June 22, 2009

Board of Overseers
P. O. Box 527
Augusta, ME 04330

To Whom It May Concern:

RE: Jack Simmons and Berman & Simmons

Prior to my indictment I contacted Jack Simmons to engage his firm to defend me. I was subsequently assigned to David Van Dyke. During the early part of 2001 while Simmons knew his firm and his partner, Van Dyke, was being sued for malpractice and represented by Peter DeTroy. Simmons knew, or should have known, that his partner and his firm was being represented by the same lawyer, Peter DeTroy, that was serving as the State's chief witness against me.

Simmons failed to disclose to me that his firm and his partner were represented by DeTroy in an adverse relationship to my case and in conflict with their financial interests. Specifically, Berman & Simmons and Simmons himself depended on DeTroy to protect them from financial loss while taking fees from me at the same time. DeTroy disclosed to AAG Colleran in December 2003 and Colleran stated in writing that DeTroy handled two cases during early 2001 including one that coincided with the time period when Van Dyke browbeat me into a second guilty plea.

Simmons should have disclosed the entanglements of his firm and Van Dyke with DeTroy and given me the opportunity to engage a different lawyer. On May 23rd when I discovered evidence in my file at the Berman & Simmons Lewiston office that had been withheld from me for nearly three years. I immediately interviewed other lawyers, hiring Thomas Hallett, and firing Van Dyke and Berman & Simmons.

Jack Simmons and the firm of Berman & Simmons violated the conflict of interest sections of the Code and should be sanctioned appropriately.

Sincerely,

Michael Doyle
3 Shady Lane
Falmouth, ME 04105
766.6644