In re Gruhler
| Decision Date | 22 February 2021 |
| Docket Number | 20-095 |
| Parties | In the Matter of Jacqueline Patricia Gruhler An Attorney at Law |
| Court | New Jersey Supreme Court |
Ashley L. Kolata-Guzik, Assistant Deputy Ethics Counsel for the Office of Attorney Ethics, waived oral argument.
Kim D Ringler, counsel for respondent, waived oral argument.
To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey.
This matter was before us on a motion for final discipline filed by the Office of Attorney Ethics (OAE), pursuant to R. 1:20-13(c)(2), following respondent's guilty plea and conviction in the Superior Court of New Jersey, Law Division, Criminal Part, Cape May County, to third-degree possession of a controlled dangerous substance (CDS) (methamphetamine) with intent to distribute, contrary to N.J.S.A. 2C:35-5(a)(1) and (b)(3).
For the reasons set forth below, we determine to grant the motion for final discipline and recommend respondent's disbarment.
Respondent was admitted to the New Jersey bar in 2007 and to the Pennsylvania bar in 2006. At some point in her career, she spent nine years as an Assistant District Attorney with the City of Philadelphia District Attorney's Office. It is not clear from the record whether respondent ever has practiced law in New Jersey, where she has no disciplinary history.
We now turn to the facts of this matter.
On June 25, 2019, respondent was arrested and charged with multiple offenses involving controlled dangerous substances (CDS) and weapons. The CDS charges included second-degree possession of CDS (heroin), with intent to distribute, within 500 feet of public property (Wildwood boardwalk), contrary to N.J.S.A. 2C:35-7(1)(a); third-degree possession of CDS (methamphetamine), contrary to N.J.S.A. 2C:35-10(a)(1); third-degree possession of CDS (heroin), with intent to distribute, contrary to N.J.S.A. 2C:35-10A(1) and (4) and N.J.S.A. 2C:35-5(b)(3); third-degree possession of CDS (cocaine), contrary to N.J.S.A. 2C:35-10(a)(1); fourth-degree possession of five or more dosage units of a prescription legend drug (gabapentin), without a prescription, contrary to N.J.S.A. 2C:35-10.5(e)(2); and the disorderly persons offenses of (1) possession of CDS (marijuana), contrary to N.J.S.A. 10(a)(4), (2) possession of drug paraphernalia, contrary to N.J.S.A. 2C:36-2(a), and (3) possession of four or fewer dosage units of a prescription legend drug (gabapentin) without a prescription, contrary to N.J.S.A. 2C:35-10.5(e)(1).
The weapons charges included second-degree possession of a handgun (Ruger LC9 9mm with a defaced serial number) without a permit, contrary to N.J.S.A. 2C:39-5(b)(1); second-degree possession of a firearm (Ruger LC9 9mm with a defaced serial number) while in the course of committing, or attempting to commit, or conspiring to commit a violation of N.J.S.A. 2C:35-5, N.J.S.A. 2C:35-7, and N.J.S.A. 2C:35-7.1, contrary to N.J.S.A. 2C:39-4(1)(a); and fourth-degree possession of a defaced firearm, contrary to N.J.S.A. 2C:39-3(d).
On September 26, 2019, respondent waived her right to an indictment and agreed to proceed by way of an accusation charging her with second-degree possession of CDS (methamphetamine), with intent to distribute, contrary to N.J.S.A. 2C:35-5(a)(1).
On December 6, 2019, before the Honorable Michael J. Donohue, J.S.C., respondent entered a guilty plea to a downgraded charge of third-degree possession of CDS (methamphetamine), with intent to distribute, contrary to N.J.S.A. 2C:35-5(a)(1) and (b)(3). Specifically, respondent allocuted that, on June 24 and 25, 2019, when she and her husband, Mutatie Hakeem Johnson, were in Wildwood, New Jersey, she knew that he was in possession of methamphetamine, which he intended to sell. She was assisting him in selling that methamphetamine "at or around the motel area," where they had rented a room. Pursuant to her plea agreement, respondent was admitted to the Pre-Trial Intervention Program (PTI) for a period of twenty-four months and ordered to pay $1, 225 in fines, penalties, and assessments.[1]
Further details about respondent's criminal conduct are set forth in various police reports and two recorded interviews of respondent. According to Patrolman Peter Hand's report, on June 24, 2019, between 5:30 and 6:00 a.m., respondent, who was with Johnson, checked into the Monaco Motel in Wildwood, New Jersey. Throughout the day, the hotel manager, Jerald Kretchman, observed "foot traffic to and from the room." Kretchman informed respondent that unregistered guests were not welcome on the property.
Kretchman claimed that respondent and Johnson checked out on June 24, 2019, at 11:30 p.m., but returned to the motel on June 25, 2019, at 1:50 a.m. Kretchman called the police shortly thereafter. By the time Patrolman Hand arrived, respondent and Johnson had once again departed the motel premises.
According to Hand's report, Kretchman accompanied him to the room, where two handwritten messages, written on cardboard, were tucked into the door. Together, the notes stated:
In response to the notes, Kretchman searched the room, looked under the bed, and found a backpack that contained a loaded gun, four bundles of what appeared to be heroin, and four containers of suspected marijuana. Consequently, Patrolman Hand contacted detectives.
On June 25, 2019, shortly after 9:00 a.m., Kretchman called the police again, after respondent and Johnson returned to the property. Although they left the motel in a vehicle before the police arrived, the police located the vehicle, which Johnson was driving and in which respondent was a passenger. Johnson's papers identified him as Malik K. John-Garner, however. He and respondent were taken into custody.
At police headquarters, a search of respondent's purse revealed cocaine; methamphetamine; marijuana; gabapentin; and plastic straws. In addition, the police learned that Malik K. John-Garner was, in truth, Johnson.
On June 25, 2019, Wildwood Police Department Detective Tristan Johns conducted two recorded interviews of respondent, after she waived her Miranda right to have an attorney present. During the first interview, which took place during late morning, respondent identified Johnson as Malik K. John-Garner. She claimed that she did not have a gun, never carried a gun, and neither ingested nor sold drugs. She also denied ever seeing Johnson with a gun or narcotics.
Respondent told Detective Johns that, even though her family had a house in Wildwood Crest, she and Johnson had elected to stay at the Monaco Motel. She acknowledged that Kretchman had confronted her about having guests on the property but claimed that the visitors were her cousin and her brother.
According to respondent, she decided to leave the motel because the Kretchman's behavior made her uncomfortable. When she checked out of the motel, at 11:30 p.m., she returned the room key and parking pass to Kretchman. She claimed that, shortly thereafter, she and Johnson returned to retrieve a watch and jewelry that she had inadvertently left in the room. However, because they were unable to locate Kretchman and gain entry to the room, they went to her family's house in Wildwood Crest. Respondent claimed that she returned to the hotel a second time with her brother, who left the notes.
Respondent stated that, when the police called her, at approximately 2:00 a.m., she was not in the area. She claimed that the officer did not want to wait for her to return to the motel, so she and Kretchman agreed that she would return at 9:00 a.m.
At respondent's second police interview, which took place later the same day, she admitted that Malik K. John-Garner was not Johnson's name, that his real name was Mutatie Johnson, and that he had been using his brother's identification. Respondent stated that she had met Johnson in September 2018, that they were married in May 2019, and that she knew he was a drug dealer.
By the time of the second interview, the police had found the drugs and drug paraphernalia in respondent's purse. She admitted that, in the past, she had agreed to hold drugs for Johnson in her purse because, if she were caught with CDS, she would be released on bail, considering her lack of a criminal record. In contrast, Johnson would be incarcerated, because the Police Department of Ridley Township, Pennsylvania had issued an outstanding warrant for him, as an "absconder for drugs and a gun." Despite these statements, respondent insisted that she was not aware of the drugs in her purse and, further, that they did not belong to her.
In connection with these disciplinary proceedings respondent's counsel, Kim Ringler, submitted an April 20, 2020 letter to Office of Board Counsel advancing the following mitigation: respondent (1) accepted responsibility for her actions; (2) cooperated with law enforcement and disciplinary authorities; (3) served for nine years as an Assistant District Attorney with the Philadelphia District Attorney's Office; (4) prior to her arrest, had maintained a good reputation as an attorney; (5) paid all fees and fines that the Superior Court of New Jersey had imposed on her and remains current with the monthly supervision fee imposed by the Pennsylvania Board of Probation and Parole (Pennsylvania Board), which now supervises...
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