Excerpt of Letter from Keen A. Umbehr to his first attorney, John Ambrosio (Oct. 5, 2010)

October 5, 2010

SENT BY FACSIMILE AND U.S. MAIL

Mr. John Ambrosio

Attorney at Law

800 SW Jackson, Ste. 817

Topeka, KS   66612

            RE: Keen A. Umbehr; DA Complaint No. DA10,902

Dear John:

This letter is to acknowledge your October 1, 2010, invoice showing a $200.00 credit balance on my account. When the remaining balance is consumed, please notify me and we will set up an appointment to renegotiate any and all agreements on the remaining work to be done in this matter.

Please be advised that I will not accept any form of diversion as I will not admit nor concede to a scintilla of unethical conduct in my actions regarding the August 7, 2009, phone conversation with [>>>>>>>] of KDOC, or the August 10, 2009, attorney-client meeting with inmate [>>>>>>>] at TCF. Therefore, I am instructing you not to expend any time on drafting or the negotiation of a diversion agreement with the Disciplinary Administrator. If you have already produced a first draft of a proposed diversion agreement, please send me an unedited copy of the same.

At our last meeting you indicated that the Probable Cause Panel met in Hutchinson, however, you did not disclose their decision. Please notify me of the date of the probable cause hearing in my case and the decision of the panel. . . .

My personal experience is that when the misconduct of government officials is exposed and they are put in a negative light, they will often use their power to retaliate against the whistleblower in some form or another . . . If another complaint is filed against me as a result of my decision to carry out my client’s wishes in assisting them in having their story told publicly, then I will defend that accusation just as vigorously as the first. This is why any diversion with the Disciplinary Administrator is out of the question.

My intent is to fully participate in the disciplinary process and, if necessary, plead my case before the Kansas Supreme Court. If, after a full airing of the facts, the Justices determine that the act of assisting my clients in the exercise of their First Amendment rights and exposing the unlawful sexual relations occurring between TCF staff and inmates somehow violated one or more Kansas Rules of Professional Conduct, only then will I accept and endure such a finding.

Sincerely yours,

Keen A. Umbehr

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