative information about one of the witnessesJune: Alleged victim submits declination letter, declining to participate in court-martial Govt continues to proceed to trial because alleged victim was intoxicated and could not testify about incident anyway Govt would rely on two witnesses to testify against the accusedJuly: Mr***paid $2,($of this $amount was owed prior to June, but I still proceeded to file motions even though fees were not paidTherefore, only $was paid IAW the fee agreement because the fees were actually due prior to June)July: TDS CPT initiates discussion of the Chapter with me TDS strongly suggests filing it due to the facts of the case and because alleged victim declined to participateGovt continued to proceed towards trial due to two witnesses who observed alleged sex assault I agreed that the time was best for filing a Chapter Due to high probability of being found guilty, now was the right time to file I believed there was a 20% chance of being approved Under situations, only a 5-10% chanceJuly: I submitted an email to TDS that I would consult with Mr***first I contacted Mr***via telephone and discussed the Chapter with Mr*** He agreed to signing the Chapter He was aware that signing the Chapter would result in discharge from the Army with an OTH I emailed TDS CPT that I had consulted with Mr***and he agreed to sign the Chapter July: TDS CPT indicated it would draft the template document for Mr***signature Mr***signs the Chapter July: I file a Notice of Forum and Pleas with the Military Judge, pleading Not Guilty to the charges and requesting an Officer Panel for the trialJuly: TDS CPT informs court that accused submitted Chapter The Military Judge inquires with Govt if Ssupported Chapter The Govt could not give definite answer in email if Ssupported but would route to Commanding General for considerationJuly: Mr***pays $July: Govt informs Military Judge that Chapter would be approved but has not been signed I first learn of its likely approval Immediately contact Mr***and speak with him to advise of likely approval Military Judge cancels motions hearing due to likely approvalJuly: Chapter officially signed and approved.Based on the timeline, any claim that I knew about the Chapter before receiving fees does not make sense I immediately contacted Mr***once I found out it had been approved I did consider this result a win because the likelihood of a Chapter being approved is very low In years of practicing military justice, I have only had a handful of Chapter 10s approved Mr***.'s is only the second Chapter that I have had approved specifically for a sex assault case.I can go through my phone records to tally the number of phone calls Mr***and I, which did exceed the average number of calls for any particular client Again, this will take me time but I will do it if necessary.As the timeline above shows, I proceeded to work the case even though payments were not current with the fee agreement With the facts in your case, any lawyer will absolutely agree that we won the case Not only were we dealing with damaging DNA evidence, but also two witnesses who would testify to what they claim they observed There were a number of other facts which made the case difficult, but I will not discuss those unless necessary At no time did I believe the Mr***was guilty I did, of course, analyze the evidence presented and always made recommendations and suggestions to my client I was fully prepared to go to trial as I am in all my cases The emails and other documentary evidence shows this Cross-examination would have lessened the impact of the witness testimony, but these were a lot of facts to deal with in front of a panel.I do believe that if were went to trial, there would be a high likelihood Mr***would be in confinement and a registered sex offender I made it very clear to Mr***that he had a very difficult case due to the DNA Being aggressive with the case was the only strategy to take

1.  Please consider this my response to Mr. [redacted].'s complaint.2.  I did communicate with Mr. [redacted]. shortly after his complaint and provided the same information to him as I provide below.  Please note that I do have the emails, motions and other documents available for confirmation if...

necessary.  I will provide to parties upon your request.  However, because it does have private information about the facts of the case and about Mr. [redacted]., I will only provide if necessary.  Be advised that due to the nature of your complaint, all emails between me and the Govt and the Court, and the motions filed, will be provided to whomever I need to send them to in order to best respond to your complaints.  3.  The timeline with corresponding emails and motions will clearly show that I was not aware of the Chapter 10 being approved when Mr. [redacted]. paid the $3000 fee, which was actually paid almost 1 month late.  Even though Mr. [redacted]. did not stay current on the payments IAW the fee agreement, I proceeded to file motions and work the case.  14 Feb 2017:  Mr. [redacted]. is charged under Article 120 (abusive sexual contact) and Article 80 (attempted sexual assault).25 April 2017:  Article 32 Preliminary Hearing is held at Camp Henry, Daegu, South Korea.  I attend the hearing and represent Mr. [redacted].  I cross-examine two Govt witnesses who claim they observed Mr. [redacted]. attempt to sexually assault the alleged victim.  5 May 2017:  Referral of the case to trial.  Per the fee agreement, $5000 was due at referral.  Full payment of the fees was not made at this time IAW the fee agreement.  In addition to remainder of fees due at referral, $3,000 was due prior to 18 June.   18 June:  Filed MRE 412 Motion (i.e., rape shield laws, filed for purposes of eliciting consensual sexual behavior between the accused and the alleged victim in order to argue consent or mistake of fact as to consent at trial).  Also filed Motion to Compel Expert (requesting Expert Forensic Psychiatrist to testify about the alleged victim's blackout state of mind and intoxication, and how that condition can result in a mistake of fact as to consent).  I proceeded to file motions although I still had not been paid IAW the fee agreement.19 June:  Govt filed Motion in Limine, to preclude Defense from eliciting negative information about one of the witnesses. 27 June:  Alleged victim submits declination letter, declining to participate in court-martial.  Govt continues to proceed to trial because alleged victim was intoxicated and could not testify about incident anyway.  Govt would rely on two witnesses to testify against the accused. 5 July:  Mr. [redacted]. paid $2,900 ($2500 of this $2900 amount was owed prior to 18 June, but I still proceeded to file motions even though fees were not paid. Therefore, only $400 was paid IAW the fee agreement because the fees were actually due prior to 18 June).6 July:  TDS CPT initiates discussion of the Chapter 10 with me.  TDS strongly suggests filing it due to the facts of the case and because alleged victim declined to participate. Govt continued to proceed towards trial due to two witnesses who observed alleged sex assault.  I agreed that the time was best for filing a Chapter 10.  Due to high probability of being found guilty, now was the right time to file.  I believed there was a 20% chance of being approved.  Under normal situations, only a 5-10% chance.6 July:  I submitted an email to TDS that I would consult with Mr. [redacted]. first.  I contacted Mr. [redacted]. via telephone and discussed the Chapter 10 with Mr. [redacted].  He agreed to signing the Chapter 10.  He was aware that signing the Chapter 10 would result in discharge from the Army with an OTH.  I emailed TDS CPT that I had consulted with Mr. [redacted]. and he agreed to sign the Chapter 10.6 July:  TDS CPT indicated it would draft the template document for Mr. [redacted]. signature.  Mr. [redacted]. signs the Chapter 10.9 July:  I file a Notice of Forum and Pleas with the Military Judge, pleading Not Guilty to the charges and requesting an Officer Panel for the trial.10 July:  TDS CPT informs court that accused submitted Chapter 10.  The Military Judge inquires with Govt if SJA supported Chapter 10.  The Govt could not give definite answer in email if SJA supported but would route to Commanding General for consideration.12 July:  Mr. [redacted]. pays $100.13 July:  Govt informs Military Judge that Chapter 10 would be approved but has not been signed.  I first learn of its likely approval.  Immediately contact Mr. [redacted]. and speak with him to advise of likely approval.  Military Judge cancels motions hearing due to likely approval.17 July:  Chapter 10 officially signed and approved.Based on the timeline, any claim that I knew about the Chapter 10 before receiving fees does not make sense.  I immediately contacted Mr. [redacted]. once I found out it had been approved.  I did consider this result a win because the likelihood of a Chapter 10 being approved is very low.  In 12 years of practicing military justice, I have only had a handful of Chapter 10s approved.  Mr. [redacted].'s is only the second Chapter 10 that I have had approved specifically for a sex assault case.I can go through my phone records to tally the number of phone calls Mr. [redacted]. and I, which did exceed the average number of calls for any particular client.  Again, this will take me time but I will do it if necessary.As the timeline above shows, I proceeded to work the case even though payments were not current with the fee agreement.  With the facts in your case, any lawyer will absolutely agree that we won the case.  Not only were we dealing with damaging DNA evidence, but also two witnesses who would testify to what they claim they observed.  There were a number of other facts which made the case difficult, but I will not discuss those unless necessary.  At no time did I believe the Mr. [redacted]. was guilty.  I did, of course, analyze the evidence presented and always made recommendations and suggestions to my client.  I was fully prepared to go to trial as I am in all my cases.  The emails and other documentary evidence shows this.  Cross-examination would have lessened the impact of the witness testimony, but these were a lot of facts to deal with in front of a panel.I do believe that if were went to trial, there would be a high likelihood Mr. [redacted]. would be in confinement and a registered sex offender.  I made it very clear to Mr. [redacted]. that he had a very difficult case due to the DNA.  Being aggressive with the case was the only strategy to take.