September 11, 2000
Robert J. Surdyk
Jenks, Surdyk, & Cowdrey Co
Suite 900
130 W. Second St.
Dayton, OH 45402

RE: Case # C-3 00-140, Durrstein v Arthur et al: Possible settlement for your client.

Dear Mr. Surdyk:

Your clients, the City of Beavercreek and the Beavercreek Police Department, were included in this action for their failure to act upon notice of criminal action and other violations of Constitutional, legal, and regulatory subjects. The statute of limitations is rapidly approaching with no action by your clients to perform their obligations under the law, regulation, the Constitution, and professional and ethical standards.

Should your clients immediately act upon, investigate thoroughly, and prosecute vigorously the criminal actions currently and previously reported to them, perhaps they may redeem themselves and use such proper, if belated, actions as significant in obtaining release from the subject legal action. Such action should involve polygraphs of myself and those accused by me with the polygraphs performed by an independent operator of the highest integrity and competence. While court admissibility is an issue, proper polygraphs are valuable investigative tools.

Consider the consequences of continued failure to act. Once the statute of limitations has been incurred, I have all the more reason not to consider any release from this action. Further, both a jury and the public might well consider such failure to investigate and prosecute criminal actions as significant in assessing liability for damages and punitive assessments.

I am available for further discussion should you and your clients seek appropriate resolution of this matter.

Very truly yours,