Bernalillo County investigators think the inmate impregnated the guard, Reyna Lujan, in his own cell while the guard was on duty.
Lujan, who denies the charges, quit the jail after her bosses started investigating her.
A tip from inmates spurred the investigation. Now investigators have hundreds of phone calls between the two.
“The sheriff’s office is recommending that she be charged with criminal sexual penetration in this case,” said DA spokesman Pat Davis. “It’s a second degree felony because it involves a person of authority — in this case, a correctional officer.”
Lujan could be hit with a rape charge for each time she had sex with the inmate, Eric Brayman, even if she didn’t force the inmate.
“Although we can’t speculate whether it was consensual or not, the law doesn’t make an exception for that,” Davis said.
The report on Lujan contains transcripts of some of the 300 calls between her and the inmate. In one she tells Brayman she is pregnant with his child. In another, the pair laugh about an incident where they were in the middle of a sex act inside Brayman’s cell when Lujan’s radio goes off and she is called away.
Davis says they are handling the accusations seriously.
“We want to move this as quickly as possible because we want to maintain the integrity of the MDC,” Davis said.
There is no word on whether Lujan is pregnant with the baby. Based on timelines in the police report, she could be in her third trimester.
When Brayman was released from the MDC, he moved in with Lujan.