Wadoc Report Staff Sexual Misconduct Collins 2004
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STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS WARNING THIS FILE IS THE PROPERTY OF THE WASHINGTON CORRECTIONS CENTER FOR WOMEN INTELLIGENCE & INVESTIGATIONS OFFICE CONTENTS MA Y BE DISCLOSED ONL Y TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS. CONTENTS MA Y NOT BE DISCLOSED TO THE PARTY(S) CONCERNED NOR TO COUNSEL, WITHOUT SPECIFIC AUTHORIZATION OF THE SUPERINTENDENT. CASE TOPIC: STAFF MISCONDUCT RE:CO COLLINS CASE #: 02-006-04-FOl DATE OPENED: 2/2/04 DATE CLOSED: 2/10/04 sign and date at time of review or receipt • IN OFFICE REVIEW CASE OUT REVIEW 295 CONFIDENTIAL Washington State Correction Center for Women Intelligence & Investigations Case File . 02-006-04-FO1 CONFIDENTIAL 296 Washington Corrections Center for Women Intelligence & Investigations Investigative Case #02-006-04-FOl February 10,2004 TO: Belinda D. Stewart Superiutendent, WCCW FROM: Steveu B. Baxter Investigator, WCCW SUBJECT: POSSIBLE STAFF MISCONDUCT RE: CO ROBERT COLLINS SYNOPSIS: Ou 2/2/04 rumors came to tbe attention of the WCCW 1&1 office that Correctional was involved. in a relationship with Inmate (1M) ~oused in the WCCW Medium Security Unit (MSU). A preliminary fact finding mvestigation was initiated concerning the rumors. In the initial days of the fact finding investigation it came to light that numerous MSU staff had been talking to CO Collins about their concerns with his contact with WCCW Superintendent Belinda D. Stewart was notified of the initial findings on 2/4/04 and 1&1 was authorized to continue investigation of the allegations. ~obertCollins lIM1 I INVESTIGATIVE INTERVIEWS: Correctional Officer Joe Luckett - was interviewed and wrote a written statement (see attachment I) that several weeks ago, date uncertain in the MI Kitchen. 11M he had talked to U M · _ t o l d CO Luckett that CO Collins who works in MSU was spending a lot of personal time with 11M _ UM_didn't want CO Luckett to talk with the officer yet, but a week later U M " approached CO Luckett again and stated that the problem was still going on, CO Luckett went to Clover who talked to CO Collins, UM_approached CO Luckett about a week after CO Clover had talked to CO Collins and reported that the problem was still going on, co- Correctional Officer Karla Clover - was interviewed on 2/3104 and also submitted a written report (see attachment 2) that stated CO Luckett had brought to her attention that CO Collins was getting a little too friendly with I I M - ' CO Clover stated that she had been told that 11M "as afraid of retaliation from s~aid of saying anything, CO Clover stated that she talked to CO Collins about this situation and that he has been speaking to Sgt. Smith 'about it. Correctional Sgt. Richard Smith - was interviewed on 2/2/04 and also submitted a written memo (see attachment 3). Sgt. Smith stated that on 27 Ian 04 he had a lengthy conversation with CO Collins about the continuing conversations with I I M _ Sgt. Smith told him that he had observed him in numerous conversations with this particular inmate, Sgt. Smith stated that he had not ordered him to stay away from this inmate but that if he was seeing this "stuff happening" other staff and inmates are also seeing it. On 2/3/04 Sgt. Smith stated that after talking with 1&1 he had addressed the issue with CUS Turk and it was decided that CO Collins would be given a directive that all conversations with this inmate would be of a professional nature, Sgt. Smith also stated that he had informed CO Collins that this could result in his being moved to a different location. Sgt Smith felt that CO Collins seemed to get the point that this was a serious matter. 297 Page 2 Case #02-006-04-F01 REF: Staff Misconduct RE: CO Collins 02/10/04 MSU CDS Robert Turk - supplied a written statement (see attachment 4) on 2/9/04 with the following information: On Monday, 2/2/04 at approx 1530 CIO Collins came into CDS Turk's office. Mr. Turk asked him how things were going and he stated, "Trying to stay out of trouble". CUS Turk had already had CDS Turk a conversation with CO Collins reiarding some rumors possibly being spread by asked if it was in reference to 11M and he stated, "So you've heard". CDS Turk explained to him that he had heard rumors and at this point that is all they are and if nothing is found to substantiate, the individual will be dealt with. CIO Collins asked who had been spreading rumors about him and l/M _ talking too much. CDS Turk did not specify whom and said that it is being looked into. CO .because IIM""'as usually the topic of their conversations. He Collins guessed that it was IIII' is about hislher said that often complained aboutllliPursuing her and how insecure too often. He stated manhood. CDS Turk asked CIO Collins ifhe felt that he talked to lIM that he supposes he does talk to her more often than any of the other liM's. CDS Turk asked CIO Collins if his and IIM conversations were on a professional level. He stated yes, for the most part and sometimes she talks about her two girls and other family. CIO Collins added that she is not a troublemaker and seems like a decent person, CDS Turk explained perception to CIO Collins and that if your conversations were limited to professional business, that you wouldn't need all this time to discuss those and therefore you may give ,the impression of sharing things on a personal level. CDS Turk directed CIO to Collins to keep doing the great job in the unit and to limit his conversations with professional conversation. CO Collins nodded OK and returned to the pod. o lIM" lIM_ CO Shannon Hoover - supplied a written statement on 2/4/04 (see attachment 5), which related the iifoill.lo~Wliiniigil:In the past C/O Collins has stated that he hasn't done anything wrong and he just talks to ~ nothing else. From my observations he has spent a lot of time talking to and he has been approached by myself and other CIO's about the fact that he spends too much time with her. AJ; this situation has progressed and Collins and have been talked to about the amount of time to which I stated no. He said he they talk, on one occasion Collins asked me if! had seen wanted to talk to her to make sure she was ok. a )had stepped aside into the hallway between the Sgt's Approximately a week ago Collins anc door and the staff bathroom to talk, Collins said he wanted to let her know that nobody was in trouble, They were in the hallway (visible to staff and irnnates entering and exiting the unit) for approximately IS minutes when I knocked on the window and gestured for Collins to go back in the pod. It was brought to his attention that that was a bad move on his part to talk in the hallway. He agreed. 1 OAS Amy 'Shanks- was interviewed and supplied a written statement on 2/5104 (see attachment 6), During the interview OAS Shanks stated that for weeks that she and CO Collins had sorted incoming 11M mail. While sorting mail CO Collins would talk about 11M b on a frequent basis, saying things like she doesn't fit the inmate profile, she's different from the other inmates etc. Ms. Shanks was also asked when he asked 11M if she by CO Collins to be in a meeting with him and l/MI was afraid of him. S . CO Leslie Pine - supplied a written statement (see attachment 7), which related the following; for the past . .having many private conversations. At first CO month she had noticed CO Collins and 11M was having Pine stated that she did not think anything of it because CO Collins stated that lIM' personal issues and needed someone to talk to. However, CO Pinestated that as time went on the conversations were becoming more often and seemed to last longer. .CO Pine decided to talk to CO Collins about her observations, these included that she felt that l I M " - w a s developing feelings for him and told him to be careful about the amount of time he spent talking with her. CO Pine stated that after the conversation those things did not change and that the two were still spending large amounts of time in conversation. ~O Pine states that she continued to tell CO Collins her observations on what was happening 298 Page 3 Case #02-006-04-FOI REF: Starr Misconduct RE: CO Collins 02/10/04 And that irunates are watching them and are going to assume that something is going on. CO Collins told her he wasn't worried because he is not doing anything wrong. CO Pines continued to talk to CO Collins but with negative results. CO Pine then stated the CO Collins came to her one day and said that inmates CO Pine asked if he was surprised because she were making up stories about him and liMa had told him that would happen. CO Pine also wanted to add that she thought he was a good officer. land Inmate was interviewed concerning the allegations he had made to CO pd' Luckett and gave the following responses: 11M_stated that she was a friend ofI/M_ had hoped it could become more after spending time in church and the unit with her. l/~stated that );pent with Officer Collins and the image it conveyed she became concerned with the time 11M to the other inmates. I~stated that it had come to the point that other inmates would not approach CO Collins ifhe were talking to 11M_afraid to interrupt their talk. IIM_tated that he had never seen them in any physicallinappropriate situation. n S Inmate_. was interviewed and questioned about her relationship With "stated that she had been friends With liMp but when CO Collins and Inmate" IIMlJ she began to pursue her in a romantic manner she began to talk to CO Collins to ask his advise on what to do. These conversations also ran to other personal matters like her crime, her children etc. IIM • • • • • also stated that she would ask CO Collins what he did on his weekends and they would talk stated that there had never been any physical contact between her and Collins about that ' Iresponded as and would take a polygraph ifrequested. When questioned on two rumors 11M below: • When asked why she was overheard saying "We are going to cool it until I get out, there is no responded that she was just talking with a friend sense in him loosing his job." and was saying that she needed to talk less to CO Collins because of all the rumors. • When asked about the reason they were comparing hand sizes at the podium, II:M• • • • •~ said they were talking about her ordering a guitar and if she should order a small or regular neck for it was asked if they had ever talked about his private life, like was he married, did he have a stated that she thought he lived alone with his mother. At the end of the stated yes when asked if she had developed closeness with CO Collins due to liM? 3 a I!MJ Correctional Officer Robert Collins - Officer Collins was interviewed on 2/2/04 and again on 2/5/04 acboutdthe abllesgatioMnslanld) ~thocrsoOfchilslrelahtio~hiP ~ith 11M f h ~. Dudridng thbe fidIrS~ intervlliew atten ed y gt. 1 er WI 0 InS t e interview was more 0 w at nee e to e one to a eviate the rumors and to ascertain where they were coming from. CO Collins was questioned as to why he felt the rumors were surfacing and if there was any validity to them. CO CoIlins stated that he felt the rumors were coming from IIM"'who had a crush on Sgt. Miller stated that he had talked with 11M ~ho told him that he did indeed have a crusb on liMa !Land tbought it might have developed sexually if it had not been for CO Collins. During this conversation CO Collins made several statements that prompted further investigation into the allegations these were: • Something to the effect of - She's not your normal inmateiShe's different from the other inmates • I've looked her crime up on the internet • I've checked her in the on-site log, she doesn't get in trouble 2 lIMa ....• 299 • I've checked her in the on-site log, shedoesn't get in trouble Page 4 Case #02-006-04-FOI REF: Staff Misconduct RE: CO Collins 02/10/04 At the end of this interview both Sgt. Miller and I told CO Collins to restrict his contact with lIM , 3 to official matters to help stem the flow of rumors. On 2/5/04 an inmate approached me on the MSU walkway and asked when we were going to put a stop to the goings on between CO Collins and 11M? when asked when she had seen them talk she replied Wednesday in the Officers office. Later that day CO Collins came to the 1&1 office and asked what was new with the investigation. at which , after we had spoke last. CO Collins stated that he time he was asked ifhe had spoke to 11M' had talked to 11M' in the atrium between the pods for about 5 to 10 minutes on Wednesday. When asked why he had spoken to her CO Collins stated he wanted to make sure she knew she wasn't in trouble. When asked if he didn't remember the suggestion to keep all contact on an official basis CO Collins stated that he guessed it wasn't a good idea to talk to her that night. CO Hoover confirmed this conversation between CO Collins and lIM Further questions were asked about the comparing of hands at the podium in the unit at which time CO that it had to do with buying a guitar. CO Collins denies Collins gave the same reason as lIM any physical contact. CO Collins stated that he felt he was helping the inmate who was in trouble and didn't feel he had done anything wrong. When asked if he had given any persoual information to the inmate CO Collins stated that he would talk about what he did on the weekends etc. 11M Collins submitted a written statement (see attachment 8) in which he states that the reason he spoke to 11M fter being told to keep conversations strictly business, was that he felt it was his responsibility to pass that directive in to her at the first opportunity. CO Collins denies anything is between him and Inmate • • • • • and feels that the conversations he had with the inmate were all part of being a good officer. I b d CONCLUSIONS: In the course of this investigation the following information has been developed: • At least 7 individuals to include co-workers, Sergeants, CDS and Investigator attempted to discuss the apparent relationship with lIM 7 • After being told to limit conversations with IIM to strictly business matters CO Collins continued the conversations • CO Collins did discuss personal information with 11M' to include outside activities, . home and past jobs. • CO Collins looked into 11M? I"istory to include looking her crime up on the lnternet and looking into her disciplinary files in the unit. • CO Collins stated to several individuals that 11M. • was different from other inmates. • 11M has stated that she developed a closeness with CO Collins due to their I I ill conversations. 7 Attachments 1. 2. 3. 4. 5. 6. 7. 8. Written statement from CO Luckett Written statement from CO Clover Written statement from Sgt. Smith 'Written statement from CDS Turk Written statement from CO Hoover Written statement from OAS Shanks Written statement from CO Pine Written statement from CO Collins 300 Wllshlnglon Stlll& DEPARTMENT OF CORRECTIONS Feb. 1G, 2004 To: Steve Baxter From: K. Clover M attention by c/o Luckett that C/O Collins was getting a little to friendly with inmate this was brought to his attention by inmate nmate was afraid of retaliation from staff so she did not want to say anything. Inmate J1as brought this to C/o Luckett's attention more than once. I spoke to C/O Collins about this situation and he stated that he has been speaking to Sgt. Smith about this. Attachment ('J-) 301 Baxter, Steven B. From: Sent: To: Cc: Subject: Smith, Richard E Thursday, February 05,20043:19 PM Baxter, Steven B. Turk, Robert J. Jr. CIO R Collins On Jan. 27, 04 I had a lengthy conversation with CIO Collins about the continuing conversations with 11M _ . I toid him that I had observed him in numerous conversations with this particular inmate. I did not order him to stay away just that if I see this stuff happening, other staff and inmates are also see this occur. That was his Friday and he had annual leave on Friday and Saturday. When I returned on Tues. 2-3-04 I had the conversation with you. I also addressed the situation with CUS Turk. It was decided that I would give him a directive that all conversations with this inmate would be professional in nature. I also told him that We had discussed moving him to a different location. He seemed to get the point that this was a serious matter and could affect his job. That was his Friday and I have not had a conversation with him since. If you require any further info just let me know. Attachment ( 3 ) 1 302 Baxter, Steven B. From: Sent: To: SUbject: Turk, Robert J. Jr. Monday, February 09,200411 :10 AM Baxter, Steven B. FW: CIO Collins Got your message??? Here is what I sent you this am. ·_---Original Message----From: Turk, Robert J. Jr. Sent: Monday, February 09,20047:28 AM To: Baxter, Steven 8. Subject: Cia Collins Per your request, I am providing the following information regarding my conversation with CIO Collins. On Monday, 2/2/04 at approx 1530 CIO Collins came into my office. I asked him how things were going and he stated ''Trying to stay out of I asked if trouble". I had already had a conversation with you regarding some rumors possibiy being spread by 11M .and he stated, "so you've heard". I explained to him that I have heard rumors and at it was in reference to I/M[ this point that is all they are and if nothing Is found to substantiate, the individual will be dealt with. CIO Collins asked who talking too much. I did not specify who and said that it is being had been spreading rumors about him and 11M' looked into. He guessed lhat it Was 11M . . . . because I / M _ was usually the topic of their conversations. He said thatm often complained about_pu~ng her and how insecurd 21 about hislher manhood. I asked CIO Collins if he fealt that he talked to 11M _ t o o often. He stated that he supposes he does talk to her more often than any of the other 11M's. I asked CIO Collins if their conversations were on a proffessionallevel. He stated yes, for the most part and sometimes she talks about her two girls and other family. CIO Collins added that she is not a troubie maker and seems like a decent person. I explained perception to CIO Collins and that if your conversations were limited to professional business, that you wouldn't need all this time to discuss those and therefore you may give the impression of sharing things on a personal level. I directed CIO Collins to keep doing the great job in the unit and to limit your to professional conversation. He nodded OK and returned to the pod. conversations with 11M & Attachment ( L\ ) 1 303 Baxter, Steven B. From: Sent: To: Subject: Hoover, Shannon M. Wednesday, February 04, 2004 7:25 PM Baxter, Steven B. Statement On 02/03/04 I noticed C/O Collins and I / M " ' - talking in the foyer between A and B pod for approximately 10+ minutes. I do not know what the conversa~ut. . In the past C/O Collins has stated that he hasn't done anything wrong and he just talks to , nothing else. From my observations he has spent a lot of time talking tal m.and he has been approached by myself and other C/O's bhave about the fact that he spends too much time with her. As this situation has progressed and Collins been talked to about the amount of time they talk, on one occasion Collins asked me If I had seen which I stated no. He said he wanted to talk to her to make sure she was ok. ind,' Jto had stepped aside into the hallway between the Sgt's door and the Approximately a week ago Collins and. staff bathroom to talk. Collins said he wanted to let her know that nobody was in trouble. They were in the hallway (visible to staff and inmates entering and exiting the unit) for approximately 15 minutes when I knocked on the window and gestured for Collins to go back in the pod. It was brought to his attention that that was a bad move on his part to talk in the hallway. He agreed. C/O Hoover Attachment (S ) 1 304 February 5, 2004 I was asked by Officer Collins to be a witness for a conversation with Inmate regarding what was said about her being scared of Officer Collins and that that is why she talks to him all the time. She denied being scared of Officer Collins. Officer Collins sometimes helps me with the mail in the unit and during our conversations he has mentioned Inmate , , - a n d how she does not fit the inmate profile. Amy Shanks Office Assistant Senior Attachment (lJ ) 305 To Mr. Baxter I am writing you about C/O Collins and 11M ]per your request. For about the last month I have noticed Collins and _ having many private conversations. At first I did not think anything of it because Collins said-tha~ was havingpersonal issues and neededsomeoneto talkto. However, as time went on the conversations were becoming more often and seemed to last longer. I decided that I better talk to Officer Collins about my observations. I first told him that it Seems to me that • was developing some kind of feelings for him. I told bim to be very careful about the amount of time he spends talking to her. Things did not change much and I noticed that they were still spending a lot of time in private conversation. I kepttelling him the same thing over and over. I told him that inmates are watching them and they are going to assume there is something going on. Collins said he wasn't worried about it because he is not doing anything wrong. I said it doesn't matter because these inmates love to make up stories. It seemed to me no matter what I said nothing changed. Collins had told me other Inmates were starting to make up stories about bim and I said to Collins, "Are you surprised. I told you that would happen." This is what the many conversations entailed. It seemed like we werehaving the same conversation over and over. I do want to say that Officer Collins is a very good officer. I do not feel that he would ever do anything inappropriate to jeopardize bis career or family. ill C/O Pine Medium Security Unit Attachment ( ~ 306 February 9th, 2004 Attachment ( e ) Mr. Baxter, Friday afternoon when we spoke, you stated that if] had anything I wanted to say, I could write a letter on my own behalf and it would be included in your report to the Superintendent. Thank you for giving me this opportunity. The whole time the rumors and false accusations have been going on I've told rnyselfthat if I'm not doing anything wrong, then there's nothing to get in trouble for. I still believe this. Officers are being taught that Corrections is changing from the old 'knuckle dragger' mentality of yelling, barking orders, and sometimes roughing up inmates, to a more educated approach, utilizing communication skills, building a repoire with offenders and being a positive roll model; someone that they can trust. I have an easy going and approachable personality and I find that this works to my favor. Yes this does potentially open me up to manipulation, but I feel that if this were to happen, I would recognize it. With my personality I don't have many problems in my unit because I'm consistent with how I treat offenders. I have often been complimented on how good of an officer I am and how good of a job I'm doing. I've been told that it's my personality that has made me successful and the reason I fit in so well with the crew and the unit. I have also been told that not all officers do things the same way. Everyone finds a style that works well for him or her. I don't mistreat people, I treat them with respect. I am finn but not mean; I don't scream and yell; I don't bark orders unless the situation requires it. Therefore, I believe that I'm a fair officer who the offenders seem to respect and come too regularly. . . It seems that now, I have come under some scrutiny for talking to one particular offender,--, and that our conversations were not all strictly business. She initiated some ~ some. None of the non-business conversations were inappropriate. There are a lot of officers who have people that they talk to and have a repoire with, and they don't always talk about just business. I have worked hard to build and maintain a very professional relationship with all of the offenders I have supervised. I don't Want them to be afraid to talk to me, so I do my best to make myself available to them if they need to talk. I know that because of this, there are a number of women in MSU that feel comfortable enough to talk to me about anything, (nothing inappropriate, or about me personally though - I don't allow that). Because these women are not afraid, I gain some very useful information, at times, about what is going on in the Unit, or with particular offenders. If an officer is told he/she can't speak to offenders in a casual non-business manner, then a very useful tool is taken away and it's very difficult to develop a repoire with the offenders. When I was directed to keep all future conversations, with Ms. ..... . . ' to strictly business. Rather than wait, I felt it was my responsibility to pass that directive on to her at the first opportunity. Toward the end of my shift, I asked another unit officer to send Ms. _ to me. I then passed on to her the directive given to me. There are offenders in the unit that don't like the fact that Ms. _ talks to me, False accusations are being spread about me that are untrue and very offensive to me. My superiors and co-workers don't believe any of them. All conversations between any offender and myself, has been out in plain view of everyone and an appropriate distance has always been maintained, I have done nothing wrong or inappropriate. I do understand the concerns regarding these situations and where they could potentially lead, (and where they have led for others). However, I am not 'the others' and have no intentions of allowing this kind of thing to happen. 307 There are inmates in the unit that have romantic interests in Ms. _ and some who have interests in me - and this is all known. I have done nothing to encourage any of this, but when I would hear a false accusation or rumor, I tried to address it by letting unit staff, my Sergeant and CUS know, and making sure that everything was brought out into the open. This is why I asked for Mr. Baxter to be present during a conversation I had with Sgt. Miller. J know that offender was placed in segregation to try and send the message that spreading false accusations will not be tolerated. I also have been told that there is now discussion about removing me from MSU, or even terminating me since I'm still probationary. At this point, I must ask, how will doing either look to the offenders, and what message will this send to them? It seems to me that it would only reinforce the idea that they are able to manipulate any situation to their own gain and that inappropriate or false accusations will be tolerated. I love going to work every day and working in MSU. 1 enjoy working for Sgt. Smith and have learned a great deal from him. I also benefit from and enjoy my co-workers because we have a very family like working relationship. I understand that this situation must be looked into, but I hope that when the truth is revealed, you will see that I've done nothing wrong and that I will be left in MSU where I am valued and belong. Respectfully, ~~ Robert Collins 308