April 18, 2018

Ms. Ashley M. Grimm, Esq.

Senior Legal Counsel and Director of Human Resources
Pennsylvania House of Representatives
Room B-8 Main Capitol
Harrisburg, PA 17120

Mr. Thomas J. Dymek, Esq.

General Counsel and Executive Director
Judiciary Committee
Pennsylvania House of Representatives
25 Ryan Office Building
Harrisburg, PA 17120

Re: Representative Miccarelli’s continued retaliation

Dear Attorney Grimm and Attorney Dymek,

Thank you for meeting with us to further discuss the Letter of Findings issued by the House of
Representatives. Following up on that discussion, we formally request that the House of
Representatives address the continued retaliation by Representative Miccarelli against our clients
in direct violation of the Republican Caucus General and Sexual Harassment Policy.

The Letter of Findings reads, on page 2: “Investigative Counsel finds that Representative
Miccarelli retaliated against [Client 1] in violation of the Republican Caucus General and Sexual
Harassment Policy’s Retaliation provisions.” The House noted that “Rep. Miccarelli had
previously been warned against taking any action that would appear to be retaliatory or give the
appearance of interfering with the investigation.”

Given the severity of this finding of retaliatory behavior against one filing complaint, Mutchler
Lyons asked, in our March 15, 2018 letter to you, what action House Leadership would take in
response to this violation.

In the ensuing weeks, Rep. Miccarelli continues to defy the directives related to retaliation, despite
Leadership’s referral of a detailed investigative report to law enforcement, and despite Court of
Common Pleas Judge Jeff Smith issuing a permanent Protection from Abuse Order against Rep.
Miccarelli on behalf of Representative Tarah Toohil, identified as Client 2. Please be advised of
the continuing behavior to date by Rep. Miccarelli and his agents:

Harrisburg, PA 717-710-3198 | Glenside, PA 217-414-8557 | www.MutchlerLyons.com

Rep. Miccarelli retaliated against one of the complainants by publicly naming her in his February
28, 2018 statement. He used House resources and a House staffer to disseminate the public
statement. Rep. Miccarelli continues to post our client’s name on Facebook.

Representative Miccarelli and his agents continue to disseminate, or offer to disseminate, intimate
material about one of our clients, in violation of both House policy and in violation of state law,
namely 18 Pa. C.S.A 3131, the Unlawful Dissemination of Intimate Image, which prohibits a
person from disseminating a visual depiction of a current or former sexual or intimate partner with
the intent to harass, annoy, or alarm that person. Rep. Miccarelli has retaliated against the
complainant on at least three occasions by disseminating material to:

(1) staff at the Delaware County Times, including editors and reporters, who has written about
this material (in interviewing our client, reporter Mr. Alex Rose stated – and wrote about
in his article – the fact that Representative Miccarelli and his team showed intimate
pictures of Client 1). The March 6, 2018 article stated “Miccarelli also provided the Daily
Times with a series of emailed pictures of the alleged victim in suggestive poses.” It is
important to note that Mr. Rose indicated that Rep. Miccarelli, who was accompanied by
a House staffer, requested that the news organization keep in its possession the intimate
materials, but his requests was rejected by the news organization.
(2) Ms. Christine Flowers, whose columns appeared in the Delaware County Times and
PennLive. Her news column indicated that she reviewed 10-months of material between
Rep. Miccarelli and Complainant – material that was shared during the consensual portion
of their relationship.
(3) requested a meeting with a reporter at the Philadelphia Inquirer with the specific offer to
show him this material.
(4) Offered to show this material to a broadcast news reporter as well.

Finally, Rep. Miccarelli continues to launch threatening public statements against our clients. Rep.
Miccarelli has threatened action against anyone who “spread” our clients’ allegation of sexual
assault and domestic violence. Rep. Miccarelli’s threat would arguably include House Leadership
since it shared the details of those allegations with law enforcement. These statements, designed
to silence and intimidate our Clients, include the following:

"Nick's legal team is weighing potential causes of action against Toohil, the
anonymous accuser and their counsel for this outrageous conduct. Enough is
enough. These two women have shamelessly used and abused the #MeToo
movement to falsely accuse Nick Miccarelli, knowing that the gullible,
sensationalist news media would stoke the desired public firestorm. We're not going

Harrisburg, PA 717-710-3198 | Glenside, PA 217-414-8557 | www.MutchlerLyons.com

 to take this garbage." From March 29 statement from Rep. Miccarelli spokesperson
to The Caucus

"Nick will continue to clear his name of these false charges and will pursue legal
action against all those who continue to make these false claims, as well as those
who have willingly and irresponsibly spread these false allegations." From
March 22 statement from Rep. Miccarelli spokesperson

Representative Miccarelli, with the use of a House staffer and House resources, continues to
retaliate against our clients in direct violation of House policy. He defies House Leaderships’ call
for him to step down, leaving our clients, one of whom is also a member of the House, to formally
ask: What action will the House Leadership take in response to his continued retaliatory behavior?

Rep. Miccarelli’s status as an elected official of the House of Representatives does not bestow
upon him the power to violate House policies without consequence. Nor does referring
investigative findings to law enforcement relieve House Leadership from its duty to action against
a Member who blatantly and continually violates Caucus policy – specifically a Member who
retaliates against women who, in accordance with Caucus procedure, leveled credible allegations
of sexual assault and domestic violence against him.

Respectfully,

Terry Mutchler and Charles Lyons

Harrisburg, PA 717-710-3198 | Glenside, PA 217-414-8557 | www.MutchlerLyons.com