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 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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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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Two Male Richmond Virginia Deputies Fired After Investigation Into Sexual Activity With Female Inmates

September 27, 2011

RICHMOND, VIRGINIA – Two Richmond deputies accused of having sexual contact with female inmates have been fired.

Sheriff C.T. Woody Jr. tells media outlets that he fired the male officers on Sept. 20 following an internal investigation. The results of the investigation have been given to the Richmond Commonwealth’s Attorney’s Office.

Woody says the allegations involved two female inmates at the city jail. The inmates have been transferred to other facilities.

He didn’t identify the deputies.

Prosecutors say the office plans to seek indictments against the men.

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