INDICTMENT OF OFFICER HURTS CASES Charges Dropped Against Man Arrested By Sewell; Caught In Sting Operation; Prosecutors And Public Defenders To Examine Record Prosecutors threw out drug charges yesterday against a man who was arrested by a Baltimore police officer under indictment on corruption charges, setting free a defendant accused of drug distribution and assault. At least 20 people locked up by Officer Brian L. Sewell may see their charges dropped. The state's attorney's office said they will dismiss any case in which Sewell is the primary arresting officer. Sewell is scheduled to testify at court hearings on three consecutive days next week, which is now impossible because of his indictment this week on perjury and misconduct in office charges. He is accused of falsely arresting a city resident on cocaine charges. "Obviously, we have to look at all his cases, and we will," said Assistant State's Attorney Laura Mullally, chief of the District Court Division. Joyce Jefferson Daniels, a spokeswoman for the state's attorney's office, said charges against Vernon Banks, 31, were dropped because of Sewell's unavailability for a preliminary hearing and because a key civilian witness "was adamant about not wanting to testify." Sewell wrote in his police report that he arrested Banks on Sept. 3 after receiving a complaint about drug activity in the 1400 block of Pennsylvania Ave. He said he confiscated 46 vials of suspected crack cocaine, which he said he saw the suspect hide behind a wall. The dismissal of the Banks' case comes as the public defender's office steps up its review of police reports. Six years of cases Baltimore Public Defender Elizabeth L. Julian said that her office will examine six years of cases in which Sewell was the main officer. She said attorneys will work throughout the weekend, tracking the cases on court computers. She said even minor convictions such as drug possession can hurt a person's chances when applying for a job or trying to rent an apartment. "We're very concerned about that because it has major ramifications on someone's future," she said. Julian said that attorneys in her office, who represent 80 percent of the defendants in the city, have long had suspicions about police impropriety. She said that lawyers discovered about 15 charging documents this year for fifteen different people with identical facts outlined. "Fifteen people can't be doing the exact same thing," she said. "It's not just evidence planting, it's bigger." Due process But Officer Gary McLhinney, president of the Fraternal Order of Police, Lodge No. 3, which represents the city's 3,200 officers, urged caution and said prosecutors should not drop cases Sewell is involved in until his fate is decided. "This officer is innocent until proven guilty," he said. "Where is the sense of due process? We need to take a deep breath and sort this thing out. I would hate to see the state's attorney start dropping cases without knowing all the facts." Officer John Pessia, who has worked with Sewell in the Central District, defended his colleague. "I have worked with Officer Sewell on numerous arrests, and I have never witnessed anything below the highest form of integrity," he said yesterday Sewell, who declined to comment yesterday, was arrested Wednesday. Police said he was caught in a random sting and has been charged with falsely arresting a city resident on cocaine charges. Police Commissioner Edward T. Norris said Sewell arrested a burglary suspect, identified as Frederick L. McCoy, and wrote in his report that he saw the suspect put drugs on a park bench. Norris said the drugs had been left on the bench by undercover officers. Police said charges filed against McCoy will be dropped. In an unrelated matter, McCoy failed to appear at a court hearing yesterday on a drug charge. A warrant was issued for his arrest. Sewell's arrest has triggered a federal civil rights inquiry and calls for a broader investigation by the U.S. Justice Department into possible city police misconduct. Norris has said a probe is unwarranted because it was his office that uncovered the alleged wrongdoing. Norris used a speech to graduation of 25 police trainees yesterday to talk about integrity. He told the new officers that the department "has to have the support of the public to do the right thing or we're not going to be successful" in fighting crime. "How you treat people is how they are going to judge us."
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