Appendix Page 38

February 2, 1995

Law Offices of
Alderman and Ahlbrand, P.A.

Frank C. Alderman, III<
Mark W. Ahlbrand

1533 Hendry Street
Post Office Box 1530
Fort Myers, Florida 33902-1530
941/334-7899, Fax 941/334-0770

Robert Allston
c/o Lee County Jail
1700 Monroe Street
Fort Myers, Florida 33901

Re: State v. Robert F. Allston
Case No. 94-803CF

Dear Bob:

You leave me no choice but to file the enclosed Motion to Withdraw of Counsel. I think that I have made it very clear that I will do anything to assist and defend you, but that you must meet me halfway. In view of the unusual defense which you wish to raise, your demands regarding expert witnesses, and your wish for an attorney outside of the county, I do not think that I am able to successfully represent you, much less please you.

Furthermore, though I would never claim to be even an amateur psychologist, it is clear to me from certain comments that you made this morning that your wish to continue in the Lee County Jail, and to receive medical treatment, etc., is simply an extension of your desire to take Lee County to task for the perceived wrongs that have done you, and a continued power struggle. It is my humble opinion that your wish to stay in the Lee County Jail is not a rational one, and I do not believe that I can give you the assistance that you need.

Accordingly, I have scheduled a hearing to withdraw as indicated on the Notice of Hearing, and remind and encourage you as co-counsel, as well as the Defendant, that you have the right to indicate to the Court whatever you wish regarding this motion.

Very truly yours,

Frank C. Alderman

FCA/ide
Enclosure