Guard impregnated inmate, gave her pot, report says
Carol Sowers
The Arizona Republic
May 08, 2002 06:00:00

A state prison guard who allegedly sexually assaulted a woman inmate six times also impregnated her, then gave her marijuana "in appreciation" for the sex, according to a report obtained by The Arizona Republic.

The 17-page investigation, obtained under the state public-records act, details Derrick Allan's alleged sexual encounters with 25-year-old inmate Kimberly Thomas between November 2000 and October 2001 at the Perryville prison in the far West Valley. The report also says he warned other inmates not to tell prison officials about his relationship with Thomas.

The investigation, conducted between Oct. 25, 2001, and Jan. 15, 2002, also reveals that Department of Corrections officials did not respond immediately when they learned of the assaults, a hallmark of the sexual scandals that flared in Arizona prisons in 1992 and 1993.

Thomas, convicted of attempted armed robbery, and burglary, also told an investigator that after she told Allen last September that she was pregnant, he ordered her not to report the pregnancy to medical staff and instead brought her two "morning after pills" to abort the fetus.

The prison gynecologist who examined her later said if she had seen him about four weeks earlier, he could have confirmed whether there were, in fact, an abortion. Still, he said her gynecological complications and a "massive urinary" infection could be explained by an abortion and by sexual contact.

Allen, 31, was indicted last month by a state grand jury on eight counts of sexual assault and two of introducing contraband into a prison. If convicted, he could face between five and 14 years on each of the sex assault counts and six months to 2.5 years for smuggling pot into the prison.

Allen could not be reached for comment.

Michael Arra, spokesman for the Department of Corrections, said Allen's dismissal is effective May 16.

Donna Hamm, of Middle Ground Prison Reform, said she is "shocked" by the reported assault of the inmate, fearing it could be a sign that the state prison system does not adequately protect women prisoners.

Prison officials investigated 38 sex abuse allegations in 1991/1992, grabbing the attention of the U.S. Department of Justice. The Justice department sued the state prison system in March 1997, alleging that prison authorities were aware of sexual assaults and harassment of women inmates by guards but did nothing about the problem. It dropped the suit in 1999 after the Corrections Department unveiled a wide array of procedures to protect women.

Hamm, who said she provided much of the investigative material in the earlier cases, sent a letter Wednesday to the Department of Justice, asking for a new probe, in part because she believes that there may be other cases of inmates preying on women inmates.

In the letter, Hamm says at least one other officer is being investigated for sexual assault of two women inmates at the Perryville prison. Arra would not confirm details, but acknowledged that other investigations are under way.

In the Allen case, Hamm is particularly angered by prison officials' refusal to return calls from Thomas' aunt, who was aware of her niece's pregnancy last summer, according to the report.

"This is precisely what was going on before," Hamm said, adding that women prisoners are at the mercy of their guards and are afraid to turn them in.

"This goes beyond exploitation," she said. "It is oppression."

According to investigators, Thomas did not report the assaults "for fear or retribution."

But she told an aunt in a letter that she was pregnant. The aunt made several attempts to contact Perryville prison officials about her niece, but the report repeatedly says, "There was no follow up."

Arra said he could not account for the lack of response. But he said while the prison system is no longer bound by the terms of the 1999 settlement agreement, safeguards are still in place.

Ellen Kirschbaum, acting female programs administrator, said the justice department was alleging "deliberate indifference" in the earlier cases.

"The whole system needed an overhaul (then)," she said. "This is about an employee allegedly breaking the rules."

The report unveils the details of Allen's alleged rule-breaking. At times, the report says, he used his key to enter Thomas' room when her roommate was away, or ordered her to disrobe so he could peer at her through a cell-door window.

In one instance another guard apparently knew of the liaison, because after Allen left Thomas' cell, the guard asked her whether "the old boy was any good," the report says.

Allen also sweetened their encounters with gifts of "Cool Water" cologne and taped music. Twice he gave her marijuana "in appreciation" of her sexual favors, according to the report.

Their last sexual contact was in mid-October in a prison kitchen, where Allen asked her if she had taken the morning-after pills. He then had sex with her on the floor, the report said. He also asked her if she would have sex with a kitchen worker. She refused.

Allen denied the allegations when he was interviewed by an investigator, saying that his only interaction with inmates was "Telling them about Jesus Christ."

He agreed to take a polygraph test slated for January, but then refused to take the test. Thomas passed a polygraph test, records show.

Allen is scheduled for his first court appearance June 3.