May 28, 2019: Statement of Facts, Stewart Cumbo
STATEMENT OF FACTS
Stewart Cumbo is a former Metropolitan and Maryland State Police Officer and he is currently a member of the City Council for the Town of Chesapeake Beach, Maryland located in Calvert County, Maryland and has been active in Chesapeake Beach politics for a number of years.
On October 24, 2018, Detectives from the Calvert County Sheriff’s office received an initial complaint from Patrick Mahoney, the Mayor of Chesapeake Beach about a potential wiretap violation. Mr. Mahoney indicated that Stewart Cumbo, a Chesapeake Bay Councilman admitted to him that he had recorded a conversation with Carrie Plymire, a member of the Board of Library Trustees on his cellphone without her permission. Mahoney further stated that this recording had been played for other members of the Chesapeake Beach Town Council.
An investigation was conducted with witnesses being interviewed. Search and seizure warrants were prepared and executed by detectives for Cumbo’s home and cellular telephone. These warrants were executed on November 1, 2018. When executing the warrants, Detectives spoke with Cumbo who admitted that he had recorded his conversation with Ms. Plymire on his cellular telephone without her permission and voluntarily gave detectives his cellular telephone. Cumbo stated that all of the recordings were on his cellular telephone. Cumbo was cooperative with Detectives and gave them his passcode to his telephone as well as showed them where the recordings were stored and kept in his cellular telephone.
On November 3, 2018, Cumbo wrote a letter to Ms. Plymire and the Board of Trustees for the Calvert Library admitting that he had recorded Ms. Plymire without her permission and apologizing for his actions.
Cumbo’s cellular telephone was seized by Detectives pursuant to the lawful search and seizure warrant and was eventually forensically downloaded. The forensic download revealed approximately two hundred and seventy-five (275) unlawful recordings, between July of 2018 and November of 2018, which were stored and recorded by an “app” on Cumbo’s cellular telephone. These recordings were then reviewed and determined to be calls between Cumbo and other individuals. None of these recordings contain a warning by Cumbo that the telephone call is being recorded. These calls are both personal calls between Cumbo and family and friends as well as calls related to his employment as a Chesapeake Beach Councilman.
If called to testify witnesses would identify Cumbo as well as his voice on the recordings. Witnesses would further state that there was no warning that these calls were recorded. All events occurred in Calvert County, Maryland.