Complaint Review: Derrick S. Alston Sr. - Capitol Heights Maryland

RAY JOHNSON

Trooper/Pilot (Retired) CW5 (Ret) U.S. Army National Guard

24 March 2008

Memo For Mr. Derrick S. Alston Sr.

From: TFC (Ret) Ray Johnson, Maryland State Policed

Reference your FAX did Thursday March 20, 2008 the following questions are answered per your request: Local Case # 0561001764

1. Should be on the State of Maryland MV Accident Report item #33

2. Same as #1 above

3. No notes or statement from Mr. Reginald E. Hatten

4. Citation issued #35657 Non moving violation: Failure to Notify

Admin. Address change.

5. Deployment date to Iraq (OIF) 4 Feb 2006

6. Return 3 March 2007

7. See enclosed

8. See police report

9. I made a note you called on 8/30/07, and 1 can recall you called 2 or 3

other times, but I did not make a note of it. I believe on one of those

occasions you spoke with a LT Anita Allen at Hq Avn Cmd, but there

was not phone number for me to call you.

November 8, 2006

Mr. Derrick Alston

Re: Accident of 01/25/05

Answers to Interrogatories

Dear Mr. Alston:

After speaking with you today on the telephone, I just wanted to clarify my firm's position for you regarding the Interrogatories you answered in your case. As you may recall, Ms. Lashonda Hatten stated to officers that she was the driver of the (hit & run) car which struck yours. She again stated that in her Answers to our Interrogatories. While I understand that at the tune of the accident, you believed that the driver of the other car was a male, that does not appear to be the case. The Answers that you gave to Ms. Hatten's Interrogatories were based in large part upon the best information you (and our firm) had at the time, namely that Ms. Hatten was apparently the driver of the other car.

At trial, Ms. Hatten testified that she was driving a car and had an accident in which it appears that you were the other vehicle. You admitted, quite honestly, that you had believed that the driver of the other car had been a man. However, although nobody appears to be sure of the exact reason for this discrepancy, the evidence presented at trial proved that Ms. Hatten was indeed the driver, as you stated in your Answers to Interrogatories. This determination was made by Judge El-Amin, and he did so with full knowledge of your original belief that the driver was a man. I believe, and apparently Judge El-Amin believed, that you testified quite honestly and to the best of your recollection and abilities, both in the Answers and at the trial.

I hope that this clears up any lingering concerns you have about the identity of the driver who struck your car, injured you, and then fled, on January 25 of 2005.

Sincerely, Christopher Welsh

NOV 3 0 2006

Attorney Grievance

November 29, 2006 Commission

Melvin Hirshman, Bar Counsel Attorney Grievance Commission of Maryland

Re: Complainant: Derrick S. Alston

"

File No. 2007-0-596

Derrick Alston v. LaShonda Batten Tears

District Court of Maryland for Prince George's County

Case No. 0502-0011258-2006

Dear Mr. Hirshman:

With regards to the above-captioned matter, Mr. Alston is correct in that I represented him in his automobile accident of January 25, 2005. I am enclosing for your review a copy of the accident report along with the Answers to Interrogatories byJyl&JIejrjsJjgth of which indicate that Ms. Tears was the driver of the adverse vehicle. Unfortunately, Mr. Alston seems to think that there was a man_driving the vehicle. He believes that it was a man after being in a hit and run accident at night and viewing the other driver through a car window in reflected headlights.

Concerning his allegations that I stated to him, that for some reason, we left out the fact that a man was driving, that is not correct and is an misunderstanding on his part and really makes no difference with regards to the liability case. I am also including for your review his Answers to Interrogatories which he signed under oath and which I went over with him in great detail.

Unfortunately, Mr. Alston does not seem to accept the identity of Ms. Tears as the other driver and has stated on several occasions to me that he wanted to get this driver off the road. I "indicated to him that this was something that the police could have done when they investigated the accident, but it was not a proper consideration or possible remedy in a civil suit for damages.

I am not sure what his complaint is against Mr. Brumskine: who was the attorney for Ms. Tears,

Page No. 2

In addition, Mr. Alston indicates that I gave false evidence in Court which, of course, is not true since I did not testify. I also did not offer any evidence, including testimony of any witnesses, which I believed to be untrue. Mr. Alston testified at trial that he thought it was a man and I have no doubt that at that time, he thought it was man. Additionally, on November 8, 2006, 1 sent him a letter which I am also including and I believe that this is a simple misunderstanding on the part of Mr. Alston.

Hopefully, this satisfies your inquiry. If I can be of any further assistance, please do not hesitate to contact me. I look forward to hearing from you.

Very truly yours,

Christopher K. Welsh

CKW/pmm

Enclosures

Derrick

Capitol Heights, Maryland

U.S.A.