Ray J. Garcia, 55, of Merced, was accused in 2021 of sexually abusing at least one incarcerated woman at the Federal Correctional Institute in Dublin, east of San Francisco. Life-saving measures were administered and he was taken to the Health Care Unit. In his letter, Mr. Wills encouraged Ms. Chavira to submit a new request upon receipt of a final adjudication of her allegations, without offering further explanation. One spoke of "a guy who has served over 20 years, and he is a tough guy. I'm willing to do so because other women are still in prison and I am out. NBC News has reached out to Lowes lawyer for comment and to Jeremy Mull, the Clark County prosecuting attorney, to see if any of the male inmates who allegedly attacked the women have been identified and charged with crimes. Both lawsuits allege violations of constitutional rights, negligence, inadequate training and procedures, and other problems. Noel declined to comment Wednesday on the allegation, but his attorney Larry Wilder in a statement blamed the unforeseeable criminal actions of a rogue corrections officer., Wilder added that sheriffs detectives have interviewed women who were in the pod and these interviews have yielded information that is in direct opposition to the allegations made in the civil lawsuit.". The ex-prison worker was the fifth employee at the facility to be charged with sexual abuse of inmates since June 2021. "He was a captain with total control over me. Select the option or tab named Internet Options (Internet Explorer), Options (Firefox), Preferences (Safari) or Settings (Chrome). Sexual victimization of adult inmates is an ongoing problem in U.S. jails and prisons, with thousands of victims of inmate-on inmate abuse and staff-on-inmate abuse during 2016 through 2018, according to a special report by the U.S. Department of Justice released Tuesday. For these substantiated -and reported -incidents, only about 38% of staffers faced anylegal action. One of them said Highhouse leered at her when she got out of the shower and had a reputation as a predator.. According to BJS (Bureau of Justice Statistics), one in five inmates in state prisons report a physical assault by another inmate. WASHINGTON The Bureau of Prisons has rejected the early release of a female inmate who said she had been sexually abused by male employees at a notorious California penitentiary, reflecting a broader struggle by the Justice Department to free inmates abused in federal custody, when appropriate. However, sexual assault in prison often goes unreported. The four other charged Dublin employees are at various stages of their cases. The committees report sharply criticized the Justice Departments leaders for failing to bring charges against many of those accused of abusing inmates at the now-shuttered womens unit at Coleman. Investigators also found a large volume of sexually graphic photographs of both male and female genitalia and nude photos of Garcia on his work cellphone issued by the Bureau of Prisons. "This situation is intolerable," Ossoff said at Tuesday's hearing "Sexual abuse of inmates is a gross abuse of human and constitutional rights and cannot be tolerated by the United States Congress. Former Army Chaplain Who Sexually Abused Inmates Gets 7 Years in Prison, By Ca'Linda was sexually abused repeatedly by staff in two different Kentucky facilities. Citing reports of abuse by prison leaders, she called it "absolutely egregious," nothing that extreme power differences while in custody make it impossible for inmates to consent to sex with law enforcement. UPDATE: Ray Garcia, former @OfficialFBOP Dublin warden accused of sexually abusing 3 female inmates, . Dublin isone of the country's 122 federal prisons and one of five all-women prisons in the federal system. Samantha Cedillo, 31, was charged Wednesday in a warrant in Douglas County with sexual abuse of an inmate. She is scheduled to be released in 2026. This prosecution holds a prison guard accountable for flagrantly and repeatedly violating the law, and thereby failing to meet this responsibility.. "The violence is so normalized, and so engrained in our society that prisoner rape jokes are common even now, in the post MeToo era No matter what crime a person has committed, rape is not part of the penalty.". Considers Early Release for Female Inmates Sexually Abused Behind Bars, https://www.nytimes.com/2022/12/13/us/politics/federal-prison-sexual-abuse.html. The former warden, Ray J. Garcia, was arraigned Wednesday on a superseding indictment charging him with abusing two additional inmates, for a total of seven counts involving three victims. The DOJ-OIG is investigating the case with assistance from the FBI. James Theodore Highhouse was sentenced Wednesday to seven years in prison more than double the recommended punishment in federal sentencing guidelines. Highhouse, enabled by a toxic culture of abuse and coverups at the prison, warned victims not to report him, telling one of them "no one will believe you because you're an inmate, and I'm a chaplain," prosecutors wrote in a sentencing memorandum. Earlier this year, an Associated Press investigation revealed years of sexual misconduct at FCI Dublin, including allegations against the prison's former warden. The AP also detailed steps that were taken to keep abuse secret, such as ignoring allegations, retaliating against whistleblowers and sending prisoners to solitary confinement or other prisons for reporting abuse. Nine out of 10 victims were males abused by female staff. Highhouse is among five workers charged in the last 14 months with sexually abusing inmates at the Federal Correctional Institution in Dublin, California, and the first to reach the sentencing phase of his case. When Xavier was sent back into the general prison population, the same gang of prisoners raped him again. The week after Chalfant filed the two lawsuits involving Chowchilla, a U.S. Senate report on federal prisons found employees had sexually abused women inmates in at least 19 of the 29 Bureau of . "I knew he had the power to prevent me from being transferred to a prison closer to my family closer to my daughter," Moore said. Thus far, only a handful of the women at Dublin have applied for compassionate release, but many others are waiting to see the outcome of the requests from Ms. Chavira and others before taking action. All Rights Reserved. The high-profile Dublin prison in Northern California, formerly home to well-known actorsand one of the nation's few all-female federal prisons,has come under scrutiny in recent months for alleged systemic abuse. (D. Col.), Case No. An Army veteran, he pressured one inmate into intercourse on Veterans Day by telling her she needed to serve her country and on Thanksgiving by telling her she needed to show her gratitude for him, prosecutors said. For breaking news and live news updates, like us on Facebook or follow us on Twitter and Instagram. Im constantly on alert. External Reporting of Inmate Sexual Abuse/Sexual Harassment and Retaliation Through the Office of Corrections Ombudsman. Additionally, the Bureau found that 3.1% of inmates reported sexual victimization by inmates and staff in one year. While on duty as a correctional officer, Rivera allegedly committed multiple sexual acts with one inmate through the use of threats and engaged in sexually abusive conduct with two additional inmates under his supervision. Do Not Sell My Personal Information, If you need further help setting your homepage, check your browsers Help menu, First Circuit: Surgery performed on inmate to locate alleged contraband a violation of the Fourth Amendment, Ala. police: Man gets ride home from jail, then kills 3 relatives and friend, Charges dropped against detainee after video showed beating by deputies inside Ga. jail, Inmate accused of slashing N.Y. corrections officer indicted, Open the tools menu in your browser. An attorney for Garcia declined to comment. Approximately 15.7% of inmates are raped in federal prisons. But doing so represents a shock to an institution more focused on locking up inmates than letting them go. By Aadil Ikram Zaki Iqbal. Alexander Flavell, 89, is the eighth member of staff from Medomsley Detention Centre near Consett, County Durham, to be successfully prosecuted for historic . The person assaulted is either seen as weaker, or gang banged . Within our corrections system, chaplains are supposed to provide hope and spiritual guidance, Deputy Attorney General Lisa Monaco said in a statement. I have no trust in the Church and really, I dont trust anyone because of what he did.. Theres a lack of accountability, a secrecy, if nobody gets out there and talks about it, said Ms. Reynolds, whose decision to speak to investigators prompted other women to expose yearslong sexual abuse. The Federal Bureau of Prisons (BOP), the government agency responsible for more than 150,000 inmates inside 122 facilities across the country, has been operating in crisis mode for months. believes a woman, after talking to her, has been sexually abused, why is that not the same thing? he added. Eight women have filed legal action after alleging they were sexually . As a subscriber, you have 10 gift articles to give each month. Mississippi inmate "J.H." fought back tears as he testified Thursday in federal court in Jackson that he was sexually assaulted twice behind bars in less than a year. sexual abuse and sexual harassment toward inmates, either by staff, contractors, volunteers, or by inmates. At the same time, prosecutors wrote, a prison counselor would rail about inmates snitching on employees, suggesting they instead tell Trump about it," referring to then-President Donald Trump. In recent weeks, the deputy attorney general, Lisa O. Monaco, has pressed top officials at the Bureau of Prisons, a division of the department, to encourage inmates who have been assaulted by prison employees, and might qualify for the departments underused compassionate release program, to apply. Federal Correctional Complex Coleman in Florida, where numerous women have said they were abused by prison employees. Copyright 2023 Anyone can read what you share. But that seems to be changing, albeit slowly. ", The Bureau of Prisons said in a statement to USA TODAY Thursday that the agency is "being proactive and is fully cooperating with the Office of Inspector General on active investigations, and will bring to justice those who abuse public trust." According to court documents, the warrant was issued with no bail. Women were abused by prison staff in at least 19 of the 29 federal facilities that held female inmates since 2012, the bipartisan report from the Senate's Permanent Subcommittee on Investigations found. Inmates have the right to be safe from sexually abusive behavior. "For 10 minutes they beat me, ripped my clothes. "We must come to this work with our arms wide open.". 2. Under federal law, any sexual contact between a prison employee and a prisoner is illegal, even if it would be considered consensual outside the system. Six of the accused officers . 0:03. OAKLAND, Calif. A former worker at a federal women's prison in California was sentenced Thursday to 20 months in prison for sexually abusing an inmate. Ca'Linda is traumatized by the abuse, but finds comfort in sharing her story . A federal corrections officer accused of holding hard-to-get feminine hygiene products over inmates' heads to sexually abuse seven women took a plea . As alleged, the defendants conduct targeted vulnerable victims and undermined the dual mission of the Bureau of Prisons: to provide a safe, humane custodial environment while preparing individuals for a return to society, said Deputy Attorney General Lisa O. Monaco. Twenty-eight female prisoners at an Indiana jail claim in two federal lawsuits that they were subjected to a night of terror after they were attacked and sexually assaulted by male inmates who had allegedly bought a key to the womens wing from one of the jailers for $1,000. Feb. 22, 2023. In an effort to prevent an inmate from reporting abuse, Garcia allegedly told the inmate he was a close friend with the head of the Special Investigative Services, which investigates allegations of misconduct by inmates and guards in the prison. All sexual activity between a prison worker and an inmate is illegal. Briane Moore, formerly incarcerated in the Federal Bureau of Prisons, testifies during the hearing of Senate Homeland Security and Governmental Affairs Subcommittee on Investigations, on Sexual Abuse of Female Inmates in Federal Prisons, on Capitol Hill in Washington, Dec. 13, 2022. That woman said in a victim impact statement that she cried herself to sleep after testifying before a grand jury about Highhouses abuse. Under current rules, the Bureau of Prisons initiates the process of requesting a compassionate release, filing a formal motion with the judge who presided over the original trial. Last week, she ordered the closing of a troubled special detention unit in Illinois where inmate deaths, suicides and reports of sexual harassment by guards have been rampant. Klingeralso allegedly had sex with another inmate in a cargo container while another inmate acted as a lookout. An indictment is merely an allegation. As a subscriber, you have 10 gift articles to give each month. Rank-and-file prosecutors and prison officials play a vital role their support, or ambivalence, about an application can often be the deciding factor and many have been resistant to free anyone, even an inmate in the final stages of a terminal illness. In December, a jury found the former warden Ray J. Garcia guilty of seven counts of sexual abuse of three female inmates and one count of lying to the Federal Bureau of Investigation. Highhouse, enabled by a toxic culture of abuse and coverups at the prison, warned victims not to report him, telling one of them no one will believe you because youre an inmate, and Im a chaplain," prosecutors wrote in a sentencing memorandum. But the auditor said she did not find evidence of retaliation, and found that the acting warden, associate warden, SIS lieutenant, and all security, psychology, medical, and other facility staff were extremely concerned about allegations of sexual misconduct and were taking all possible actions to discover and respond to such behavior, including protecting inmate victims.. But the story doesnt end here. ", 24/7 coverage of breaking news and live events. The inmate said that she attempted to report the abuse but that when she did, a prison officer shrugged and reminded her that she would soon be transferring out of Dublin. In their sentencing memorandum, Highhouses lawyers noted that he served as an Army chaplain in Iraq and Afghanistan, is seeking treatment for post-traumatic stress disorder and cares for his elderly mother after his father's death this year. "You can pencil whip anything, on the surface you can illustrate that procedurally everything is being done in compliance with applicable policy and procedure. The Clark County Sheriff's Office in Indiana. The facility, 20 miles southeast of Oakland, had been named "the rape club" by workers and inmates, reflecting a culture of abuse, according to an Associated Press investigation. Peters said she has worked since her appointment to inspect prisons and transition from prior Bureau of Prisons leadership. Prosecutors had sought a 10-year prison sentence. For an optimal experience visit our site on another browser. According to the complaint against Klinger, who was accused of one count of sex abuse of a ward, he had sex with two inmates and told both he wanted to father their children and made plans to marry them. Before the law could take it course, Xaviers prisoner inmates decided to teach him a lesson. Members of Congress have urged more scrutiny and investigations into allegations of systemic sexual abuse of inmates. He allegedly provided the inmate with earrings, let her use his office phone and engaged in oral sex with her twice, one of those times in the safety office. By Jonathan Dienst Published May 19, 2015 Updated on May 20, 2015 at 10:40 am. Nationwide, a higher percentage of inmates, 2.9 percent, reported staff sexual misconduct than inmate-on-inmate abuse. The former warden, Ray J. Garcia, was arraigned Wednesday on a superseding indictment charging him with abusing two additional inmates, for a total of seven counts involving three victims. "In connection with those investigations, the government plans to execute multiple search warrants.". For years, prisoners rights groups have complained that Bureau of Prisons officials have been reluctant to grant compassionate discharges, even when inmates can provide evidence of a terminal illness or of abuse at the hands of an official entrusted with their welfare. About 20 percent of female prisoners reported being abused by other inmates, compared to an average of 3.5 percent of male prisoners who reported such abuse. OAKLAND, Calif. -- One of five workers accused of sexually abusing inmates at a federal women's prison in California pleaded guilty on Thursday . Army veteran Allison Jaslow also is the first LGBTQ leader of a major veterans service organization. The auditor also proposed the prison retain documentation in an investigation or case monitoring file. Federal Bureau of Prisons Director Colette Peters, who was appointed in July, appeared at the hearing and was asked by Ossoff why the bureau hasn't made systemic changes to prevent abuse, given the volume of alleged and corroborated complaints. Contacting the Special Investigations Division by Telephone: (609) 826-5617. She explained that after having a daughter at age 17, she was looking for extra money and began selling crack cocaine. 1:16-cv-00329-WJM-STV. In a harsh punishment, a group of prisoners brutally raped and tortured a man who was guilty of raping his minor child. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Gilliams seven-year sentence matched the recommendation of probation officers who conducted Highhouses pre-sentence investigation. . Lerner-Kinglake noted that an overwhelming number of reports are still unsubstantiated, but that given the risks involved in making such a claim against correctional staff, "it just defies logic that only 5% of reports of staff sexual abuse are valid. There are some cases they should be agreeing to immediately, if this policy is really about justice at all, said Erica Zunkel, Ms. Chaviras lawyer, who represents clients through a law clinic at the University of Chicago, where she is a professor. He faces up to 39 years in prison. Let this send a clear message that the FBI will investigate and hold accountable any and every individual who commits an act like this, regardless of your title or authority.. If you sweep it under the rug, she said, nothing will change.. Twenty-eight female prisoners at an Indiana jail claim in two federal lawsuits that they were subjected to a "night of . The majority of substantiated sexual misconduct, or 67%, was perpetrated by female staff; male staff perpetrated about 69% of substantiated incidents of sexual harassment. Widespread corruption, abuse among workers, critical staff shortages and the rampant spread of COVID-19 among prisoners. Catch up on the developing stories making headlines. According to . Justice Dept. ", He added: "What kind of message does it send when incarcerated people are bravely speaking out, only to learn that their reports are dismissed? Being deprived of consensual sex, and self-centered, any hole will do. After the AP's reporting, a task force of senior federal prison officials descended on Dublin, meeting with staff and inmates and pledging to fix problems and change the culture. Sexual victimization of adult inmates is an ongoing problem in U.S. jails and prisons, with thousands of victims of inmate-on inmate abuse and staff-on-inmate abuse during 2016 through . His lawyers asked for two years, the low end of the federal guidelines, which called for a sentence of 24 to 30 months. The former warden, Ray J. Garcia, was arraigned Wednesday on a superseding indictment charging him with abusing two additional inmates, for a total of seven counts involving three victims. Published: June 8, 2015 5:52 PM IST. A federal lawsuit says the women were attacked by male inmates at the Clark County Jail after a now-charged jailer allowed inmates access to keys last year. The agency releases only a fraction of inmates eligible to be freed early under federal laws. Colette S. Peters, a former Oregon state prison official tapped to lead the bureau in July, has backed the initiative. failed to recognize female prisoners being sexually assaulted and elderly prisoners being threatened by a once-in-a-lifetime global pandemic as reasons to even consider a sentence reduction, said Kevin Ring, the president of Families Against Mandatory Minimums. The former warden, Ray Garcia, wasconvicted in Decemberof molesting inmates and forcing them to pose naked in their cells. Updated. His attorney did not immediately reply to a request for comment. I dont even go to Church anymore because of him. "One of the most basic tenets of correctional management is understanding and accepting the notion that inmates are incarcerated as punishment not for punishment. 2023 USA TODAY, a division of Gannett Satellite Information Network, LLC. All rights reserved. James Theodore Highhouse, 49, a prison chaplain, has already signed a plea agreement . But taking this relatively modest step has proved more difficult than anticipated. "I welcome accountability and oversight and I welcome this hearing," Peters said. They characterized the rejection as temporary, although they did not say what factors would lead to an approval or offer a timetable for instituting the new system of internal reviews. A prison in Nebraska had the highest reported rate of staff-on-inmate sexual . Last year, an Associated Pressinvestigationrevealed years of sexual misconduct at FCI Dublin. In 2019, Ms. Reynolds took the lonely, terrifying risk of identifying the officer who pressured her for sex and quickly discovered she was one of at least 10 women who had been abused by officers and workers at the facility. Amazingly, even though there were surveillance cameras positioned in locations that showed the male detainees accessing the womens Pods, and even though the incident involved multiple mail (sic) detainees and dozens of victims over an extended period of time, not a single jail officer on duty that night came to the aid of the Plaintiffs and the other victims, the complaint states. Seven correction officers at Rikers Island raped and sexually abused female inmates over a two-year period . At the same time, prosecutors wrote, a prison counselor would rail about inmates "snitching" on employees, suggesting they instead . She said the officer, a captain at the prison, would take her to private areas of the facility to abuse her out of sight of surveillance cameras. the bureaus new director, Colette S. Peters. Since 2000, the Texas prison system has referred nearly 400 cases of staff sex crimes against inmates to prosecutors. Following his confession, Xavier was sent to Taguatinga prison for thirty days to await his trial for the heinous crime. Actresses Felicity Huffman and Lori Loughlin both did time at the Dublin prison for their involvement in thecollege admissions bribery scandal. The Clark County Sheriff's Office, which Noel heads, is doing the investigation because the Indiana Department of Correction "does not have oversight or investigative authority over county jails," IDOC spokeswoman Annie Goeller said in an email. A previous lawsuit had been filed earlier in June on behalf of 20 other female inmates, alleging that Noel and the jail guards violated the womens civil rights by either intentionally or negligently allowing the male inmates to gain access to their pods and not coming to their aid. At least two women were raped. In our view, theyve forfeited the right to have a monopoly over compassionate release., Justice Dept. An attorney for Chavez could not immediately be determined for comment. Secure .gov websites use HTTPS The safety manager, John Russell Bellhouse, 39, has pleaded not guilty to engaging in sexual acts during 2000 with an inmate he called his "girlfriend." U.S. District Judge Yvonne Gonzalez Rogers sentenced Enrique Chavez to . An official website of the United States government. And about half of their victims were also white. Sentencing Commission to give inmates the right to directly request a compassionate release ruling from trial judges rather than rely on the bureau. Human rights group Amnesty International in 2014 reported that torture and ill-treatment were still prevalent worldwide, indicating that 141 countries are practicing these systematic forms of abuse in their detention facilities. "I'm not an activist or someone who's normally -- who would normally use my voice like I am today," Moore told the panel. Unfortunately, violence is common in correctional facilities, particularly jails at higher-security . The chaplain, James Theodore Highhouse, 49, pleaded guilty as part of a plea agreement in February in federal court to five felonies for sexually abusing a female inmate who came to him for spiritual guidance, and then lying to federal agents during the ensuing investigation. The agency also added: "It should benoted, a vast majority of misconduct cases have been referred by the BOP. Department officials are still exploring ways to fortify and repurpose internal administrative procedures to help verify the hundreds of sexual abuse claims filed by prisoners each year, according to a draft letter of a proposal to a judicial policy panel outlining possible changes. He also insisted he was coerced and assaulted into making a false confession about selling them the keys. researches product purchases and suppliers. I hope that they will not have to go through what I went through. WASHINGTON - Three survivors of sexual assault in federal prison described years of horrific abuse by prison staffers who used their unfettered access to . Advocates say that repurposing prisons with an emphasis on alternatives to incarceration can help drive reform. "I wish I had a good answer to that question," Peters said. He . and "The government is currently investigating additional suspects for related crimes," prosecutors wrote in its motion to unseal the indictment. The felony grand jury indictment, filed March 10 in the U.S. District Court Northern District of California, charges Chavez with two counts of abusive sexual contact around October 2020. Holding a position of power comes with great responsibility. Sentencing Commission, an independent agency that creates guidelines for federal judges, to carry out a law that gives inmates and their lawyers the right to directly petition courts for compassionate release without having to go through the Bureau of Prisons. Prison and jail staff who sexually abuse inmates rarely face consequences. Widespread sexual abuse of female inmates continues to plague federal prisons and accountability measures for staff have not contained the scourge of such violence, according to a Senate investigative report released Tuesday. The departments leadership had promised they would reconsider the policy, so this was an important decision that sends a big signal, she added. The charges announced today reflect the Departments commitment to root out sexual misconduct within the BOP and to hold accountable those who illegally exploit their authority.. See: Arapahoe v. Avalos, U.S.D.C. The charge carries a maximum of 20 years in prison and no required minimum sentence. Current and former prisoners and staff described the rampant sexual abuse as "an open secret," the report found. Correctional employees enjoy substantial power over inmates, controlling every aspect of their lives from mealtime to lights out, and there is no scenario in which an inmate can give consent.