State prosecutor responds to ACLU action in Pocomoke
Although the criminal trials for the former Pocomoke Police chief and the former lieutenant are over the ACLU is claiming charges should have never been brought the first place.
Both former chief Kelvin Sewell and former lieutenant Lynell Green had previously filed a federal civil lawsuit claiming racial discrimination in their former city and county.
The ACLU is claiming the state government should have been protecting the officers, who they are calling whistle blowers, instead of prosecuting them over a minor fender bender that did not result in any injuries.
The ACLU has also acknowledged that a conspiracy may exist and that the charges were only brought against Sewell and Green as retaliation for them filing their federal lawsuit.
The equal employment opportunity commission (EEOC) lawsuit details how Sewell allegedly was asked to fire two other black officers, one of them being Green, because they had both already filed EEOC complaints against city officials in Pocomoke and the Worcester County State's Attorney. The lawsuit claims that Sewell was then fired by the city because he refused to fire the two other black officers.
However retialiation was not the reason state prosecutor Emett Davitt said the charges were brought against Sewell and Green. Davitt said his office pursued these charges because it was discovered Sewell and Green had not applied the law fairly during an accident in 2014.
In December Sewell and Green were both found guilty on charges relating to the 2014 car accident, in which the state claimed Sewell and Green interfered with the investigation to help a fellow mason brother.
Sewell was found guilty by a jury of misconduct in office, but acquitted on the charge of conspiracy. Green was found guilty by a judge of conspiracy, but not misconduct in office.
Davitt said the guilty verdicts and testimony that came out during Green's trial validate why the state prosecutors office brought charges against Sewell and Green.
"It was Lt. Green that told us that in fact he had been involved, that he had told Chief Sewell that this individual was drinking, that he was a fellow mason and they talked about that together, that decision not to charge," Davitt said.
Davitt said we give our police officers a great deal of authority and expect them to apply the law impartially and fairly.
Because of that power he said it was very important that theses cases were brought to trial.
Sewell has since said he will appeal his decision.
Green accepted a probation before judgment and as part of that has given up his right to appeal the decision.
As part of the ACLU's effort they say have filed a Public Information Act with the states prosecutors office to see what other recent examples exist of them pursuing similar charges against other police officers.
Davitt has said they will promptly comply to their request.
