Sedgwick County Kansas Deputy Sheriff David E. Kendal Arrested And Charged With Sodomy, Unlawful Sexual Relations, Mistreatment Of Prisoners, And Sexual Battery After Gay Sex With Male Prisoners

June 21, 2012

SEDGWICK COUNTY, KANSAS – Sedgwick County sheriff’s detectives arrested a county jail deputy Tuesday as a result of an ongoing criminal investigation of alleged sexual misconduct in the jail.

At a news conference late Tuesday afternoon, Sheriff Robert Hinshaw announced that the deputy, David E. Kendall, 21, has been booked into jail on suspicion of two counts of aggravated criminal sodomy, two counts of unlawful sexual relations, two counts of mistreatment of a confined person and one count of sexual battery.

Previously, two attorneys representing inmates have said that they were investigating allegations that a deputy raped or sodomized two male inmates.

For now, Kendall is being held without bond in the jail medical clinic, to keep him away from the rest of the jail population. Kendall, who has been with the Sheriff’s Office since October 2008, will probably be moved out of the county partly because he is familiar with the jail’s security, Hinshaw said.

The allegations – against someone working for a law enforcement agency – “tarnish all of our badges” and are embarrassing, Hinshaw said.

Later in the news conference, he said he wants the public to have confidence in the Sheriff’s Office, which operates the jail.

“This whole issue is very important to the public,” he said.

Hinshaw, who is seeking re-election, acknowledged that he has heard some say that law enforcement tends to cover up for its own.

“I would respectfully disagree with that,” as far as the Sheriff’s Office is concerned, he said. In the last five years, he said, the office has fired 13 staff members accused of crimes, and that of the 13, nine were charged.

The sheriff said his view of the agency investigating one of its own is “if you’ve got a mess, you clean up your own mess.”

He noted that as part of a survey of sexual misconduct in prisons and jails, the Sheriff’s Office reported 51 incidents. Those involved staff-to-inmate or inmate-to-inmate contact for 2004 through 2011, with the exception of 2006.

Of the 51 incidents, 16 – or about one in three – involved sexual misconduct by staff. Four of the 16 incidents were found to be substantiated, four unsubstantiated and eight unfounded. Of the four substantiated cases involving staff, Hinshaw said, he knew of one in which charges were filed but wasn’t sure of the other cases.

“In a jail,” he said, “there is no such thing as consensual sex between an inmate and a staff member. It is a felony.”

Mark Schoenhofer, one of the attorneys representing the alleged victims, said after Hinshaw’s announcement of the arrest: “We’re happy that the Sheriff’s Office has taken steps on behalf of our clients to see that some justice was done. We’re happy that the arrest was made … and I’m hopeful that the DA’s (District Attorney’s) Office will follow up with charges.”

Schoenhofer said he and another attorney, Kurt Kerns, will be interested in what criminal investigators find and will continue their own investigation; Schoenhofer said they have yet to take any formal action toward possible litigation.

Hinshaw said he couldn’t discuss the evidence so far, but said his detectives are being assisted by the FBI and have conducted “a lot” of interviews of deputies, inmates and former inmates. He emphasized that the investigation is ongoing.

“We’re not anywhere close to being done,” Hinshaw said.

Sheriff’s detectives learned of an initial allegation on June 3 and of an additional allegation on Monday, Hinshaw said. One of the two inmates who is alleged to be a victim has been moved into U.S. marshal’s custody; the other remains at the jail.

Kendall remains on the payroll as the personnel process moves toward a possible firing, Hinshaw said. He said that Kendall’s rights as an employee and his rights as an accused must be upheld.

The criminal case will be presented, most likely in the next two to three days, to the District Attorney’s Office. It will decide what, if any, charges will be filed.

Speaking of the allegations, Hinshaw said, “Unfortunately, things like this do arise, not just here but in agencies across the United States.”

Asked by a reporter whether the Sheriff’s Office had made any changes in procedures as a result of the accusations against the deputy, Hinshaw said, “We already have very good procedures, protocols,” but that the office reviews practices as issues arise.

Asked how the suspected crimes could have occurred without someone knowing, Hinshaw said that although the jail has 200 cameras to monitor parts of the jail, staff members can’t see everything.

“This jail is virtually a small city,” he said. “Just like in any city … things can happen.”

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Veteran Prince George’s County Maryland Deputy Sheriff Lamar McIntyre Arrested, Suspended, And Charged With Raping Female Inmate

June 21, 2012

PRINCE GEORGE’S COUNTY, MARYLAND – A deputy sheriff is under arrest after allegedly sexually assaulting a female inmate, according to Prince George’s County police.

The woman, 34, told police that deputy sheriff Lamar McIntyre, 31, of Bowie assaulted her at about 2 p.m. Tuesday while she was being held at the Upper Marlboro courthouse before a trial, a county police release states.

McIntyre admitted the assault when questioned by county detectives and is charged with second-degree rape and second-degree sex offense, according to online Prince George’s County District Court records. He was remanded to the Department of Corrections in Upper Marlboro on a $75,000 bond, according to county police.

McIntyre, who has been a sheriff deputy since September 2009, was put on leave without pay, said Sharon Taylor, an office of the sheriff spokeswoman.

No attorney information was listed for him in online court records as of Thursday.

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Veteran Edmonds Washington Police Officer Daniel Lavely Arrested After Sex With A Prisoner

June 17, 2012

EDMONDS, WASHINGTON – An officer with the Edmonds police force has been arrested after he allegedly had sex with a woman in his custody last month, officials said.

The officer, Daniel Lavely, 46, was arrested by Everett police Thursday morning and booked into the Snohomish County Jail for investigation of first-degree custodial sexual misconduct, a felony, following a month-long investigation.

Authorities originally launched the investigation May 9 after receiving an allegation that Lavely reportedly had sexual intercourse three days earlier with a 28-year old Seattle woman who was in his temporary custody while he was on duty.

“My understanding is that she was not free to go, but she wasn’t handcuffed in the back of the patrol car,” said Everett police spokesman Aaron Snell.

Due to the seriousness of the allegation, the officer was immediately placed on administrative leave and his law enforcement authority was suspended, said Sgt. Mike Blackburn of the Edmonds police.

The Everett Police Department investigated the allegation at the request of Edmonds police officials and determined there was probable cause to believe that criminal conduct had occurred.

“Any time that someone’s in custody with a police officer, consensual sex or any time of sex is off the table; it’s not allowed,” said Snell.

According to that investigation, Lavely initially stopped the 28-year-old Seattle woman for jaywalking on Highway 99 in Edmonds on May 6.

The woman was released shortly afterward, but she was contacted again by Lavely later that evening on an unrelated call. This time, Lavely allegedly took temporary custody of the woman, put her in his patrol car and drove her to a remote location where the two had sexual intercourse, according to the investigation.

The woman reported the incident to law enforcement a few days later.

Lavely, a 7½-year veteran of the Edmonds police force who was assigned to patrol duty, was arrested at 11:10 a.m. Thursday.

Formal criminal charges are expected to be filed by the Snohomish County Prosecuting Attorney.

A determination as to Lavely’s employment status with the city of Edmonds will be made after an Edmonds Police Department review of the entire investigative file.

“We will get to the bottom of this, and there will be appropriate action taken,” said Edmonds Police Chief Al Compaan.

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Gadsden County Florida Deputy Sheriff Deric Mordica Arrested And Charged With Sexual Assault On An Inmate

June 7, 2012

QUINCY, FLORIDA – Authorities with the Gadsden County sheriff’s Office says a deputy has been arrested after an alleged sexual assault.

According to Public Information Officer Ulysses Jenkins, Detention Deputy Deric Mordica surrendered to GCSO authorities after a warrant was issued for his arrest. We’re told he turned himself in at the end of May.

Mordica is accused of having sex with an inmate who was being housed at the Gadsden County Jail.

“We must abide by same laws that we are sworn to enforce and will act upon any violation of such,” said Gadsden County Sheriff Morris Young. “We will continue to provide professional law enforcement services to this community with the integrity that the citizens deserve.”

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Maule Guards At Alabama Tutwiler Prison For Women Abused Female Inmates For Years – At Least 20 Guards Transferred Or Fired In Past 5 Years After Sex With Inmates

May 23, 2012

WETUMPKA, ALABAMA – Male guards at an Alabama women’s prison engaged in the widespread sexual abuse of female inmates for years, a nonprofit group alleged in a formal complaint filed with the Justice Department on Tuesday.

The Equal Justice Initiative asked the Justice Department to investigate alleged incidents occurring between 2009 and 2011 at the Tutwiler Prison for Women in Wetumpka, Alabama. The federal agency confirmed that it received the complaint though declined further comment.

“In interviews with more than 50 women incarcerated at Tutwiler, EJI uncovered evidence of frequent and severe officer-on-inmate sexual violence,” the Montgomery-based group said in a statement.

“This troubling cycle of abuse and lack of accountability has established a widespread pattern and practice of custodial sexual misconduct,” said Bryan Stevenson, the group’s executive director.

Stevenson also blamed the Alabama Department of Corrections for under-reporting the alleged attacks, which the group says include rapes, and for responding inadequately.

The group claims that more than “20 Tutwiler employees have been transferred or terminated in the past five years for having illegal sexual contact with prisoners.”

“It’s an ongoing thing, a daily thing,” said Stefanie Hibbett, 31, a former Tutwiler inmate. “You see women raped and beaten, and nothing is ever done.”

Hibbett said she was the victim of sexual assault in November 2010. She said she told the prison’s warden about the assault, but no charges were ever filed against the prison guard she says attacked her. An Alabama judge dismissed a civil suit she filed in the case in August.

Several imprisoned women also allegedly became pregnant after being raped by guards, giving birth while in custody, the nonprofit group reported.

CNN cannot independently confirm that account. The Alabama attorney general’s office referred questions to the Alabama Department of Corrections, which did not immediately return a call for comment.

A 2007 Justice Department report found that Tutwiler maintained the highest rate of sexual assault among prisons for women and 11th overall of those evaluated across the United States.

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Morgan County Alabama Corrections Officer Joshua Coppinger Arrested And Charged With Sex With An Inmate

June 30, 2011

DECATUR, Alabama — A Morgan County corrections officer has been arrested after authorities believe he engaged in sexual conduct with an inmate, police said.

Joshua Coppinger, 32, was arrested on charges of sexual conduct with a person in custody and booked into the Morgan County Jail, said Sheriff Ana Franklin in a statement Thursday.

Coppinger was fired and arrested after an internal investigation, Franklin said. He has since been released on a $2,500 bond. No additional details about allegations were released.

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Niles Indiana Police Officer Ivery Cross Arraigned – Charged With Sexually Assaulting Teen Inmate – Family Shows Up In Court And Causes A Scene

March 31, 2011

NILES, INDIANA — It was a tumultuous scene Thursday outside Berrien County Trial Court in Niles where supporters and family members of Ivery Cross, a Niles police officer accused of the sexual assault of a 19-year-old inmate in the holding facility at the Niles Law Enforcement Complex, gathered following Cross’s arraignment.

Mary Cross, the officer’s mother and one of the few family members who was willing to identify herself, shouted several times that her son is innocent as Mark Coulston, the Trial Court bailiff, attempted to move the angry group of roughly 40 people outside into the parking lot.

“I don’t believe it,’’ she said, apparently referring to the charges authorized Wednesday against her son, who’s black. “This is a prejudiced town and a prejudiced court.’’

Others took the media to task for their coverage of the high-profile case, yelling at cameramen and other media representatives that they’d “already lynched’’ Cross. One woman who seemed to support that position leveled criticism as well at the county’s criminal justice system, shouting that her mother had been raped several years ago and that the perpetrator had been allowed to go free.

That woman, too, refused to identify herself, as did yet another woman who had to be restrained as she shouted at TV cameramen and reporters.

In court, Cross, 25, a life-long Niles resident and a member of the city’s police department for a little more than two years, hugged family members and supporters prior to his appearance before Schofield. He was represented by R. McKinley Elliott, who told Schofield he was filling in for another attorney who had a conflict.

Neither Elliott nor Steve Pierangeli, a Berrien assistant prosecutor, asked Schofield to recuse himself based on the judge’s previous dealings with Cross in his role as a police officer. Neither did Elliott object when Pierangeli asked the judge to order Cross to turn over his uniform, weapons and other police equipment, to have no contact with the Niles schools where he had worked as an assistant football coach and to impose a curfew.

But Elliott did object when Pierangeli asked that Cross’ $25,000 bond, which he posted Saturday, be increased to $250,000. Pierangeli asked for the higher bond based on the “serious nature’’ of the charges — 1st degree criminal sexual conduct (digital penetration), three counts of 2nd degree criminal sexual conduct (contact with genitals and a buttock) and one count of misconduct of office. The 1st degree charge is punishable by a maximum of life in prison.

Despite Elliott’s objections, Schofield agreed to the $250,000 bond but said Cross could post $100,000 should he submit to home tether. One of Cross’ supporters shouted to the media in the parking lot that they’d have the money raised by this morning.

Cross is scheduled to have a pre-exam conference on Thursday. His preliminary exam is set for April 12.

Suspended by the department without pay, Cross stands accused of assaulting the teenager in a bathroom at the LEC’s holding facility on March 17. The teen had been picked up on a charge of possession of marijuana.

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