Attorney Grievance Commission v. Eckel

115 A.3d 142, 443 Md. 75, 2015 Md. LEXIS 299
CourtCourt of Appeals of Maryland
DecidedMay 22, 2015
Docket86ag/09
StatusPublished
Cited by7 cases

This text of 115 A.3d 142 (Attorney Grievance Commission v. Eckel) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Attorney Grievance Commission v. Eckel, 115 A.3d 142, 443 Md. 75, 2015 Md. LEXIS 299 (Md. 2015).

Opinions

ADKINS, J.

On May 13, 2010, Petitioner, Attorney Grievance Commission (“AGC”), acting through Bar Counsel, filed a Petition for Disciplinary or Remedial Action against Respondent, Grason John-Alien Eckel. Bar Counsel charged Eckel with violating Maryland Lawyers’ Rules of Professional Conduct (“MLRPC”) 8.4(b),1 stemming from his 2009 arrest and 2010 conviction for assault in the second degree, sexual offense in [78]*78the fourth degree, and false imprisonment. Pursuant to Maryland Rule 16-771, Bar Counsel requested a temporary order of suspension against Eckel, which this Court granted on July 21, 2010.

On January 31, 2014, Bar Counsel filed a Motion for Further Proceedings. As permitted by Maryland Rule 16-752(a), we referred the Petition to the Honorable Leah J. Seaton of the Circuit Court for Dorchester County to conduct an evidentiary hearing and make findings of fact and conclusions of law.2 In those Findings of Fact and Conclusions of Law, Judge Seaton found by clear and convincing evidence that Eckel violated MLRPC Rule 8.4(b).

THE HEARING JUDGE’S FINDINGS OF FACT

Judge Seaton adopted the Joint Stipulated Findings of Fact and Conclusions of Law (“Joint Stipulation”) offered by Eckel and Bar Counsel and found the following by clear and convincing evidence3:

[Eckel] was admitted to the Bar of the Court of Appeals of Maryland on June 25, 1979. Prior to July 21, 2010, [Eckel] was also admitted to practice law in the District of Columbia and before the United States District Court for the District of Maryland, the United States Court of Appeals for the Fourth Circuit and the Supreme Court of the United States. Prior to August 1, 2009, [Eckel] maintained an office for the practice of law in Cambridge, Dorchester County, Maryland.
Criminal Conviction
[79]*79On August 1, 2009, [Eckel] was arrested at his law office and charged with attempted second degree rape, attempted second degree sexual offense, second degree assault, fourth degree sexual offense, and false imprisonment. The charges arose from an incident which occurred at approximately 12:21 a.m. on August 1, 2009, when [Eckel] got into a physical altercation with a female on a couch in his law office in Cambridge, Maryland. The facts established at trial before the Circuit Court for Dorchester County, Maryland, were as follows:
On the evening of Saturday, July 31, 2009, [Eckel] went to a Cambridge Bar to have a couple of beers. He left the bar around 10:30 p.m. to purchase cigarettes from a local convenience store, which required him to drive down Race Street. At the traffic light at Cedar Street, Tara Cannon, a woman who [Eckel] claimed to have never met before the night in question, walked toward his car and waved at him. He waved back. She walked away as he drove off. After making his purchase, [Eckel] drove back toward the bar and saw the same woman sitting on a bench at the intersection of Race and Cedar Streets. Again Ms. Cannon waved at him. [Eckel’s] windows were down, and Cannon allegedly asked him if he wanted “to party.” He responded, “why not?” and invited her into his car. Claiming not to have enough cash to take her to a bar, he drove to his nearby law office. They walked inside, sat on a sofa, and [Eckel] put on a concert tape as they began small talk.

Judge Seaton summarized the competing narratives presented by Eckel and Cannon — as well as that of the first law enforcement officer on the scene — regarding the events transpiring in the law office immediately before Eckel’s arrest:

At trial [Eckel] maintained the following version of what transpired: Cannon left her purse on the floor in his office while she went to the store. [Eckel] described the purse as a large, brown purse, with long, pink, shoulder straps, “like you would take to the beach with you.” [Eckel] testified that after several minutes, Cannon returned and they resumed talking. During the conversation, Cannon lamented [80]*80that she did not have any place to stay that night, so [Eckel] offered her the sofa bed in his office. Cannon told [Eckel] that she would prefer to get a room at the Best Value Inn. [Eckel] responded that he would get her a room, and informed Cannon that he would go to an ATM machine to get some money. Shortly after midnight, he went to the nearby ATM, made two withdrawals — one for $260 and another for $60 — and returned to the office. [Eckel] testified that he took the cash out of his pocket, counted out $60 to leave under the shelf on the computer table in his office for later use and placed the remaining $260 on the coffee table. Allegedly, Cannon then asked, “Well, can we go now?”
[Eckel] told Cannon that he would drive her to the hotel, but first needed to use the bathroom. According to [Eckel], as he turned toward the direction of the bathroom, he saw and/or heard Cannon grabbing the cash he had just placed on the table. As she headed toward the door, [Eckel] approached Cannon from behind, grabbed the straps of her purse, and informed her that she was not “walking out of here with my money.” [Eckel] asserted that in response to his pulling on the purse strap, Cannon struck him, knocking the glasses off his face.
[Eckel’s] testimony continued thusly: I’m still pulling on the purse, Your Honor. ‘Give me my money. Give me’ — she clocks me again screaming, ‘Rape, rape.’ My window’s open, Your Honor. She’s screaming to the outside. I’m still pulling on that purse. Finally she’s twisting and turning, Your Honor. This is how I get her to the couch, because I cannot pull her to the couch with her hands raised above her head. No one could do that. She would only have to knee me in the groin and it would be over. Upon “getting her to the couch,” [Eckel] was positioned on top of Cannon holding her hands down above her head.
According to Cannon, what happened was as follows: After the two sat on the couch for some time, [Eckel] began to rub her leg, and Cannon brushed his hand away. At one point, [Eckel] touched her leg, moved his hand up her leg [81]*81and touched her vaginal area through her pants. Cannon then became afraid, stood up, and walked to the door. As she was opening the door, [Eckel] approached her from behind, grabbed her, and forced her hands above her head. He then shut the door, preventing her from leaving the building. Cannon stated that [Eckel] then pushed her to the sofa while she fought to get away by scratching [Eckel’s] face. Cannon screamed for help as [Eckel] held her hands above her head, all the while sitting on her chest. Cannon believed that [Eckel] intended to force her to engage in sex against her will, and she screamed out for help that she was being raped.
Corporal Antoine Patton of the Cambridge Police Department, who was on a bicycle conducting undercover surveillance for the downtown Cambridge commercial district that evening, heard Cannon yelling: “Help. Somebody please help me. He’s trying to rape me. Get off me. I can’t breathe. I swear to God I’ll give it to you if you just don’t hurt me.” Patton further testified that he looked in the window and saw [Eckel] holding Cannon down on the sofa. He then kicked in the door, drew his firearm, and ordered: “Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
115 A.3d 142, 443 Md. 75, 2015 Md. LEXIS 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-eckel-md-2015.