San Mateo County to PAY...$1,900,000.00 [Archive] - San Mateo Daily Journal

Michael Stogner

06-27-2007, 09:09 PM

CALIFORNIA
Ex-Deputy Charged With Sex In Jail

Male guard in women's unit could get 6 1/2 years

Julie N. Lynem, Chronicle Staff Writer

Friday, March 26, 1999

©1999 San Francisco Chronicle

The San Mateo County district attorney's office charged a former sheriff's deputy yesterday with having sex with an inmate and bringing alcohol into the women's jail, after a monthlong investigation.

Willard Kelley, 56, had a sexual encounter with the 32-year-old woman on the morning of February 4 at the Women's Correctional Center in Redwood City, authorities said. A 28-year veteran, Kelley resigned in lieu of termination last month after allegations of misconduct surfaced.

The district attorney's office charged Kelley, who was on duty at the time of the encounter, with two felony counts and one misdemeanor.

The felony charges allege Kelley brought alcohol into the jail and allowed an inmate to perform oral sex on him. The misdemeanor alleges that he engaged in consensual sex with an inmate.

If convicted, he could be sentenced to prison for as long as 6 1/2 years.

``We're certain that this is an isolated incident,'' said Undersheriff Greg Munks. ``This is an extremely unusual occurrence. We haven't had something like this in 10 years.''

Kelley's attorney, Joshua Bentley, said yesterday that he will reserve his comments for the courtroom. He did say that he and Kelley were working out the terms of Kelley's surrender to authorities.

The woman, who was in custody on theft and credit card fraud charges, had also attempted an escape on January 7. She has been moved to jail in Alameda County the request of her attorney, who did not return calls yesterday.

Sheriff's detectives found out about the February 4 incident after the woman scaled a 12-foot fence and escaped from the center, Munks said.

The same day, the woman was apprehended in San Mateo. During a meeting with investigators, the inmate said Kelley had sexually assaulted her in her cell on February 4. She also said Kelley had taken her outside to one of the center's enclosed recreation areas for a cigarette shortly before 4 a.m. on February 14.

``There are conflicting accounts,'' Munks said. ``He claims she came on to him. She claims that he initiated it and came to her door.''

No inmates or other deputies said they knew anything about the February 4 incident, which took place during Kelley's 6 p.m. to 6 a.m. shift.

Munks said the sexual encounter happened behind the cell door and would not have been easily seen by other inmates. At the time, two other deputies were on duty but were working in different parts of the facility.

However, during interviews with Kelley and the woman, investigators concluded that a sexual incident had indeed taken place. From the beginning, Munks said, sheriff's detectives were suspicious about the circumstances of the woman's escape.

``There were some red flags,'' he said.

There also was a cup filled with bourbon that investigators found inside the woman's cell, which led authorities to believe that Kelley had been there that morning, Munks said. Although Kelley took and passed a polygraph test, he later admitted having sex with the woman and throwing a bottle of alcohol away.

Sheriff's officials said yesterday that they were disappointed that a deputy had broken the law and violated department procedures. But Munks said most officers obey the rules. At the Women's Correctional Center, 20 deputies -- half of them male -- guard female inmates, Munks said.

One female deputy is always is on duty in case an inmate needs to be strip-searched, he said.

Karen Shain, administrative director of Legal Services for Prisoners With Children, said such an arrangement is not nearly sufficient. Although sexual relations between guards and inmates is not something that happens every day, having large numbers of male guards around females in custody can spell trouble.