Upon his retirement, this federal judge talks about the challenging ‘Fort Dix Five’ trial, and his belief that juries still work
“I had a great run,” U.S. District Judge Robert B. Kugler recalled in an interview last week. “I only hope that at the end of the day that I’ve done a good job.”
U.S. District Judge Robert B. Kugler often wondered when it would be the right time to step away from the bench.
So a year ago, the longtime judge, former prosecutor and trial lawyer started to ask colleagues and friends for advice. He got the same answer: You will know.
Kugler, now 73, knows. After a stellar career of more than three decades and presiding over some of the most high-profile criminal and civil federal cases in the region, he has decided to retire.
“I had a great run,” Kugler recalled in an interview last week. “I only hope that at the end of the day that I’ve done a good job.”
‘We didn’t know what to expect’
Kugler has presided over thousands of cases, first as a federal magistrate and then as a judge in the federal courthouse in Camden. He mentored hundreds of law clerks and earned a reputation as a fair jurist, well-respected by lawyers.
“He’s fair. He cuts it right down the middle,” said Stanley King, a civil rights lawyer. “He will really be missed.”
One of the most challenging cases of his career, Kugler said, was the Fort Dix trial in 2008 of five Muslim men charged with plotting an attack on Fort Dix from the back of a pizza delivery truck that made international headlines. It was one of the first terrorism trials in the country.
» READ MORE: Fort Dix plot trial is ready to open
Prosecutors called the defendants, who grew up in Cherry Hill, “the model for post-Sept. 11-era terrorism.” Authorities said they espoused the philosophy of jihad and Osama bin Laden in conversations secretly recorded by the FBI.
Security was tight around the courthouse, and streets were closed. There were threats against Kugler and court officials.
Because of huge interest in the case, Kugler made evidence immediately available on a website where the media and the public could view it daily, something that had not been done previously. (Cameras and recording are prohibited in federal court).
“We didn’t know what to expect,” he said. “This was so new — 9/11 was still fresh in people’s minds.”
There was also a transcript crawl of the testimony. A huge Eagles and Phillies fan, Kugler got that idea from watching ESPN scroll game scores on his TV screen.
“It was novel at the time,” said lawyer Rocco Cipparone, who represented the lead defendant. “He was very innovative.”
The defendants, who became known as the “Fort Dix Five,” were convicted and sentenced by Kugler to sentences ranging from life to 33 years in prison.
In another case before Kugler that made international headlines, former Bordentown Township Police Chief Frank Nucera was convicted of lying to the FBI. His first trial in the hate-crime assault case ended in a mistrial.
During the trial, prosecutors played profanity-laced excerpts from 81 secret recordings made by fellow officers in which Nucera could be heard using a racial slur. In one, Nucera says, “These [N-word] are like ISIS, they have no value. They should line them all up and mow ‘em down.”
Although the trial “was a difficult case” that ended in a hung jury and a second trial and appeals, Kugler said the case showed that the jury system works.
“This case was about race,” he said. “It was just a bad situation.”
» READ MORE: Former Bordentown Township police chief, convicted of lying to the FBI, will be released from prison
Kugler also presided in the trial of reputed mobster Nicodemo Scarfo Jr., son of former Philadelphia mob boss “Little Nicky,” in 2015. The son was convicted on racketeering charges and sentenced by Kugler to 30 years in prison.
» READ MORE: 30-year term for Scarfo in fraud case
‘One of the good ones’
The second-born of four sons, Kugler grew up in Cherry Hill and Haddonfield and attended the Peddie School in Hightstown. His younger brother, Pete, played eight seasons with the San Francisco 49ers.
Their father, George Kugler Jr., served as New Jersey attorney general from 1970 to 1974, appointed by then-Gov. William J. Cahill. He later practiced law in Camden.
Kugler Sr. never pushed his sons to follow him into law, his son said. It was only after enrolling in a constitutional law class at Syracuse University that he discovered a keen interest, Kugler said.
“I loved it,” he said.
Kugler earned a juris doctorate from Rutgers Law School in Camden. He practiced law for a decade, was an assistant Camden County prosecutor, clerked for U.S. District Judge John F. Gerry, and served as a deputy state attorney general.
In 1992, he applied for a position as a magistrate in Camden and was selected. A decade later, then-President George W. Bush nominated him as a judge; he was confirmed three months later.
“He’s a man of honor with a good heart. He is what a judge should be,” said his longtime friend, retired U.S. Magistrate Judge Joel B. Rosen. “They’re losing one of the good ones.”
Kugler was appointed by U.S. Supreme Court Chief Justice John Roberts in 2017 to the U.S. Foreign Intelligence Surveillance Court, which meets in closed hearings to review applications from the federal government to gather surveillance information. He completed his seven-year term this month.
“It’s not something that I can ever talk about,” he said. “It was an honor to serve.”
Kugler said he decided to retire to travel and spend more time with his wife, Theresa, and their family. He plans to work occasionally for JAMS, a mediation and arbitration firm.
Knowing New Jersey now has six new judges after a backlog that developed during the Trump administration when no federal judges were appointed also made it easier to retire, Kugler said.
And finally, Kugler said he thought about four Camden judges who fell ill while serving and died before they could retire.
“I didn’t want that to happen. I want to do other things while I still could,” he said. “It’s a good time to leave.”
A farewell breakfast will be held Thursday at the courthouse. His last day is Friday.