By Stephen Janis
Special to the AFRO

State prosecutors attempted to silence a key defense witness to hide evidence their case was tainted, according to an appeal filed last month to contest the misconduct conviction of Pocomoke City’s first Black police chief. 

 That revelation is part of a 90-page brief filed on behalf of Kelvin Sewell, Pocomoke City’s first Black police chief.  Sewell was terminated by the small Eastern Shore town’s nearly all-White council in July of 2015 without explanation.

Sewell filed a successful discrimination lawsuit against the city, but shortly thereafter former Maryland State Prosecutor Emmitt Davitt opened a wide-ranging investigation into Sewell’s tenure.  

(Courtesy Photo)

Davitt focused on a 2014 accident investigation involving two parked cars where prosecutors alleged Sewell had interfered on behalf of a fellow Black Mason.  The case was first tried in 2016 and then again in 2019 after an appeal. Both times Sewell was convicted by a nearly all White jury in Worcester County.

The appeal is the most recent phase in an ongoing battle between Sewell and the Office of State Prosecutors. Sewell has alleged prosecutorial misconduct, and prosecutors have accused Sewell of seeking to undermine the case. 

The accident occurred in November of 2014 when Pocomoke resident Doug Matthews hit two parked cars. Matthews says he fell asleep at the wheel.  After driving to his home three blocks away he called the police. 

It’s at that juncture prosecutors say Sewell intervened, arriving on the scene and preventing officers from investigating Matthews for either drunk driving or leaving the scene of an accident.  Prosecutors say Sewell and Matthews mutual membership in a local chapter of the Black Masons proved the motive for intervening was corrupt. 

Critical to their case was former Pocomoke Police Officer Tanya Barnes.  Barnes testified that Sewell’s behavior that night was unusual, and that she felt pressure to conclude the collision was an accident. 

But, the most recent court filings allege Barnes recanted her testimony during a chance encounter with Sewell in 2019. 

“Mr. Sewell reported that the State’s most significant witness Tanya Barnes, had recanted her testimony to him.  This report was corroborated by one of Mr. Sewell’s colleagues, Kendrick Scribner,” his lawyers wrote. 

“The prosecution responded by convening a grand jury, subpoenaing Mr. Scriber to it.” 

The appeal alleges the tactic was designed to discredit Scriber to prevent him from testifying on Sewell’s behalf. 

Current Maryland State Prosecutor Charlton T. Howard, III, said he could not comment on the appeal but confirmed his office would continue to pursue Sewell.  

“I can’t comment on the merits, but we will be filing a response,” he told the AFRO.

However, in a lengthy sentencing memorandum filed after Sewell was convicted in 2019, prosecutors allege Sewell’s efforts to bring his encounter with Barnes to their attention was an effort to undermine the case.   

The latest appeal will be Sewell’s second appearance before the State’s court of Special appeals.   In 2018 the court granted Sewell a new trial after ruling that a decision to bar an expert witness from his 2016 defense denied him a fair trial.  

But, even if his appeal is successful Worcester County presents a formidable challenge for Sewell.  During the most recent trial the judge denied every single defense motion, including a change of venue request.  

Since his prosecution the city of Pocomoke has settled the discrimination suit with Sewell and two other Black officers for $1.6 million.  The settlement includes the implementation of a consent decree which requires the city to end discriminatory hiring practices and implement policies that allow employees to report incidents of racial bias.

Disclosure:  The reporter wrote a book with Sewell.  His coverage of the case was also cited in the sentencing memorandum mentioned in this story.