Civil Rights Groups Say Fired Black Police Chief Was Targeted
Pocomoke City
November 2, 2017
A coalition of law enforcement organizations and civil rights
groups are accusing the Maryland State Prosecutor’s office of targeting the
former Black police chief of Pocomoke City with a criminal investigation in
retaliation for filing discrimination complaints.
The allegations are made in a series of amicus briefs filed with
the Maryland Court of Special Appeals on behalf of Kelvin Sewell, a former
Baltimore City Homicide Detective who was the first Black police chief of
Pocomoke (Full disclosure: This reporter wrote a book with Sewell).
Former police chief of Pocomoke City, Kelvin Sewell. (Screengrab
from news video)
The briefs were filed by the Maryland ACLU, the Public Justice
Center, the National Association of Black Law Enforcement Executives, Hispanic
Law Enforcement Association and Howard University Civil Rights Law Clinic, in
preparation for a hearing on the case, which will occur next month.
Sewell was fired by the Pocomoke city council in 2015 without
explanation despite a dramatic drop in crime during his tenure. In a
federal lawsuit joined by the U.S. department of Justice Sewell alleged he was
fired for refusing to terminate two Black officers under his command who had
filed discrimination complaints against a Worcester County Drug task force.
One year after Sewell was fired State Prosecutor Emmet Davitt
indicted him for misconduct for not charging a man who hit two parked cars in
May 2014.
A Worcester County jury convicted Sewell on one count after a
trial in December of 2016. Sewell has since appealed his conviction.
The reasons for the underlying the investigation of Sewell is
the subject of the briefs seeking to overturn Sewell’s conviction.
According to filings, the investigation against Sewell began
when a note was left on the windshield of his Lieutenant, Lynell Green,
alleging that someone had planted drugs in police headquarters. Sewell called
state police to conduct a search of the department but was rebuffed, according
to the filings, because of the pending discrimination complaint.
The filings allege Sewell contacted the Office of the State
Prosecutor for help, but investigators there instead commenced a probe of
Sewell.
From there the brief alleges investigators turned to Worcester
County State’s Attorney Beau Oglesby, who was subject of EEOC complaints filed
by Sewell, for assistance. The filings include emails that reveal
communication between both offices during the investigation.
“Despite Oglesby’s key role as a target in the EEOC complaints,”
the brief recounts, “investigators repeatedly reached out to
Oglesby as an investigatory resource.”
The brief also raised questions about the decision to
investigate Sewell, which it argues was historically unprecedented for the
State Prosecutor’s office.
“It seems clear that OSP (Office of the State Prosecutor) has
almost never pursued misconduct charges against police officers. Moreover, as
best can be ascertained, OSP has never before pursued charges against a police
officer for a discretionary decision such as whether or how to write up an
incident,” the brief argues.
“Usually what happens whenever you point out racial inequities,
that puts a target on your back, to put it bluntly,” Captain Joe Perez,
President of the Hispanic Law Enforcement Association, told The AFRO.
“And then they try to find something to use against you to
detract from the complaint, itself,” Perez added.
However, Davitt says the allegations are baseless, noting that
Sewell’s Lieutenant, Lynell Green was convicted of similar charges. ” No one from the defense ever mentions the fact that it
was Lynell Green’s extensive statement to our investigators that the driver of
that vehicle had been drinking, that he told Sewell that he had been drinking,
and that they discussed not charging the driver because he was Mason – that
statement lead to the charges and that statement was not disputed at Green’s
trial.”
A separate brief filed by the Howard University Civil Rights Law
Clinic recounts the history of racism on the Eastern Shore. Ajmel
Querishi, supervising attorney for the Clinic, says it is critical to create a
historical context to understanding the importance of the case.
“If we have a situation in which individuals are discriminated
against, feel they are going to be targeted with a police investigation on
spurious grounds, no one will ever speak up. If no one speaks up we will never
get rid of the remaining vestiges of Jim Crow,” Queres said.
Maryland State Prosecutor Emmet
Davitt did not reply to an email seeking comment.
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