Sarah Foxwell case – monoblogue

Book review: Sheriff Mike Lewis – Constitutional. Uncanceled. by Haven Simmons

This book came out last month, and it’s an intriguing one.
Cover image via Amazon.

One would think I don’t read books anymore, and to be honest I had no idea it had been over a half-decade since I reviewed one here on monoblogue. However, I believed this would be an interesting tome with which to renew the tradition, given the local connection of both subject and author, a retired communication professor from Salisbury University.

Moreover, I thought I could shine a unique light on the book as both a published author myself – someone who knows what it’s like to put together a book requiring hours of research and attempting to make it palatable to a reader who wishes to know more about the subject – and as a former constituent and eventual supporter of the title subject. There were quite a few names familiar to me dropped within the book; as one would imagine that drove a lot of my interest in reading a volume that my wife actually purchased for her enjoyment. (It’s why I’m waiting a week or so to put out this review so as not to give her any spoilers.)

Mike Lewis, however, was not just my sheriff when I lived in Wicomico County before crossing over to Delaware two-plus years ago. Arguably the national platform for drug interdiction and Second Amendment support he’s created via his frequent media appearances make Lewis the third-most recognizable figure of his generation with a Salisbury-area background, trailing only Terminator series actress Linda Hamilton and longtime Weather Channel meteorologist Mike Seidel.

Furthermore, not only are Lewis and I almost perfect contemporaries in age and upbringing as we were both born in the same year and have at least some (in my case) amount of rural background, there’s always been that political aspect surrounding him – once he became a household word in Wicomico during his first campaign in 2006, swamping a four-person GOP primary field with 59.7% of the vote then winning handily that November, Mike got to a point where supporters would have jumped at the chance to help elect him to any higher office he wanted. One interesting tidbit I found in SMLCU is that he once promised his wife he would only serve two terms as Sheriff, but instead filed for a fifth last year. Should he be re-elected in 2022, though, he would match his immediate predecessor, the late Sheriff Hunter Nelms, with five electoral victories. Coming back for a sixth term in 2026 would give Lewis the opportunity to serve even longer than Nelms’s 22 years on the job. (An old-school conservative Democrat, Hunter was appointed in 1984 to finish an unexpired term and served through the 2006 election, where he opted not to seek another term.)

In an epilogue describing his book, Simmons recounts the three themes he was attempting to address: first, Lewis’s ambitions and accomplishments, second, those things that the policing profession entails, and lastly, “the big picture of government and the greater society that places law enforcement in a crucial, albeit vulnerable and often underappreciated position.” Out of the three, the book scores well on the first and last parts, but becomes a bit of a drag on the second portion, much of which comes out as a laundry list of offenses that takes up the book’s second, lengthy chapter – 66 pages out of a book that’s 177 pages, excluding epilogue, acknowledgements, end notes, and photos. (That extra material brings the book to 221 pages overall.)

The problem with that second chapter is that dozens of arrests are detailed, including one I really didn’t need a reminder of – the embarrassing Julie Brewington DUI incident from 2018. (I served with Brewington, a TEA Party leader in Wicomico, for my final two years on the Wicomico County Republican Central Committee.) This list could have been honed down to perhaps a couple dozen of the biggest ones, and the final part of the chapter that mainly deals with incidents in the local schools and at Salisbury University should have been a standalone chapter, particularly as the book then transitions into the seminal case that has occurred under Lewis’s watch: the Sarah Foxwell murder case from Christmas 2009. (One departure from the book: while Lewis talks about tying yellow ribbons to mailboxes to denote yards that had been searched by property owners, I distinctly recall they were asking for red shirts or rags because I remember tying one of my old red shirts to a wagon wheel we kept at the end of the driveway where we then lived in the Foxwell search area so they knew we had checked our property. Perhaps – surprisingly – Mike’s memory is less clear than mine on that one, or maybe it was an either/or situation since most houses don’t have yellow ribbon on hand.)

However, once that slog of a second chapter is complete, the book moves along at a nice pace through the time period and events that made Lewis a household name among county sheriffs nationwide, among them the Foxwell case, assisting at the Baltimore riots in 2015 and becoming an impromptu spokesman for the police gathered there, and Mike’s advocacy for the Second Amendment. We also get a glimpse of then-candidate Donald Trump’s 2016 campaign stop in nearby Berlin and the fact that Lewis initially backed Marco Rubio in the race thanks to a previous encounter with him on a drug interdiction fact-finding mission to South America.

SMLCU also gets its share of ink from a couple local politicians, most notably former Wicomico State’s Attorney turned Circuit Court Judge Matt Maciarello and State Senator Mary Beth Carozza, who gushed that, “Mike Lewis was and is the real deal when it comes to defining a top cop – a leader through and through, who day in and day out, leads by example.” While Wicomico County has strong leadership in that regard, it should be pointed out that there was a modest write-in campaign against him in 2018 that netted perhaps 7% of the vote – most likely from malcontents in the local “defund the police” crowd who don’t like Lewis’s aggressive stance toward crimefighting. I have news for them: it’s clear from this book that he doesn’t like them, either.

Unfortunately, all books have a cutoff date for production and printing, so one loose end that would have been worth following up and asking more about was the effort by Lewis to declare Wicomico County a Second Amendment preservation county last year. It ends with a vow to reintroduce the legislation this year, but the question is whether the county would take up something like that in an election year. There were a lot of disappointed people when Lewis backed away from the bill, which many believe is necessary as a counterweight to the overbearing government in Annapolis and Washington, D.C. The book quotes former Delegate Don Dwyer as claiming, “The role of the sheriff is to be an interposer between the law and the citizen.” Added Dwyer, “Sheriffs do have the power to nullify or ignore a law if it is unconstitutional.” Pointed out several times in the book is the fact the sheriff (as opposed to a police chief) is an elected official, thus the public trust is placed upon the officeholder with the accountability of election always in the background.

In sum, a tidier book may have gotten the point across with more brevity, but overall this is an interesting look at a law enforcement officer who has perhaps gone out of his way to have an outsized influence on people both inside and outside his chosen profession. I recall when Mike was first running that I worried about his outside interests:

Lewis is a wonderful teacher. I sat in last month’s WCRC meeting and was fascinated by Mike’s presentation. I’m not a cop but I learned a lot about traffic stops and drug interdiction from just 20 or 30 minutes listening to him speak. Had Hunter Nelms decided to run for another term, I’m certain Mike Lewis would be starting a second career traveling the country and even internationally as a teacher and expert on drug interdiction. It almost seems like a waste having him as a county sheriff when he could do a great job and touch many more people with a career path like he was contemplating.
“For Wicomico County Sheriff,” August 20, 2006.

As it turns out, he was more of a multitasker than I gave him credit for – since I endorsed his chief Republican opponent for the primary before backing Lewis in the general – and the book overcomes its flaws to make most of those points.

Finally, in the interest of full disclosure, I am (indirectly) quoted in this book as “a blogger.” Simmons quoted a blog post I did in 2013 at the Second Amendment townhall meeting held by Lewis, which is also credited in the end notes. I guess, thanks to this review, Haven now gets unsolicited advice for a second edition of this book should one come about.

The first real poll

Yesterday the latest Maryland Poll from Gonzales Research came out (h/t Maryland Reporter), and it suggests that we have a long way to go in educating the voters of this state about the real facts at hand. But there are a few encouraging signs, I suppose.

In the nine months since a similar sampling in January, we can now determine that Barack Obama’s job approval has gone down six points in the topline, from 64% to 58%. But the difference between “strongly approve” and “strongly disapprove” has plummeted in that span: it was +19.4 in January but is now just +6.7. A 13-point swing in that demographic suggests the national economic situation of an ongoing sluggish “recovery” is taking its toll.

By the same token, the 54% job approval Martin O’Malley enjoyed in January was a mirage, too. O’Malley now finds himself in a statistical dead heat, with 48% approval and disapproval in the October poll. But that difference between “strongly approve’ and “strongly disapprove” has once again moved more than the six-point decline on the topline, going from a +0.2 in January to a (-15.1) now. That’s an even more pronounced 15-point swing not shown by a 6 point drop in the headlines. Tellingly, nearly 3 of 10 Democrats now disapprove of O’Malley.

But that doesn’t seem to reflect on Anthony Brown, who leads the first non-campaign poll by a fairly similar margin to the Garin-Hart-Yang poll released by Brown’s campaign last month. The Maryland Poll has Anthony Brown/Ken Ulman at 41%, Doug Gansler/Jolene Ivey at 21%, and Heather Mizeur at 5%. (Maybe she can have Wayne Gilchrest as a running mate. As an aside, Mizeur also got the endorsement of Salisbury City Council member Laura Mitchell.)

Unfortunately, the numbers trend the wrong way on some key issues. While 49% of Marylanders polled favored the death penalty and 44% opposed it in January, those numbers are now reversed in that 49% favor the law rescinding it and 44% said no. Then again, its support was rather soft all along because it had a strong approve/strong disapprove ratio of (-3.2) in January while the repeal now has a +5.5 ratio. In part, this is probably because of the state’s reluctance to use the death penalty and the over-sensationalized Kirk Bloodsworth case. However, I would wager that if you put a name and a victim to a case (e.g. Thomas Leggs and Sarah Foxwell) the support for rescinding the death penalty repeal declines drastically. (In that case, Leggs pled guilty to avoid the death penalty, while the family agreed because of the probability of endless appeals.)

Meanwhile, those who responded to the poll must have believed the onerous gun laws passed by Martin O’Malley and Democrats would actually curb crime. When asked in January, support for an assault weapons ban in the immediate wake of Sandy Hook was 58-40 (with a +17.5 intensity of strongly support/strongly oppose), while background checks passed muster by an 88-11 figure overall. But the gun law as passed maintained its 58-40 support (with only a slightly lower +16.7 intensity.) That, my friends, is a sadly bamboozled and gullible public.

Yet when it comes to the pocketbook, people get it. When asked whether a 10 cent per gallon gasoline tax was acceptable in January, just 26% favored in with 73% opposed. The intensity of opposition was just as stiff, with a factor of (-50.8) strong approve/strong disapprove.

So now that the reality of a 21 cent per gallon increase spread out over three years has smacked Free Staters in the pocketbook, they hate it even more. 22 percent approve of the tax hike, while 76 percent oppose it. Intensity remains as strong, at a factor of (-50.7). Most telling to me is that the Democrats don’t tout it as a success.

Knowing that, where do we go from here? It appears to me that the emotional appeals of Democrats have worked on the above non-fiscal issues because those polled are probably not affected – the chances are small that someone knows a person who’s been heinously murdered by someone who would receive the death penalty, and for those who do too many are blaming the tool used for the victim’s demise.

I can sit and stare at a gun with a 30-round magazine all day, but as long as I don’t pick up the weapon and make the physical motion to fire it, the gun is inert and harmless. Thousands of Marylanders have access to a gun, most have never fired it outside the confines of a closed gun range. Those who use the tool of a handgun otherwise are more often than not breaking enough laws already that the so-called Firearm Safety Act of 2013 won’t prevent them from carrying out their mayhem. However, another person with a weapon just might.

Someone out there probably collects the rare news stories of crimes prevented by the presence of a gun, but the narrative of “if it bleeds, it leads” plays into the hands of those who would usurp our Second Amendment rights. Yet if the hapless victim of random violence had his or her own weapon, things may have played out differently. Instead, the state is placing a burden on those who simply wish to defend themselves, and I thought government was supposed to be about empowerment. That’s what liberals tell me, anyway.

Liberals like Anthony Brown, Doug Gansler, and Heather Mizeur.

And by the way, where is the Republican poll? I think the Gonzales pollsters have fallen into the same “one-party state” trap Doug Gansler did. I’d like to see something more scientific than a blog poll on that race.

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Since I didn’t get a GO Friday feature this week, I added my own two cents as I told you I would. This place doesn’t go dark.

But if you want to be considered for GO Friday next week, just let me know.

The Leggs legacy

As most of my local readers know – unless they’ve just crawled out from under a rock seconds before they read this piece – Thomas Leggs confessed to killing Sarah Foxwell in 2009 as part of a plea deal which spared him the death penalty.

The reaction to this development seems to be one of bitter disbelief, but I’m going to look at this from a political standpoint. We have to fast forward to 2014, when both Wicomico County State’s Attorney Matt Maciarello and Sheriff Mike Lewis will presumably once again face the voters. If that comes to pass, Maciarello would be seeking a second term and Lewis a third.

Obviously the key question is: how long will voters’ memories be? Ramming through a series of tax increases in the first year of his term didn’t seem to hurt Martin O’Malley in 2010 as he defeated Bob Ehrlich for the second straight time and by a wider margin. But local elections are a little different.

We also have to assume that the Democratic Party won’t be in the historically bad straits they were in 2010. As it so happens, several of their existing longtime officeholders may decide not to seek another term so it’s worth believing that they will fill out ballot spaces three years hence – it’s doubtful Mike Lewis will get a free ride for sheriff next time, for example. Maciarello is already vulnerable, with some observers believing he got a great gift in the campaign with Davis Ruark losing a bitter primary fight on the Democratic side. (If Ruark were to try again, he would have to re-establish his registration as a Democrat; I believe he’s switched to unaffiliated since the election.) And surely there are a number of ambitious Democrat lawyers for what would be an open nomination process without Ruark.

Moreover, while Matt laid out his reasoning for taking the plea deal, many who demanded more will feel sold out. Certainly it will be an issue resurrected in 2014 by the Democratic candidate, whoever he or she is. Trust me.

On the other hand, Mike Lewis could be blamed if later digging reveals a weak evidence chain. However, the fallout shouldn’t be as severe for him as it will be for Maciarello – that will bring a sigh of relief to the local GOP brass.

Yet there is one more person affected, and while he’s not exactly political he’s claimed to bring a lot of influence to the local political scene in the past. Why, it was way back in the 2006 campaign where one candidate claiming that local blogs were a “cancer” on the political scene placed him squarely in the limelight. I bet he found that spotlight a trifle harsh today after this diatribe.

Of course, he defended himself from the accusations – but who’s really going to write that book?

So it’s the classic case of he said/she said. Yet Joe Albero could come out of this with the popularity he so craves. While Roberta Wechsler stated a good case in her portion of the press conference, she laid it on way too thick and in a tone that was far too vindictive to a point where some may not take it seriously – certainly Matt Maciarello was caught off guard. Meanwhile, if the case goes to court guess who gets more publicity?

There’s no question that Albero has taken far too much advantage of what has been a tragic situation hanging over Delmarva’s head for the last 15 months – in fact I daresay this case took him away from what he used to do best, which was a somewhat passable version of investigative journalism. Sure, he used it just to take on his enemies but there were things which needed to be said and he said them.

But the bright lights of national attention stemming from the Foxwell case were going to be his ticket to respectability. I recall the frequent citation of Alexa numbers and claims to be ‘mainstream media’ in the immediate aftermath of the search for Sarah but both have faded from the front pages of his site. Certainly he’ll get a bounce from this latest development, but can he keep the audience or have we just seen another patented Albero trainwreck in living color? Only time will tell.

One may ask where this affects me. I didn’t follow the Foxwell story developments closely within these pages, choosing to allow others to do so. My beat is politics, which is why I started this post writing on the speculative angle.

But just like the case in 2006 with Ron Alessi, I know that this saga will affect all of us who toil daily trying to write useful content to a local or regional audience. Having that laundry list of accusations thrown at one Salisbury blogger is sure to reflect on the rest of us and it diminishes our influence.

I have used the content of my site – words I stand behind and would stack up against any other journalist in the media – to get other writing jobs, including Liberty Features Syndicate and the national website Pajamas Media. Certainly in some aspects I exist in a vacuum insofar as someone looking here on a national level isn’t going to care much about my so-called local competition. But I’ve found about 2/3 of my audience resides in the state of Maryland and half of that is local. A casual observer who goes to Joe’s site and is repelled by what he reads may not be as likely to give me or the rest of us locals a shot. There are some talented writers about, and others who make a good run at it. And while ads on monoblogue don’t bring me a lot of revenue – although I’m always willing to sell space – this effect can take food out of my mouth. (Maybe I don’t need that much to eat anyway, but the point remains.)

If Matt Maciarello and Mike Lewis aren’t reelected in 2014, it’s pretty likely they can find regular jobs in the private sector. We local bloggers have a little more difficult time rebuilding an audience when our reputation is tarnished from without, through no fault of our own.

Someday we will be far enough removed from the Foxwell saga that it will lie on the fringes of our collective memory. Thomas Leggs will rot in prison, probably never tasting another breath of freedom the rest of his days. But the words we write and the electronic images we make will live on for awhile. My fear is that our history will be defined by a man described as the leader of a ‘cultlike’ following while the truth is forgotten.

The winners write the history, so we have to make sure the truth ends up on the winning side.