[10-Jan-1997]



                              STATE OF VERMONT
                         PROFESSIONAL CONDUCT BOARD

IN RE:  Gregory Howe, Esq. - Respondent
        PCB Docket No. 94.01



                              DECISION NO. 116

       We received a report of the hearing panel, recommending dismissal of
  this matter.

       Based upon that report, we find that the complaining witness was
  subpoenaed to attend the hearing on the merits of this case but did not
  appear.  Bar counsel represented that she was unable to prove the facts
  alleged in paragraphs 3 through 7 of the petition of misconduct.  She asked
  that the sections alleging violation of DR 5-101(A) be dismissed. 

       Bar counsel then called three witnesses:  Stephanie Turner, Gerald
  Robinson Putnam, Jr., and Respondent.  The first witness testified as to a
  transcript she created from a tape recording identified as Plaintiff's
  Exhibit #9.  The second witness testified as an expert witness.  He opined,
  inter alia, that Plaintiff's Exhibit #9 for identification was a tape
  recording which had not been edited or tampered with.

       Respondent then testified briefly.  Bar counsel offered Exhibit #9. 
  Respondent objected.

       After some deliberation and consideration of the legal authority
  submitted by both parties, the hearing panel concluded that there was
  insufficient foundation on the present state of evidence to admit the
  offered tape recording.  The panel indicated that it would reconsider if
  bar counsel had additional evidence or legal theory to support
  admissibility.  At that point, bar counsel rested.  Respondent offered no
  evidence.

       Based upon this evidence, the panel was unable to make any findings of
  fact or conclusions of law relevant to the remaining allegations in the
  pending petition.

       We conclude that there is insufficient evidence to prove any of the
  allegations of misconduct in the petition regarding the above captioned
  matter.  We, therefore, dismiss the petition to the extent that it refers
  to PCB Docket No. 94.01.

       Dated at Montpelier, Vermont this  10th     day of January, 1997.

                                        PROFESSIONAL CONDUCT BOARD


                                             /s/
                                        ____________________________ 
                                        Robert P. Keiner, Esq. Chair


     /s/                                     /s/
___________________________             ____________________________
Joseph F. Cahill, Jr., Esq.             Charles Cummings, Esq.


     /s/                                     /s/
___________________________             ____________________________
Paul S. Ferber, Esq.                    Michael Filipiak


                                             /s/
___________________________             ____________________________
Nancy Foster                            Rosalyn Hunneman


     /s/
___________________________             ____________________________
Karen Miller, Esq.                      Robert F. O'Neill, Esq.


     /s/
___________________________             ____________________________
Alan S. Rome, Esq.                      Mark L. Sperry, Esq.


     /s/
___________________________             ____________________________
Ruth Stokes                             Jane Woodruff, Esq.


/usr3/wsc/howe.fnlop