21 June 2004

Ms. Janith A. Davis

Deputy Disciplinary Administrator

Office of the Disciplinary Administrator State of Kansas

701 Jackson St., 1st Floor

Topeka, KS 66603‑3729

Dear Ms. Davis:

Thank you for your letter of May 28, 2004 concerning the KRPC and the enclosure of the complaint form. Attached you will discover a complaint, affidavit, and exhibits concerning the following matters:

1.) The complaint is directed against a Kansas attorney, Scott David Lowry.

2.) It is alleged that Scott David.Lowry deceived court and counsel about his legal background while acting as a jury foreman.

3.) It is further alleged that Mr. Lowry deceived the court and defense counsel about his acquaintance with various employees of the USAO, including the AUSA prosecuting the case in which Mr. Lowry was jury foreman.

4.) In doing so, it is asserted that Mr. Lowry violated the relevant sections of the Kansas Rules of Professional Conduct.

I request that the Office of the Disciplinary Administrator investigate this matter and apply the appropriate sanctions for violations of the KRPC of this degree. During the course of your investigation, I will continue to provide supplemental exhibits as they become available.

5.) The initial exhibits are enclosed within, or attached to, the motion before the 10th Circuit Court of Appeals and now pending.

Please let me know if I may be of further assistance.

Sincerely

William L. Pickard

82687011 3901 Klein Blvd.

Lompoc, CA 93436

STATE OF KANSAS

STANTON A. HAZLETT

Disciplinary Administrator

FRANK V. DIEHL

ALEXANDER WAL CZAR JANITH A. DAViS

Deputy Disciplinary

Administrators

GAYLE B. LARKIN

Admissions Attorney

701 Jackson St 1st Floor

Topeka, Kansas 66603‑3729

Telephone: (785) 296‑2486

Fax:(785) 296‑6049

OFFICE OF THE DISCIPLINARY ADMINISTRATOR

COMPLAINT FORM

GENERAL INSTRUCTIONS: Complete the following form in as much detail as possible. Provide the attorneys lull name. If you wish to complain about more than one attorney, complete a separate complaint form for each attorney. If any of the questions do not apply to your case, write N/A in the spaces that are net applicable.

FEE DISPUTES: Please be advised that we do not settle fee disputes. If you are disputing the fee paid to your attorney, please contact one of the following Fee Dispute Committees: Johnson County Bar Fee Dispute Committee (913) 780‑5460; Sedgwick County Bar Fee Dispute Committee (316) 263‑2251; Kansas Bar Association Fee Dispute Committee (785) 2345696.

PROCEDURE: After the materials are received by the Office of the Disciplinary Administrator, an attorney will be assigned to review the documents and supervise the investigation of the complaint. You will be kept informed when action occurs regarding your complaint.

Your Name: William Leonard Pickard

Your Address: 82687011 3901 Klein Blvd.

City, State, Zip: Lompoc California 93436

Home Phone No.:313.557.6219

Cell Phone No.:

Work Phone No.:

Fax Phone No..

E‑Mail Address: pickard@berkeley. edu

respond via letter ‑‑NA

Attorney's Name:Scott David Lowry

Attorney's Address:Kansas State Bank Commision

700 SW Jackson St Ste 300

City, State, Zip:Topeka KS166603

Attorney's Phone No.:785.228.1445

Did you hire the attorney? Yes _____ No X

If yes, when did you hire the attorney?

How much did you pay the attorney for attorney fees? Please attach a copy of any receipts, cancelled checks, contracts, fee agreements, and engagement letters.

What did you hire the attorney to do?

If no, what is your connection with the attorney? Please explain briefly.

Attorney was jury foreman in United States v Pickard but denied legal training during voir dire Attorney also denied acquaintance with USAO but attended law school with AUSA that prosecuted the case in which attorney was foreman.

Is your complaint about a law suit? Yes X No

If yes, what is the name of the court? For example, the Kansas Supreme Court, the District Court of Shawnee County, Kansas, the Municipal Court of Topeka,

Kansas. United States District Court for Kansas

What is the title of the suit? For example, Jane Smith v. John Doe.

United States v. Pickard (D.C No 00‑CR‑40104‑01‑RDR)

What is the case number?

see above, and 10th Cir. case No. 03‑3369

Approximately when was the law suit filed?

The eleven‑week proceeding began on January 13, 2003

If you are not a party to the law suit, what is your connection with it? Please explain briefly.

Have you or has a member of your family complained about an attorney in the past?

Yes No X

If yes, what is the name of the attorney who was the subject of the previous complaint?

Approximately when was the previous complaint filed?

What was the disposition of the previous complaint filed?

FACTUAL STATEMENT: On a separate piece of paper, please prepare a detailed factual statement of your complaint. State the facts as you understand them. Do not include opinions or arguments. Include information about the type of case it was, i.e. divorce, criminal, etc. and when it started. If you employed the attorney also include how you chose the attorney, when you first met with the attorney, what the fee agreement was, whether the agreement was written or oral, what has happened so far in the case, and the last contact you had with the attorney.

Sign and date your statement. Further information may be requested later. Attach copies of pertinent documents. PLEASE BE ADVISED THAT WE CANNOT RETURN DOCUMENTS SUBMITTED TO THIS OFFICE. YOU SHOULD RETAIN A COPY OF ALL MATERIALS YOU SUBMIT.

Please send the completed Complaint Form, your detailed statement of complaint, along with any pertinent documents to: Office of the Disciplinary Administrator, 701 Southwest Jackson, First Floor, Topeka, Kansas 66603.

Complainant's Signature

AFFIDAVIT AND COMPLAINT

1.) I, William Leonard Pickard, allege the following:

2.) I am the defendant in the matter of United States v Pickard

(D.C. No. 00‑CR‑40104‑0l‑RDR, 10th Circuit Case No. 03‑3369).

3.) This complaint concerns Scott David Lowry, an attorney admitted to the bar on September 26, 1997 (see Exhibit 5, confirming Lowry's admission to the bar by Trish Heim, Attorney Registration, Kansas Supreme Court).

4.) Scott David Lowry was the foreman of the jury in United States v Pickard

5.) During voir dire by defense counsel, government counsel, and the court, Lowry denied that he had any legal training.

6.) During voir dire Lowry also denied knowing any government counsel.

7.) Investigation by the defense revealed that Scott David Lowry graduated from the Washburn University School of Law in 1987.

8.) Investigation further revealed that, within the Delta Theta Phi Directory of Students, a photograph of Scott David Lowry appears directly above that of Thomas Luedke, a prosecutor currently employed by the USAO Topeka. (Exhibit 3)

9.) Within the same directory is a photograph of Gregory Hough, the

prosecutor acting as government counsel in United States v Pickard

10.) Inquiry to the Washburn University School of Law revealed that the. school is housed in ,a single building, and that "every student can know every other student" (see Exhibit 7 and Exhibit 8).

11.) Inquiry to the Dean of Washburn University School of Law revealed that Scott David Lowry and Gregory Hough graduated on December 19, 1987 and May 17, 1986, respectively (Exhibit 4).

12.) Lowry was present and heard counsel's inquiry into the legal training of jurors Barker, Wehrly, McLean, Mason, Arand‑Hopkins, and prospective juror Cochran, yet remained silent during and after the questioning of these jurors. (Exhibit 9)

13.) Lowry also remained silent during the questioning of jurors concerning their acquaintance with employees of the USAO Topeka, Wichita, and Kansas City. (Exhibit 10)

14.) I assert that Scott David Lowry has violated the Kansas Rules of Professional Conduct, viz. the relevant sections concerning, inter alia candor to the tribunal and false statements of material fact, engaging in conduct that reflects adversely on the lawyer's honestly and trustworthiness, engaging in conduct involving fraud, deceit and misrepresentation and engaging in conduct that is prejudicial to the administration of justice.