MCDANIEL & ASSOCIATES, P.A.

1025 First Street, S.E. Penthouse 13 | Washington, DC 20003 | T 202.331.0793 | F 202.331.7004 McDaniel & Asso. P.A | bkmassociates@aol.com

Brian K. McDaniel Direct 301.996.6904

January 25, 2013

Via Electronic Mailing

RE.

Erroneous Fact Included in the Affidavit in

Support of the Arrest of Mr. Frederick Smoot.

From the Desk of Attorney Brian K. McDaniel: Thank you in advance for your receipt and review of this correspondence.

This office represents Mr. Frederick Fred Smoot in connection with his arrest December 30, 2012. While I will not discuss herein the substance of the stop or

for allegedly operating his vehicle while intoxicated in the early morning hours of the underlying allegations which gave rise to the formal charges (as we intend to the time to address some of the plainly erroneous and factually unsupported

address those matters through the formal litigation process), I would like to take information included in the Affidavit created by Officer Seth Carll. This, in the the original reporting was published.

hope that you will take the time to clarify some of these issues as aggressively as

he was with on this evening. I have spoken with this witness who confirms that when he was pulled over for the purported absence of tags on is vehicle.

Firstly, Mr. Smoot was not arguing and had not argued with the young lady

after leaving a local DC restaurant, she was travelling behind Mr. Smoots vehicle Contrary to what was reported in the aforementioned affidavit, the witness was not his girlfriend but was a casual acquaintance and there had been no argument that evening.

on himself while being held in the search area of the First District Precinct. This allegation is plainly false and was included in the report only to embarrass Mr. media. So that I am clear, Mr. Smoot did not urinate on himself while in the precinct or at any other time during or while he was in custody. A fair and objective review of the Affidavit created by Officer Carll reveals that the portion reporting these intentionally embarrassing mistruths are memorialized in hand review the Affidavit). These Affidavits are historically completed by law arrested. Unless Officer Carll broke with protocol and began to do his unlikely) this information was included as an after thought and only to sensationalize the arrest of Mr. Smoot. writing as an add on to the rest of the report which was done in type set. (Please enforcement officers after the completion of the processing of anyone who is paperwork prior to the processing of Mr. Smoot (an occurrence which is highly Smoot when it was predictably picked up and ran with by the local and national

Secondly, much has been made of the allegation that Mr. Smoot urinated

While I understand that, to report on the counter position of Mr. Smoot regarding these matters may not be as sexy as reporting the purposefully right and fair thing to do. embarrassing information included in Officer Carlls Affidavit, it is certainly the

way, please contact us at our offices.

If you have any questions or concerns or if I may be of assistance in any

Respectfully, /s/

Brian K. McDaniel, Esq.