A force for good: Appellate attorney remembered as 'gifted writer and orator'

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The legal community recently suffered a significant blow with the death of Thomas Richard Grden, a longtime prosecutor, friend, and mentor to countless attorneys.

Grden passed away unexpectedly November 18 in Southfield. He was 60 years old. At the time of his death, Grden was chief of the Appellate Division of the Oakland County Prosecutor’s Office.

Grden had a sharp legal mind. He could distill a straightforward and persuasive legal argument from a complex body of law and a difficult fact pattern. Grden was also a man of great integrity, and he carried that with him in the pursuit of justice.

“Our chief was a gifted writer and orator,” noted Marilyn Day, a colleague of Grden’s for 25 years in Oakland County. “Tom was calm and level-headed. He gave sage advice, and everyone in the office respected his legal expertise. His door was open to all – from the elected prosecutor to the newest assistant prosecutor. Everyone who came to Tom’s office was treated with kindness and respect.”

Michael McCarthy, a longtime defense attorney handling trial and appellate work, said that Grden “was committed to the core responsibility of a prosecutor: to see that justice is done” in a fair and impartial manner.

“He had a keen understanding of that concept as well as a common-sense approach to doing the right thing,” McCarthy said of Grden. “He was an excellent lawyer and a very worthy opponent. Most of all he was a good man whom I was happy to know and proud to call my friend.”

The comments were echoed by Robyn Frankel, formerly a longtime defense attorney handling trials and appeals, now in charge of conviction-integrity investigations for the State of Michigan. 

“I knew Tom as a legal adversary for almost 30 years,” said Frankel. “While we were always on opposite sides, there was never an unkind word between us. He was a brilliant advocate who always carried himself with honesty, integrity and humility. Tom was a gentleman in every sense of the word and our world is a little dimmer with his passing.”

Grden advocated in hundreds of cases over the course of his career, usually with success. Among the more recent cases was People v. Slaughter, 489 Mich. 302, 803 N.W.2d 171 (2011), where the Michigan Supreme Court reversed two lower courts and held that the Fourth Amendment’s emergency-aid exception extends to firefighters in the same manner as it does to police officers responding to emergencies. In In re Beck, 488 Mich. 6, 793 N.W.2d 562 (2010), Grden persuaded the same court to hold that when a family court terminates an individual’s parental rights in abuse-and-neglect cases, such orders do not also terminate the parent’s obligation to continue paying child support.

Grden always saw his work through to the end, even when his office was technically no longer representing a party to the case. One of those cases was that of Vonlee Nicole Titlow, convicted at trial of second-degree murder in the suffocation death of her uncle. Titlow’s appeals were unsuccessful in Michigan state courts due to Grden’s advocacy. Titlow, however, filed a petition for habeas corpus (where a state prison warden is the nominal defendant), seeking relief in federal court. At one point, the U.S. Sixth Circuit Court of Appeals ordered the state to reoffer Titlow a generous plea offer she had rejected before going to trial.

Grden assisted a team of lawyers from the Michigan attorney general’s office when the AG appealed to the nation’s highest court. Along with staff of the U.S. Solicitor General, the team crafted and implemented a winning strategy. Reversing the Sixth Circuit in Burt v. Titlow, 571 U.S. 12, 134 S. Ct. 10; 187 L. Ed. 2d 348 (2013), the justices held that when a client maintains her innocence, a defense attorney is not constitutionally ineffective in assisting the client in withdrawing a guilty plea, notwithstanding the client’s low chances of obtaining an acquittal at trial.

And, in People v. Brown, 279 Mich. App. 116, 755 N.W.2d 664 (2008), Grden convinced the Michigan Court of Appeals to affirm a defendant’s conviction for delivery of a controlled substance. The court, at Grden’s urging held, first, that Craig Gordon Brown had no standing to challenge a search of a third party’s computer that Brown periodically used when Brown owned neither the computer nor the residence in which it was located. Second, the court held that when a third-party consented to a search of the computer, and the files police discovered contained the defendant’s e-mail messages, the police could reasonably conclude that the consent did not require them to ask the consenting third-party whether any of the files were password protected.

Remaining on the case after his victory in Michigan’s intermediate appellate court, Grden answered the defendant’s subsequent appeal in the Michigan Supreme Court, which denied leave to appeal. People v. Brown, 485 Mich. 1073, 777 N.W.2d 171 (2010). And he again responded when the U.S. Supreme Court requested the prosecution answer Brown’s petition for a writ of certiorari in that court. Satisfied with his answer, the high court unanimously denied Brown’s cert petition. Brown v. Michigan, 562 U.S. 842, 131 S. Ct. 77, 178 L. Ed. 2d 50 (2010).

Grden began working for the Oakland County Prosecutor’s Office in 1987 and spent the bulk of his time there as an appellate prosecutor after a few initial years as a trial attorney. His tenure there encompassed the terms of four prosecuting attorneys – L. Brooks Patterson, Richard Thompson, David Gorcyca, and Jessica Cooper. In 2010, he became the chief appellate prosecutor, overseeing a team of 10 (seven attorneys and three administrative staff members). Beyond appeals in criminal cases, Grden also oversaw responses to Freedom of Information Act requests and appeals of decisions terminating the parental rights of individuals who abused and neglected their children.

Prosecutors often found their way into his office to obtain strategic counsel. Having obtained his advice, they stayed as the discussions veered toward matters of family, children, pets, vacations, current events, weekend plans and sports, and sometimes even Grden’s not-bad impression of Rodney Dangerfield. He was never known to raise his voice or vent anger, although there must certainly have been times when he wished to do so.

It was his many qualities that allowed Grden to become a mentor to many of the attorneys in the prosecutor’s office. His affable demeanor, dedication and focus on teamwork naturally drew people to his office. (The only downside was that those wishing a “moment” of his time might have to wait for others to have their own “moments” with him.) Grden’s character and demeanor encouraged honesty and candor from his colleagues, even when the news was bad.

“Tom never hesitated to help each and every attorney who came to him, including prosecutors from other offices,” said John Pallas, Grden’s predecessor as appellate chief in Oakland County and now first assistant attorney general handling criminal appeals for the state. “He made the time to do so no matter how busy he was. His colleagues, particularly those in the division he supervised, were treated with respect, kindness, and understanding. He managed not with an iron fist, but with the same spirit of mentorship and guidance that he had at the beginning of his tenure as an assistant prosecutor.”

Grden had not an ounce of pomposity and befriended everyone. It was not unusual for non-prosecutor staff to enter his office for routine matters and stay for long conversations.

And his sunny disposition was infectious. While some staff members were known to call him “Boss Man,” this was a moniker of affection. Occasionally, the Boss Man would jokingly imitate a stereotypical mafia don. Like his Rodney Dangerfield impression, it was not bad. (This is not to say it was great, but it made you laugh and that is what matters.)

As chief of his division, Grden fostered an atmosphere of friendship and camaraderie. Staff members celebrated every birthday with dessert (usually cake and ice cream) and a card, but not before Grden addressed the honoree and told the person how important he or she was to the success of the division. Upon realizing that nobody had brought dessert for a recent birthday, Grden ran to a bakery at lunchtime and returned with a delicious chocolate cake for staff to enjoy. And, when appellate staff planned a lunchtime summer cookout last year on Grden’s off day (not intentionally), Grden made a point to drive in to join the festivities.

Grden’s longtime colleague, Marilyn Day, remembered the many things Grden did to make his staff feel appreciated, like bringing in homemade snacks for workplace anniversaries, buying unique Christmas gifts, and expressing his gratitude for a job well done.

“He was a great cook, and everybody loved ‘Tom Grden’s Baked Beans,’ ‘Tom Grden’s Quiche,’ and ‘Tom Grden’s Cheesecake,’ whenever there was any event which warranted food,” said Day. “He was a true friend to many of his colleagues, and he will be greatly missed.”

Grden grew up in Dearborn Heights, graduating from Crestwood High School. He attended undergrad and law school at the University of Detroit, graduating in 1982 and 1986, respectively. He met the love of his life, Suzanne, a legal assistant, at a 1983 softball game, and with her had three children.

The simplest pleasures in life brought Grden the greatest joy. He loved sitting with his wife watching football and rooting for the Lions, playing along with “Jeopardy,” spending time with family and friends, and throwing a frisbee with his trusty canine companion, Royal.

Grden was an active and devoted father, and provided a supportive and caring home where his children thrived. Grden’s eldest son, Thomas, is a clinical case manager with the Lawyers and Judges Assistance Program of the State Bar of Michigan. Daughter Elizabeth is a litigator in the Chicago office of the law firm Winston & Strawn LLP. His youngest son, John, is a trained chef. Grden became a grandfather in December 2019 with the birth of Tommy (Thomas Robert) Grden, and loved spending time babysitting – and taking selfies – with his beloved grandson.

Never too busy to be of service outside the office, Grden spent his time volunteering at his church, coaching his children and many others in basketball, baseball and softball. Over the years, many came to his kitchen table seeking his counsel. He always had time to sit and share his comfort and wisdom.

In addition to the above-mentioned family members, Grden is survived by his daughter-in-law, Allie; his siblings, John Stephen III, Karen Mary (Charles) Reaume, James Gerard (Christine) and Robert Joseph (Sharon); his uncle, Ronald Grden; aunt, Mary Czarnopys; and many nieces and nephews.

To Judge Anica Letica, an ex-colleague in Oakland County, Grden’s passing recalled the words of Charles Dickens: "Do all the good you can and make as little fuss about it as possible." Letica, now on the Court of Appeals, summarized, “Tom's life was devoted to the service of his family, his community, and justice. That is his legacy.”
 
Memorial contributions in Grden’s memory may be made to the Franciscan Outreach Program through the Church of the Transfiguration (https://www.transfigsfld.org/).


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