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Sunday, July 11, 2010

Is The Race For Wicomico County States Attorney Over Before It Even Begins?


On December 25th 2009 we provided a Post here on Salisbury News, 11 Year Old Sarah Foxwell Murdered. The below comment was made and when I looked into the relationship between Seth Mitchell and Thomas Leggs, it was confirmed that Seth did in fact represent Thomas Leggs.

"I found 23 counts of sexual offenses and assualt plus a count of domestic assualt on this guy dating back to 1999. In most cases he used W Seth Mitchell as his attorney and Benjamin Ludlow to bond him out. I hope that these two men feel some sort of responsibility for Leggs actions. I was involved in a similar search for a 13yr girl in Oklahoma 1 yr ago with the same results. I know how you all feel...this "sucks". I am orginally from Salisbury and want to extend my thanks to all that helped in the search for Sarah. Please remember the names of at least two of the men that helped cause this girls death."

That being said, how can the citizens of Wicomico County even consider a man for States Attorney when there would be an immediate conflict of interest. Seth couldn't even handle the biggest case in the County's history. Unfortunately, there's no Sam Vincent either.

The other question I personally have is, just why in the hell did Seth even throw his name into the race?

Now that this has been exposed, sit back and watch the MSM, (asleep at the wheel) start providing more in depth information on Mitchell's relationship with Thomas Leggs.

In the mean time, we're still digging for additional information.

In reference to this exact matter, a representative of the Foxwell Family provides the following quote today.

"We can not put the most important case Wicomico County has seen in the hands of a lawyer who has defended the very monster that killed Sarah." Sheriff Mike Lewis said "This case screams for the Death Penalty" The Family went on to say, "and Davis Ruark is the only one that is capable of doing just that."

55 comments:

Anonymous said...

Good work Joe. Maybe Mr. Mitchell is running to try to get his client off once again.

Anonymous said...

Seth Mitchell is not the only candidate running for State's Attorney who has defended this monster.

Dan Powell wants to be State's Attorney in Somerset County, but he defended Thomas Leggs in a 2004-5 case where that scumbag was charged with third and fourth degree sex offenses against a minor girl.

Dan Powell doesn't want you to know this, but go to http://casesearch.courts.state.md.us/inquiry/inquiryDetail.jis?caseId=22K04000983&loc=48&detailLoc=K and you can see for yourself. And Powell wasn't a public defender. The records said he was "private attorney for defense" http://casesearch.courts.state.md.us/inquiry/inquiryDetail.jis?caseId=1H00032572&loc=8&detailLoc=DSCR It's one thing to be appointed to represent someone, but Powell voluntarily took the case.

And this guy wants to be Somerset's State's Attorney? No thanks. I want a State's Attorney who is a career prosecutor. Anyone who could defend that guy doesn’t have it in him to be a prosecutor.

Anonymous said...

WOW, that is,,,omg I cant even say with out you deleting it. !@#$ %^&*((*&^%$ #@!@#$%^&

Unknown said...

Every accused is entitled to competent defense. This is our adversarial system of criminal justice. We even accorded this right to top German war criminals at Nuremburg, mass murderer Ted Bundy and Charles Manson, as well as others through history.
Demonizing the attorney who provides that defense, often at the behest of the court and at public expense, is itself un American.

Anonymous said...

I don't agree with Mitchell's liberal views. However, I know him personally and he is a good person. I would not vote for him in this race because of his liberal views, however, as an attorney he had a responsibility to represent Leggs. Leggs is despicable, but if the law, the courts, etc. had their ducks in a row, even with a good lawyer, a good neighbor, a good son. Leggs wouldn't have gotten off. Lets not forget that we live in a democracy where people who disagree with us can run for office. We can vote for a better candidate. If Vincent were still alive, I wouldn't vote for Ruark either.

Anonymous said...

That's disgusting! Good investigation, Joe!

Anonymous said...

Seth Mitchell does not stand a chance against Davis Ruark. Look into how many cases he handled (through dismissing)when he was an assistant state's attorney years ago. No thanks. My vote is for Ruark.

Anonymous said...

Not defending Mr. Mitchell, but if he was working for the Public Defenders Office, he was assigned the case, not voluntarily took it. As for Mr. Powell, I don't know him, but if there is a conflict in the Public Defenders Office, that office will sometimes panel out to a private attorney, again that attorney is working for the public defenders office.

Mr. Ruark is very capable of running his office and prosecuting cases.

J.Albero said...

OK, now wait just a cotton picking minute!

To those of you coming here defending Seth, (which is your right) you need to do so responsibly!

This is no ordinary situation here. We're talking about a guy, (with ALL due respect) who is trying to run for States Attorney who defended an alleged murderer.

I don't care who you are, this race is over, for Seth anyway. He should gracefully step down and if the Republican Central Committee delivers a candidate of their choice to run in this race, so be it. HOWEVER, no direspect towards Seth but it's over for him, period. There's NO WAY he can beat Ruark, especially now that this information is out there.

IF you are a lawyer and you defend murderes, drug dealers and the likes, don't even think of running for States Attorney.

Anonymous said...

Powell was not assigned to the case. He drove down all the way from him Baltimore County law firm to defend Thomas Leggs as a private attorney.

If a local case gets paneled out due to a conflict in the public defender's office, it goes to local attorneys not to Towson firms.

I guess Powell thought this was a good way to "make a name for himself" back on the Shore. Well he certainly has made a name for himself -- as a defender of a child molester and murderer.

Unknown said...

Responsible?
You are irresponsible, Albero.
F. Lee Bailey, Gerry Spence, Johnny Cochran all defended monsters, as our Constitution requires. New York Governor Thomas Dewey had a private practice in New York City, but also served as a prosecutor before and after. Former prosecutors often go into private practice defending types they formerly prosecuted: Andrew McDonald comes to mind locally. Who you have defended should not disqualify you from public office.
I have no doubt that the less thoughtful of your readers will follow your lead, but you are way off base.

Anonymous said...

In our society, everyone enjoys the right of legal representation. A person accused of murdering a child is entitled to competent representation as well as a person accused of driving drunk with their weapon

J.Albero said...

Again, bottom line, if you want to defend child sex offenders and killers, don't run for States Attorney. Sorry, no matter what you say about this being America, Seth is burned toast.

J. Holland said...

absolutely Bill, I agree with your points 100%. Everyone is entitled to a defense, even if they are guilty and an attorney should NOT be judged on their clients. They are SIMPLY DOING THEIR JOB. Joe you are wrong on this point.

J.Albero said...

J. Holland, we'll see come election time. I can guarantee you I am right and you are wrong. Wanna bet on it????

Anonymous said...

Good defense lawyers can, and often do, make the best prosecutors. Seth Michell and Dan Powell are honorable men. Don't cast them away because of who they have represented. They are not the ones who committed these crimes. Don't treat them like they are one in the same. Thomas Leggs is a murderer and he will have his day in court and his day of reckoning. The job of State's Attorney is made for leaders. Both counties would be well served by electing these men.

Anonymous said...

Former prosecutors often go into private practice, but it is usually a one-way street. I now of very few defense attorneys who later become prosecutors.

Anonymous said...

I agree with Sheriff Lewis. Davis Ruark is the only one capable of doing the job of taking care of the situation of Leggs. We know Mr. Ruark. We know what he is capeable of. So why vote anyone else into office who we DONT know and dont know what kind of job they will do. Leave good enough alone. Vote Ruark.

J Holland said...

you probably are right that he won't have a chance in this election joe. You being the primary reason with your influence on the sheep. My point is that his past cases should have no bearing on how well he would do the job.

J.Albero said...

J. Holland. He chose his path, I chose mine. I deal with mine every day and Seth will have to deal with his. Don't point a finger back towards or at me because he chose to take money from a possible killer and now he wants to lead the States Attorneys Office. The citizens will not vote for him, period. Now its my fault this information was exposed????? I have done my job and I am not the cause as to why he will not be elected. Think about that.

Anonymous said...

I would have voted for Vincent. Davis will now win by default ubtil there is another attorney of Vincent's character willing to run.

Lee Clarke said...

IMO, based upon over 35 years as a lawyer, Clarabell the Clown, who was Howdy Doody's mute sidekick, could convict Leggs and get a death penalty sentence.
The problem is that, in MD, we never actually execute anyone. Therefore, all death penalty cases accomplish, in MD, are years of appeals at the taxpayers' expense.
IMO, the Leggs' case should really be a non-issue in the Wicomico State's Attorney election.
Rather, the issue should be who will best manage that Office, which is a 24/7 job for comparatively low pay.

Anonymous said...

12:26 -
Bill Jones in Dorchester County is a fine example of former defense lawyer who became State's Attorney. As Bill has shown, it can be done and done well.

Anonymous said...

Is there a familial relationship between Seth and Andy Mitchell, Fruitland's attorney?

Anonymous said...

Why is everyone using the Sara Foxwell case as a determining factor in the State's Attorney race? I think it is awful that she be used for political gain. What does her case have to do with the State's Attorney at this point anyway? The case hasn't even gone to trial and everyone is marking it up as a victory for Davis! You people are nuts! Let Sara rest and let the candidates run their platform on what they have done the last ten years, not the last ten months!

Anonymous said...

I dont know Mitchell but as far as Dan Powell goes, He has already done the people of Somerset wrong. He was hired as a Deputy States Attorney but abruptly quit to be the County Administrator. Guess what, He without warning quit that to start his own practice which I presume now he has quit since he works in Dorchester County. Somerset doesnt need Dan Powell.

Anonymous said...

All prosecutors at times have a conflict of interest. When that happens a prosecutor from another county takes over and prosecutes the case. In the Leggs case it is irrelavant weather or not Ruark is involved with the prosecution because Legg's is going to be convicted no matter who the prosecutor is because of the overwhelming evidence in the case.

Anonymous said...

"Because he chose to take money from a possible killer."

Based on that, Joe, you have to throw out the Constitution, too, because EVERYONE charged of ANYTHING is guaranteed the right to legal representation.

Mitchell is probably looking past one case at the overall picture and is running because of that. Many have been dissatisfied with Ruark, who has relied on a few high profile cases to dig him out of his own holes. Remember, Ruark had to take himself off prosecuting DWI's because of his own violation.

That said, Mitchell would not be able to be the prosecutor on the Leggs case, you are right about that. Politically and public opinion wise, this wasn't a good move, certainly bad timing.

But to make him sound like scum of the earth for doing what some lawyer somewhere has GOT to do or the Constitution is screwed is just wrong. If he had to prosecute Leggs, he'd go after it just as hard as any good lawyer should and could because that's the JOB.

All that aside, I don't know if I would vote for Mitchell any more than I know if I'll vote for Ruark. I'm still trying to get over the loss of Sam Vincent, the man I would have voted for and just over the fact that Sam was an outstanding human being outside of the courtroom, too.

Anonymous said...

Joe. May I respectfully suggest that you do a little more research regarding Mr. Leggs and his involvement with the courts here in Wicomico County. Please examine two Circuit Court cases each of which represented an opportunity to put Mr. Leggs away for so long that this senseless killing wouldn't have occurred. One was nolle prosequi and the other placed on the stet docket. Then ask the why question of the person(s)s handling those cases at the time. Then make an intelligent and informed decision regarding who to point the finger at. Thank you.

Anonymous said...

I don't think it's fair to castigate Seth Mitchell because he was working as defense lawyer for Thomas Leggs. In fact, Leggs' choosing him would seem to be a testimony to Mitchell's abilities. Heinous murderers like Leggs are going to try to find the very best lawyer to defend them. Just because a lawyer takes on such a client does not make the lawyer evil any more than the lawyers who defended OJ Simpson.

As far as Mr. Ruark is concerned, I was in a dilemma until Sam Vincent's unfortunate passing. I served on three different juries, including foreman of a grand jury, and was impressed with Davis Ruark. He always seemed well prepared and very competent. At the same time, Sam Vincent worked with us when we were the victims of a crime. I will be voting for Davis Ruark.

John said...

Joe, you may be right that Mitchell can't win, but anyone with even half a brain would not connect his winning or running for that matter, with who he defended as a defense attorney. That is just plain ignorant. Anyone who knows anything about law and our constitution would never take the position you put forth.

Anonymous said...

What if Leggs were innocent? Would Mitchell be the shoe-in and Ruark on his way out for accusing an innocent man of a horrible crime? Everyone deserves a defense in this country. Luckily, the right person was found guilty and incarcerated in this instance. At least Mitchell was brave enough to try a case the wasn't popular. Would you want a state's attorney who was afraid to prosecute someone because he was worried about how popular the case would be?

J.Albero said...

Clearly I expected some, (probably one, meaning the same person) defending Thomas Leggs and Seth Mitchell. However, to those who think NO ONE will judge Seth on his defending an accused murderer and fighting to let him FREE will weigh heavily on the citizens of Wicomico County.

Again, it was his choice to suck the money in defending him, now he pays the price for doing so.

This is NOT a smear campaign, this is facts. Funny how LSAWYERS just can't handle the TRUTH.

msl said...

joe i totally agree with you the people leaving the comments are not seeing what your saying you mean how people will associate the bad with seth mitchel its human nature i guess lol how we as a people cannot get over bad like this and will hinder such decisions im with ya what your saying joe and people joe isnt saying he knows this and that hes just saying how people will judge seth the majority that is.


MSL

J.Albero said...

MSL, I don't think many will understand what you're trying to say. My message is very clear. Seth Mitchell represented Thomas Leggs for the MONEY.

To those of you trying to tie Sheriff Lewis into this, the quote came from a Foxwell Family Member, not me. Put yourselves in the Foxwell Family shoes. Seth Mitchell represented the man that allegedly killed their Daughter, Granddaughter, Niece!!!!! Or is this too complicated for the "From Here's?"

Anonymous said...

Two points -

I don't think Mike Lewis said that Davis Ruark is the only one who can prosecute the case. The way your post reads, it appears that way, but the quote from Mike is about the death penalty - not the statement about Ruark.

Many people think that a special prosecutor should be appointed. Davis has made a mess of his office and his reputation. It is unfortunate that there isn't a stronger candidate running against him as the majority of Wicomico County wants him gone.

As Lee Clarke said - almost anyone could win this case. It is law enforcement that made the case - not Ruark. I'd rather see a prosecutor with a good reputation represent the County rather than 3 sheets to the wind Ruark and all his baggage.

Joe, I know you support Ruark. I hope you will post this.

J.Albero said...

anonymous 7:12, If everyone wanted to settle this, why not hire Anthenelli for the case. Ity wouldn't cost the County any more than their trying the case. Food for thought.

Anonymous said...

It's just insane to suggest that Davis Ruark is the only one that can get a conviction for Leggs. Lee Clark is absolutely correct in that any competant lawyer can get a conviction when there is over whelming evidence in the case. Think about it, if Ruark was killed in an accident tomorrow like Vincent was, do you really think Leggs would go free? If you believe that I have some water front property in Arizona that I would like to sell you.

Anonymous said...

I fail to find where Mike Lewis says that Ruark is the only one that can get the job done on Leggs. That comment would be foolish and Mike Lewis is more intelligent than that.

Anonymous said...

What makes Ruark such a great attorney when he has botched so many cases? I recall the landfill case left a lot to be desired. He was special prosecutor in the Somerset County detention center investigation and he totally botched that. He failed to bring any charges when the evidence was overwhelming that James L. Henderson abused prisoners. Ruark violated the Maryland Freedom of information Act. This is the kind of stuff that they think the voters will forget at election time and unfortunately a lot of voters do forget. With blogs like this at least peoples minds can be refreshed with the facts and then decide who to vote for.

J.Albero said...

anonymous 8:50, cut out the BS! Ruark was not killed in an accident so what you're saying is just ridiculous.

Anonymous said...

Of course people are going to associate Mitchell with Leggs - that is clearly your intention with your inane statements. You are preaching to your own herd of sheep who don't have the intelligence to think for themselves or know enough to separate the attorney from the client. I am not a lawyer, but I am capable of understanding the job. Anyone who thinks a defense lawyer is responsible for the crimes of his client is too stupid for words. I like Ruark, don't know Mitchell, but this is ridiculous. Come on, Joe, I thought you were smarter than this - or at least had more class and a sense of what's fair. If you want to criticize Mitchell, find a real issue. I'm disappointed in you.

Anonymous said...

The real reason Mitchell won't win is because he is a liberal. People have had a belly full of liberals over the past couple years. Even if Seth Mitchell did win Ruark would not lose his job with the SA's office he would still have a job he just wouldn't be the State's Attorney any longer, he'd be a deputy or assistant SA. He could still prosecute the Foxwell/Leggs case.

Another thing for those of you that do not comprehend what you read, the only thing in that statement that can be attributed to Mike Lewis is "this case screams for the death penalty" Sheriff Lewis said this in a WBOC interview and has said it numerous times since. This case is a lock because of the top notch investigative work of all agencies working together under direction of Mike Lewis. They and they alone provided the evidence to be used by the State's Attorney in prosecuting Leggs.

There is no one to vote for in this race so we are stuck with Ruark for another 4 years.

Before I forget, it was Ruark that let Leggs go the last time because he didn't do his homework.

Anonymous said...

I am a HUGE fan of our Sheriff, but if I hear (see) another comment about the one-sidedness of the Foxwell investigation, I'll scream. This incorrect belief isn't the Sheriff's fault -it has been the line of the MSM and blogs, and has now become public perception. (Nearly) the only deputies you saw during that time were at the press podium, fighting for face time with Ruark.

The lead investigator, lead search manager, and ultimately the locator of Sarah all came from the same agency - and it WASN'T WCSO! It just wasn't leading into an election year for this particular dept.., because they don't get elected.

Anonymous said...

Looks like some opponents in the races are planting info here. In this country, everyone is entitled to a defense. Everyone. You all may not like it, but part of what makes America great is that we don't have kangaroo court convictions. It takes far more guts to take on the really unsavory cases than it does to just defend people who get DUIs or divorces.

Anonymous said...

We have two losers running for SA. Ruark has proven that he is a loser so why not give someone else a chance. Mitchell can't do any worse than Ruark and possibly he might just do a better job.

Anonymous said...

If Mitchell is going to be in the hot seat for defending Leggs, that's fine. But what about the prosecutors from the varies counties State's Attorney's office that let Leggs off the hook? I know he did go to jail in some cases but what about the stet docket and other "terms" when he went free?? Shouldn't the prosecutors in these cases get the heat? Which includes Ruark, if I'm not mistaken......

Anonymous said...

Let's really examine the facts. It seems that most lawyers are less than honorable people. If you want to focus on Mitchell and Powell for who they defended you are free to do that. I for one had rather focus on who Ruark and Kristy Hickman have failed to prosecute. Thousands of cases over the last four years have been stet docketed and nolle prossed. I would say that it is time for new blood in both offices.

Anonymous said...

AMEN 10:03!!!!!! Every single incumbent in this country of ours - local, state and national needs to be replaced! ESPECIALLY Kristy Hickman. We need a non arrogant, hard working State's Attorney in Somerset. The nolle pross and stet over usage is due to the fact that Ms. Hickman is just not capable of going up against some of the attorneys in other counties, therefore she allows the deals to be made. Dan Powell will be excellent!

Anonymous said...

Couple this with her practice of "indicting" people already charged for crimes simply to leapfrog the case straight to Circuit Court and avoid preliminary hearings at the District Court level (Hon. Paula Price).

This is a HUGE waster of man-hours; i.e. tax dollars.

Chimera said...

I see Dan Powell signs everywhere but know very little about him/

Anonymous said...

7:41 Unfortunately I am sure that Mr. Ruark would not work for Seth, and I believe that many of the attorneys in the state's attorney's office would leave also. I've got to give Mr. Ruark a lot of credit - he could walk out of the office and make five times the money he makes as State's Attorney without having to put up with all of the BS from these uninformed people, but he's chosen to continue to work for us, the people. Like him or not, he's dedicated. He's had plenty of other offers, but he's stayed because of his beliefs. I'm voting for Davis Ruark.

Anonymous said...

Who wouldnt want to bypass Judge Price. Smart move.

Anonymous said...

Wow, so we're supposed to be AGAINST a state's attorney who convenes grand juries to indict criminals on the crimes that the district court judge was always throwing out? And what's happening to all the people who get indicted? They're getting convicted and going to prison? And the cases are getting tried faster without lots of preliminary hearings? So the bad guys are getting locked up sooner rather than later or not at all?

That doesn't sound like a stet and nol pros state's attorney to me. It sounds like someone who is tough on crime.

Anonymous said...

Seth Mitchell is Andy Mitchell's brother. Fruitland could use a change also.