Virginia State Bar's response to the ethical misconduct of two of it's officers of the court - Ms. Jessica N. Carmichael and Mr. Jonathon Alden Moseley ESQ in their sworn duties and defense of their client Mr. Matthew Skarlatos -19th circuit court Fairfax County Virginia

This pertains to case # CR2018-1840162 in the 19th Circuit Court of Fairfax County Virginia with two attorneys that represented Mr. Matthew Skarlatos.

Ms. Jessica Nichole Carmichael of Carmichael Ellis and Brock PLLC Alexandria Virginia.
And subsequently Mr. Jonathon Moseley attorney at law Prince WIlliam County Virginia.

Both officers of the court were reported by Mr. Skarlatos to the Virginia State Bar for knowingly withholding exculpatory evidence to his case that should have immediately been made available for review to the presiding Judge in the first hearing with the charges of larceny theft levied against both he and his sister Elizabeth.

The exculpatory information was a very damaging police report central to the case that contained false statement(s) by the plaintiff and that a prior investigation by the police had been formally dropped for lack of probable cause in 2015 only to be reopened by a different investigator 3 years later in late May of 2018. The evidence that was withheld only became available when Mr. Skarlatos terminated his first attorney Ms. Carmichael from her duties as his counsel.

Mr. Skarlatos let his counsel know over the 3 months she served him that his rights to a speedy trial were being with force denied, citing that the police department's July 3, 2018 affidavit and it's violation(s) of law must be dismissed. In the absence of his attorney's support, Mr. Skarlatos wrote his own motion for pretrial dismissal which he delivered to Ms. Carmichael instructing her to deliver it to the court which she refused. Ms. Carmichael claimed at the time that it would be premature to invoke a dismissal on the grounds that the proceedings were in Juvenile and Domestic court, and that it would only be suitable to deliver a motion to dismiss if the case were moved from juvenile court to the circuit court if discovery and trial were to occur. Mr. Skarlatos never received an answer as to why the remedy he requested could not be delivered to the court regardless of which court it was in? The fact that it was held in juvenile court was in itself a violation and quite damning to the prosecutors case. This taking place of course prior to her involuntary separation from her client and the exculpatory evidence she knowingly withheld for 2 months only being made available after she was removed.

When Mr. Skarlatos made this evidence available 3 months later to his second attorney Mr. Moseley his demands for immediate dismissal were also denied. In fact. They were blatantly ignored -repeatedly. Mr. Moseley did not share with his own client what he knew in ongoing discussions with the plaintiff's attorney(s) and prosecutor with the evidence he received upon the involuntary separation of the prior attorney Ms. Carmichael. And after more then 4 months and before the last hearing in March of 2019, Mr. Moseley would only disclose to his client, that, in the prosecutor's opinion... the unapproved police report(s) obtained by Ms. Carmichael through the Commonwealth Attorney's officer were considered to be in the prosecutor's words "confusing and inaccurate"!

After more then 9 months and 4 separate court appearances in "juvenile court" without evidence being presented, the case was finally dismissed and the charges officially dropped after a coerced settlement agreement. Please see - "The Case of Matthew and Elizabeth Skarlatos vs. Fairfax County" and the referenced document(s) on Judicial Pedia for context.

Mr. Skarlatos opened two separate complaints with the Virginia Bar for the very deliberate malfeasance of Ms. Carmichael and Mr. Moseley which included a demand for compensation of $500,000 for each insured attorney with the violations of law cited in refusing to carry out their sworn duties in the defense of their client with crucial evidence to the case being deliberately withheld, and no demands for a speedy trial based on that evidence.

The Virginia State Bar would only respond with a form letter on behalf of Ms. Carmichael stating that "the bar does not investigate or discipline a lawyer solely on quality of the lawyers advice or strategy"... With the only remedy being a civil suit of malpractice or in the context of a criminal case "a petition for the writ of habeas corpus". A lawyer, in the Commonwealth "however can be investigated or disciplined for "certain serious situations"... such as "missing important deadlines, or failing to file required documents or abandoning a clients case"...

Mr. Moseley apparently fell under only one requirement and that was releasing the documents to Mr. Skarlatos' case which he did not do in their entirety. An investigation was allegedly conducted by the VSB (see enclosed scribd documents). And even though only one of 3 boxes of materials was received without authorized mail release by signature, the Bar declared that all the duties and obligations of the attorney had been fulfilled in good faith and with "best effort". Therefore there was no reason to pursue any further disciplinary action by the board.

Evidence withheld from Matthew Skarlatos by Ms. Jessica N. Carmichael -

https://www.scribd.com/document/467729019/Skarlatos-Police-Report-Bedore-
JNC-Highlights

JNC initials of the attorney with a digital creation date for that document being September 2018 and almost 2 weeks prior to the first hearing in juvenile and domestic court. The document was received before the second hearing in November of 2018.

Relevant communication(s) between Mr. Skarlatos and the Virginia State Bar as follows -

https://www.scribd.com/document/471992646/VSB-Complaint-J-Carmichael

https://www.scribd.com/document/471992645/VSB-Complaint-J-Moseley

https://www.scribd.com/document/472001700/Demands-for-Compensation-to-the-Damages-From-J-Carmichael-and-J-Moseley

https://www.scribd.com/document/471992642/RFI-on-Case-Regarding-
Compensation-in-Lieu-of-Damages-J-Carmichael-J-Moseley

https://www.scribd.com/document/471992640/VSB-Determination-J-Carmichael

https://www.scribd.com/document/471992641/VSB-Inquiry-to-J-Moseley

https://www.scribd.com/document/471992643/Continued-Status-on-Case-
J-Moseley

https://www.scribd.com/document/471992644/Letter-to-VSB-on-Status-of-Case-
J-Moseley

https://www.scribd.com/document/472001704/Final-Response-VSB-February-2020

https://www.scribd.com/document/471992647/Response-to-VSBs-Determination-
J-Moseley