March 22, 1994
3801 Connecticut Avenue, NW
Washington, DC 20008
Charles L. Reischel, Esq.
Deputy Corporation Counsel
Government of the District of
441 Fourth Street, NW
Washington, DC 20001
RE: Freedman v. D.C. Dept. of Human Rights
D.C. Court of Appeals Docket No. 93-AA-1342
Dear Mr. Reischel:
I would like to draw your attention to two peculiar features of a document filed on May 22, 1992 by my former employer, the law firm of Akin, Gump, Strauss, Hauer & Feld (“Akin Gump”), in its response to the D.C. Department of Human Rights’ interrogatories and document request in Freedman v. Akin, Gump, Hauer & Feld.
The document in question is a confidential memorandum dated October 29, 1991 from Dennis M. Race to File re: Gary Freedman (“Attachment F” of Akin Gump’s Response).
First, I find it peculiar that Mr. Race in a confidential memo to his own file, ostensibly prepared to memorialize for his future reference the key facts relating to an employee’s termination, would omit the names of the mental health professionals with whom the firm purportedly consulted. The oblique tone of the memo seems tailor-made to the pleadings to which it is attached, which also fail to identify Gertrude R. Ticho, M.D. as the psychiatrist whom Akin Gump claims to have consulted.
Second, I would like to point out certain facts relating to the chronology of events surrounding my termination.
1. The decision to terminate my employment was apparently made some time on Monday October 28, 1991. The severance check was dated October 28, 1991. Also, the enclosed Notice of Group Life Conversion Privilege was signed by Georgia Decker (Benefits Coordinator) on Monday October 28, 1991. The form was presented to me for signature at the termination meeting on October 29, 1991 (and so indicates).
2. The termination meeting was held shortly before noon on Tuesday October 29, 1991.
Page 2 of letter dated March 22, 1994
3. The confidential memo from Dennis Race to file is dated (Tuesday) October 29, 1991. You will notice that the final paragraph of the memo opens with the phrase: “Gary will be given an additional two weeks severance. . . .” Mr. Race’s language suggests that he prepared the memo some time before the termination meeting, which was just prior to noon on October 29, 1991.
Thus, the memo records the decision to terminate, which apparently was made on Monday October 28, 1991, and seems to anticipate an event (namely, the termination meeting) on October 29, 1991; the content of the memo suggests that it was prepared on the morning of Tuesday October 29, 1991. I do not know whether Dennis Race customarily (1) defers memorializing the events of the previous business day until the next morning and (2) memorializes events of the upcoming business day in the morning.
Eric H. Holder, Jr. [US Atty for DC]
James P. Turner [Head Civil Rights Div., DOJ]