Maryland man who claimed he was a pornographer, not a sex trafficker, sentenced to federal prison

Through more than three years of pretrial detention, Kamal Dorchy said the federal sex trafficking charges against him were trumped up and tainted by police misconduct.

The indictment was thrown out by a judge at one point, then re-filed by the U.S. Attorney’s Office. Key evidence was suppressed by a judge, who found a Howard County police detective wrongly used a GPS device and made misstatements.

Dorchy, of Beltsville, said he wanted to fight the charges, but couldn’t risk going against the government — he was facing a potential life sentence. He pleaded guilty, and was sentenced Thursday to eight years.

“The stakes of my life, at 47 years of age, have to factor in,” Dorchy said in a phone interview before the sentencing hearing.

Even in his telling, Dorchy’s case is not particularly sympathetic: Dorchy said a pornography addiction led him to pursue producing his own videos, and he partnered with prostitutes and helped arrange their trysts, which he would film. He said all already were involved in sex work, and the profits were split 50/50.

“Never in fiction, film or my practice of law have I heard of a pimp, if that’s the term to be used, splitting profits 50/50 with prostitutes,” his defense attorney, Chad Curlett, told U.S. District Court Judge George L. Russell III on Thursday. “He did not enslave women, he did not force them against their wills, he was not violent ... He covered expenses.”

One of the sex workers, however, was 17 years old. Dorchy said he met her at a Baltimore strip club, and did not know her true age.

Prostitution is not a federal crime. But overseeing prostitution involving a minor, as well as using force or coercion, qualifies as federal sex trafficking.

Assistant U.S. Attorney Ayn Ducao said that Dorchy did not allow the women to use their nicknames of choice in their online ads, and sometimes promised customers sex acts that the women were not comfortable with. One of the victims spoke up at the sentencing hearing, saying she felt “held captive” and was reliant on Dorchy.

Russell, the judge, said he believed Dorchy indeed had a controlling role and took advantage of vulnerable people.

“I do not believe this was simply an arm’s length transaction between two equal partners,” Russell said.

Dorchy was charged originally in late 2017, but in 2018 the initial judge, Marvin Garbis, dismissed the indictment and released him after finding his right to a speedy trial right had been violated. He was re-charged and re-arrested on the courthouse steps by agents with guns drawn.

Dorchy’s attorneys raised questions about evidence, saying the investigating police officer from Howard County, Detective Kalle James-Wintjen, illegally used a GPS device by encroaching onto private property to affix it to Dorchy’s vehicle.

Judge Russell suppressed all case evidence related to the GPS tracker, including all physical evidence and testimony from three female witnesses located at the College Park Days Inn on the same day.

At a 2019 hearing, Russell said that James-Wintjen had “made misstatements entirely through this case” and that her account was “not going to win the day for the government.” The case continued, however.

Sherry Llewellyn, a spokeswoman for the Howard County Police Department, said police made revisions to their policies regarding use of GPS devices as a result of the case, saying that since May 2019 they have required that a court order include an exact address for placement of a GPS on a vehicle parked in a driveway.

Prosecutors said Thursday that they did not believe James-Wintjen made misstatements in her reports and called the defense characterization a distraction.

Curtlett, Dorchy’s lawyer, said the officer’s reports were “designed to mislead, and the government should acknowledge it.”

Llewellyn said James-Wintjen continues to work for the Howard police department in a covert capacity and would not discuss whether she was disciplined, citing personnel restrictions. Beginning this fall police discipline decisions will be subject to public release as a result of a new law passed by the General Assembly this year.

Curlett said that Dorchy “recognizes and accepts that it doesn’t matter” by law if he knew one of the sex workers was underage. “It was his responsibility [to know], and he failed to meet that responsibility,” Curlett said.

Given a chance to speak, Dorchy began to explain his view of the case, prompting his attorney and Russell to interject.

“I’m not quite sure this is in Mr. Dorchy’s best interest,” Russell said.

After a recess, Dorchy wrapped up by saying he had not understood how the women had been affected, and apologized.

Dorchy’s plea deal called for a sentence of between six and 10 years, and Russell noted that his sentence of eight years was 22 years lower than what was recommended by the sentencing guidelines. Dorchy must register as a sex offender, and Russell said he would restrict him from looking at pornography. He’ll be on supervised release for 15 years.

Meanwhile, Dorchy described himself as a victim of law enforcement.

“I had to plead guilty based upon lies,” he said in an interview.