Women's rights activists speak out against biological males allowed in California women's prisons
Women's rights activists spoke to Fox News Digital after a transgender inmate in California, a biological male, was charged with rape and transferred out of a women's prison back to a men's facility.
A former correctional officer at a federal women’s prison in California faces additional charges connected to allegations from inmates who say they were subjected to his rampant sexual abuse while they were incarcerated, starting as far back as 2016.
Darrell Wayne Smith, who worked at the Federal Correctional Institution in Dublin, was arrested on May 11, 2023, in Florida on a 12-count indictment. At the time, he was accused of sexually abusing three women in their prison cells and in the prison’s laundry room between 2019 and 2021, prosecutors said.
The U.S. Department of Justice said in a press release Friday that a federal grand jury issued a superseding indictment that now charges Smith with 15 counts of sexual abuse, including civil rights violations against five female victims in his custody and control at the prison.
"As alleged, Officer Darrell Smith engaged in appalling criminal acts when he sexually abused those in his care and custody," Deputy Attorney General Lisa Monaco said in a statement. "This superseding indictment is the latest product of the Department’s ongoing work to seek justice for victims of sexual assault at FCI Dublin. We remain steadfast in our commitment to root out sexual assault within the BOP and hold to account those who so egregiously violate their duty."
FORMER CALIFORNIA PRISON OFFICER CHARGED WITH SEXUALLY ABUSING 3 FEMALE INMATES
The Federal Correctional Institution is shown in Dublin, Calif.
The initial indictment against 55-year-old Smith, who now lives in Florida, charged him with 12 counts that allegedly occurred between May 2019 and May 2021. Smith engaged in separate sexual conduct with each of the three female inmate victims, the DOJ said.
The superseding indictment issued last week identifies two additional victims and three additional charges, bringing the number of charges to 15 – two for each of the victims, plus one civil rights violation arising from aggravated sexual abuse Smith is alleged to have engaged in against one of the victims.
The DOJ said Smith’s alleged sexual conduct began as early as August 2016.
FEDERAL PRISON WORKER IN CA PLEADS GUILTY TO SEXUALLY ABUSING INMATES
Darrell Wayne Smith worked at the Federal Correctional Institution in Dublin, Calif. (Anda Chu/MediaNews Group/The Mercury News via Getty Images)
"Federal prison guards must treat prisoners humanely," U.S. Attorney Ismail Ramsey for the Northern District of California said. "Victimizing inmates sexually and denying them basic civil rights must end."
Smith is now charged with six counts of sexual abuse of a ward, seven counts of abusive sexual contact, one count of aggravated sexual abuse, and one count of deprivation of rights under color of law.
His arraignment has not yet been set for the superseding indictment, though he is currently set to begin trial on March 17, 2025, in the Northern District of California.
If convicted, Smith faces a maximum penalty of life in prison for each count of aggravated sexual abuse and deprivation of rights under color of law.
Smith could face life in prison on each count of aggravated sexual assault. (iStock)
He also faces a statutory maximum penalty of 15 years in prison for each count of sexual abuse of a ward and a maximum penalty of two years in prison for each count of abusive sexual contact.
Smith is at least the sixth employee at the Dublin prison charged with abusing inmates. An Associated Press investigation last year revealed a culture of abuse and cover-up that had persisted for years at the prison, about 20 miles east of Oakland. That reporting led to increased scrutiny from Congress and pledges from the Federal Bureau of Prisons that it would fix problems and change the culture at the prison.
The prison’s former warden, Ray Garcia, was convicted in December 2022 of molesting inmates and forcing them to pose naked in their cells. He was sentenced to serve six years in prison.
Since the AP's investigation, the Justice Department has moved more aggressively in recent months to prosecute federal prison employees who are accused of sexually abusing inmates. Deputy Attorney General Monaco and Bureau of Prisons Director Colette Peters visited the Dublin prison in March 2023 and met with advocates working to improve conditions there.
James Theodore Highhouse, a former prison chaplain at Dublin who pleaded guilty to abusing an inmate in his chapel office and lying to authorities, was sentenced in August to seven years in prison. He is appealing the punishment, arguing it exceeded federal guidelines.
Enrique Chavez, a food service foreman, pleaded guilty and was sentenced to 20 months in prison. Ross Klinger, a recycling technician, has pleaded guilty but has not been sentenced. John Russell Bellhouse, a prison safety administrator, is scheduled to stand trial soon.
The Associated Press contributed to this report.
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