Attorney Grievance Commission v. Kent

653 A.2d 909, 337 Md. 361, 1995 Md. LEXIS 19
CourtCourt of Appeals of Maryland
DecidedFebruary 10, 1995
DocketMisc. (Subtitle BV), No. 48
StatusPublished
Cited by50 cases

This text of 653 A.2d 909 (Attorney Grievance Commission v. Kent) 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. Kent, 653 A.2d 909, 337 Md. 361, 1995 Md. LEXIS 19 (Md. 1995).

Opinion

RAKER, Judge.

In this disciplinary proceeding, the Attorney Grievance Commission, acting through Bar Counsel, charged the respondent, Michael Gayhart Kent, with violations of Rule 1.7 (Conflict of Interest: General Rule), Rule 3.3 (Candor Toward the Tribunal), Rule 3.4 (Fairness to Opposing Party and Counsel), Rule 4.2 (Communication with Person Represented by Counsel), and Rule 8.4 (Misconduct) of the Maryland Rules of Professional Conduct. These charges stem from respondent’s representation of Paul Holland and Anthony Gray, defendants in a first degree murder, robbery, and rape case in Calvert County, Maryland. Bar Counsel recommends that respondent be disbarred from the practice of law.

Pursuant to Maryland Rule BV9(b), we referred this matter to Judge Robert J. Woods of the Circuit Court for Calvert County, to make findings of facts and conclusions of law in accordance with Maryland Rule BVU(a). After a three-day evidentiary hearing, Judge Woods found that respondent had violated Rules 1.7, 3.4(c), 4.2, and 8.4(d), but that he had not violated Rule 3.3(a). Both Bar Counsel and respondent filed exceptions to the findings.

I.

Following the evidentiary hearing held on April 11-13,1994, Judge Woods found the following uncontested facts:

“The Respondent, Michael G. Kent, was born in Calvert County, Maryland. He was admitted to the Bar of this Court on June 26, 1985. Upon graduation from law school, Respondent worked for Baltimore City State’s Attorneys Office until 1987. In 1987, he came to work for a short time with the State’s Attorneys Office in Prince George’s County. He then opened up his own office in Calvert County, Maryland, at 3720 Solomons Island Road, Huntington, Ma[366]*366ryland 20639. His intentions were to come back home where his family and Mends were and to help the minority population in Calvert County. Around 1988 he joined the Federal Public Defenders panel. He initially practiced in Calvert County and Baltimore City. As his work progressed in Calvert County, he took less work from Baltimore City.
“On May 13, 1991, Linda Mae Pellicano was robbed, raped, and murdered in her home in Calvert County, Maryland. The initial investigation of the crime by the authorities revealed that a suspect in the murder was allegedly a Caucasian male. Subsequently, the police circulated a composite photograph of the suspect in the local'hewspaper of Calvert County, from May 1991 until the first week of June 1991.
“Mr. Anthony Gray later made statements to the police which implicated himself and Mr. Paul Holland and Mr. Leonard Long. Mr. Gray, Mr. Holland, and Mr. Long were subsequently charged with having committed these crimes.
“In August 1991, Respondent was contacted by Mr. Holland and Mr. Holland’s father to represent him. Beginning in August 1991, Mr. Gray was represented by Ms. Cristina Gutierrez.
“Ms. Gutierrez entered into plea negotiations with the State’s Attorney, Warren Sengstack, which resulted in an agreement that Mr. Gray would plead guilty to first degree murder and first degree rape, and that he would testify against Mr. Long and Mr. Holland. Because of a lack of physical evidence connecting the Defendants to the crime, Mr. Gray’s testimony was essential to the State’s case against Long and Holland. On October 7, 1991, Mr. Gray entered a guilty plea pursuant to the plea agreement. Ms. Gutierrez intended to file a motion for reconsideration of Mr. Gray’s sentence after Mr. Gray’s promised testimony in the cases against Holland and Long. Although the State made no promises with regard to the sentencing of Mr. Gray, it was understood that if Mr. Gray testified as prom[367]*367ised, the State would not oppose a reduction of sentence from life to a life sentence with all but 30 years suspended.
“On October 24, 1991, Respondent visited and spoke to Mr. Gray without the permission of his attorney, Ms. Gutierrez. Respondent also visited Mr. Gray twice on October 31, 1991 and once on December 7, 1991, all while Mr. Gray was represented by Ms. Gutierrez (Petitioner’s exhibits 9 & 10). On October 31, 1991, Mr. Gray wrote a letter to Judge Rymer which stated:
Mike Kent told me what the everydine [sic] was my case. My law never told me told thank. I’m not guset [sic] I was never at that lady house. I want to parte not gus [sic]. I want a new law. (Petitioner’s exhibit 7).
“Respondent testified that it was he who gave Mr. Gray the paper to write the letter. Respondent also delivered Mr. Gray’s letter to the Court on October 31, 1991. Mr. Gray sent a second letter to Judge Rymer on November 25, 1991, again denying criminal responsibility (Petitioner’s exhibit 8). Respondent also had several conversations with Mr. Gray by telephone during the time Ms. Gutierrez was representing him.
“After Mr. Sengstack learned of Respondent’s meeting with Mr. Gray, the State filed a Motion for Protective Order to prohibit Respondent from communicating with Mr. Gray. At the hearing on that motion held on November 18, 1991, Respondent testified that he had believed that Ms. Gutierrez no longer represented Mr. Gray (Petitioner’s exhibit 11). Respondent also testified that he called Ms. Gutierrez’s office and left a message prior to meeting with Mr. Gray (Petitioner’s exhibit 11). Ms. Gutierrez states that Respondent never left a message for her prior to his meeting. Respondent’s testimony is uncorroborated by any other source.
“After the Court entered the protective order, Respondent had at least one more conversation with Mr. Gray, on December 7, 1991, regarding the case, without the knowledge or permission of Ms. Gutierrez (Petitioner’s exhibits 9 & 10).
[368]*368“After his conversations with the Respondent, Mr. Gray refused to testify against Mr. Long and Mr. Holland. On December 16, 1993, Ms. Gutierrez withdrew her appearance per Mr. Gray discharged her and Mr. Gray retained Respondent to represent him in an attempt to withdraw his guilty plea. Mr. Kent entered his appearance on December 23, 1991. Respondent represented Mr. Gray from December 23, 1991 until January 20, 1992, while Respondent was still representing Mr. Gray’s co-defendant, Mr. Holland. Respondent did not explain to Mr. Gray the conflict of interest inherent in the dual representation (April 12, 1994, Vol. III, pages 609-610). •
“As a result of Mr. Gray’s refusal to testify against his co-defendants, Mr. Long and Mr. Holland were acquitted of all charges. The Circuit Court denied Mr. Gray’s motion to withdraw his guilty plea on February 21, 1992. On February 27, 1992, the Court imposed two life sentences, to be served concurrently.
“Respondent again entered his appearance for Mr. Gray on March 16, 1992, and filed an application for leave to appeal on behalf of Mr. Gray. That application for leave to appeal was denied by the Court of Special Appeals. Respondent never filed a motion to modify Mr. Gray’s life sentence.”

The hearing judge made additional factual findings, which we shall summarize. As a result of Gray’s written and multiple oral statements that Holland had raped and stabbed Ms. Pellicano, there existed irreconcilable differences between Gray and Holland.

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Bluebook (online)
653 A.2d 909, 337 Md. 361, 1995 Md. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-kent-md-1995.