Washington Corrections Center for Women
Intelligence & Investigations
Investigative Case

#02-0009-05-FO1

,
February 3, 2005
TO:

Belinda .D. Stewart
Snperintendent, WCCW

FROM:

Steven B. Baxter

Investigator, WCCW
SmJECT:

POSSIBLE STAFF MISCONDUCT RE: CO JULIANA HARVELL

SYNOPSIS: On i/25/05 at 1930 hrs.Inmat

was meeting with CC2 Sonja Alley
about programming issues at the conclusion of the conversation CC2 Alley asked if there was anything
going on in the unit and
tated "yes" and made a gesture towards B-Pod where CO Harvell
was working. 11M
ISC ose at this point that CO Harvell had discussed several inappropriate
stated that CO Harvell had disclosed the
personal issues wi
er. Upon further discussion11M _
following information (see lR dated 1/25/05 attachme~er in conversations since December 2004:
•
•
•
•
•
•
•
•
•

Revealed detailed information regarding her sexual relationship with her husband
Stated that her husband had hit her several times
Hermarriage wasjust about sex
She is going through a divorce
Would talk about how cute CO Frank BOIja is
She has been out with CO Borja for dinner and dancing and had gone back to her new apartment
and had sex
Revealed that she is Bi-sexual but prefers men
That CO Borja leaves dove chocolate for her
CO Harvell told her that Sgt. Smith had addressed the relationship with CO Borja and told them to
watch their actions

Inmate_stated that she doesn't know why CO Harvell has said these things but that it made her
uncomfortable.

780

Page 2
Case #02-009-05-FOl
REF: Staff Misconduct RE: CO Harvell
02/03/04

Investigative Interviews:
. was interviewed on 31 Jan 2005 in H-Bldg WCCW. l/M
state
at e conversations began the last weeks of November 2004 and continued up till the
stated that CO Harvell had
en of January. Like her previous statement made to CC2 Alley 11M _
been very open about her personnel life. 11M _
related that ~I was very candid about her
feelings towards CO Frank B~theY.h~ancing, and that he had come \0 her new house in the
local area and had sex. lIM_ _stated that CO Harvell was upset a lot not knowing what to do about
her husband and CO Borja. CO Harvell made the statement that CO BOIja is better than her husband, more
romantic, with tears in her eyes and then related that she just wished that CO Borja would call her more he
just shows up at m.ace.I IM_tated that she told CO Harvell that she needed to get some
counseling. l/M
elt ~d been between 5 and 6 conversations lasting about J0 to 15
minutes each. W en questioned about what CO Harvell had told her about her conversation with Sgt. Smith
11M " r e l a t e d that CO Harvell had come out after the meeting and said that Sgt. Smith stated there
were rumors that she and CO Borja were an item and that he doesn't care what goes on outside but don't let
it effect what goes on while working, to keep it professional.
Inmate
was interviewed by phone
after her release on
1/27/05.
stated that she had been in the dayroom talking to CO Harvell and noticed that she
would get real y upset if she mentioned CO Borja and at one point on 1/25/05 had CO Harvell tell her "he's
mine, don't touch him," Inma~remembered telling CO Harvell that she should go for it if she
likes him that much. Later that evenmg during count CO Harvell came to her room and told her "I've
already had him and it was good," ~also stated that CO Harvell had mentioned other
information in passing such as:
.
•
•
•

She's left her husband
She has a Condo in the local area
If you watch me and CO Borja our legs are always touching if we sit close

Correctional Officer Frank Borja: Was interviewed in the 1&1 office on 1128/05 and stated that all
allegations of a relationship between him and CO Harvell were false. CO Borja related thathe has left
chocolate for CO Harvell but that all the officers share food in the unit. CO Borja said that he has been out
with a group from the institution that included CO Harvell but had never been on a "date" with her. When'
questioned ifhe had ever been to her apartment CO Borja stated no, he had driven by it with her and
another officer au the way to • bar and CO Harvell had pointed it out but had never been inside. CO Borja
stated that he had not mentioned the conversation that Sgt. Smith had with him and CO Harvell to anyone.
CO Borja had no further information he felt was relevant to the investigation.
Correctional Officer Juliana Harvell: was interviewed on 1131/05 in the WCCW 1&1 office with Union
representative CO K ePeterson
l i i l present. During this interview CO Harvell denied allegation made by
Inmates_n
CO Harvell denied ever talking about her private life with any inmate at
any time~ell state
at sbe is going through a divorce and has moved to a new horne in Gig
Harbor. CO Harvell does admit to going out with CO Borja and others in a group but never on a "date" and
he has never been to her horne and that he doesn't know where she lives, When asked if they had ever even
driven by it CO Harvell stated no. CO H a . eavl la negative answer to all allegations listed in the
CO Harvell stated that she had not talked to anyone
synopsis of this report as reported by 11M
about the conversation that Sgt. Smith ha with her and CO Borja. CO Harvell had no idea why an inmate
would make these allegations or have information about her private life,

781

Page 3
Case #02-009-05-FOl
REF: Staff Miscondncl RE: CO Harvell
02/03/04

Correctional Sergeant Richard Smith: was interviewed on 1/27105 abouthis conversation with CO Borja
and CO Harvell. Sgt. Smithstated that he had told them as best he could rememberthat there were rumors
that they were having a relationship and that he didn't care what they did on the outside but they should be
keeping it professional in the workplace. Sgt. Smith stated that he had not discussedthis matter with
anyone else.

Supplemental Information:
On 211/05 Inmate_elated to CC2 Alley (see IR Dated 211/05 attachment 2) that she had contact
twice that day wi~ell in the scope of her duties as a maintenance worker. II
related
t earl in the day CO Harvell had walked by and had said "Hi girls" to her and 11M
Later that day while waiting e n i !Z-Bldg.
! 0 CO Harvell came out the door 100 e at he
an sal
y?" in a threatening manner. 11M
tated that she made no return comment but felt
very uncomfortable with the contact. Other peop e present were I1~ and her crew boss Joe
Herwick.

M

I n m a t e . . - - Was interviewed on 2/2/05 but stated that she had seen CO Harvell
at Z-bld~ything to I n m a t e "
Crew Supervisor Joe Herwick: WaI; interviewed on~ andiltatede written statement attachment
3) that as he was enteringZ-bldg with his two inmate_and
when CO Harvell passed in
front of him and
ing Inma~ Words were exchaiig etweenthe two and Mr. Herwick
obse
frown and~~ Co Harvell walked away and Mr. Herwick asked
11M
w at had happened. Inmate_frowned again and said something like "Why?"
"What the hell was that all about?"
Polygraph Results: A Polygraph WaI; administered to lnmate..-,n 1/3/05 in H-Bldg. WCCW.
The questions asked to 11M ~ere:
I. Did CO Harvell tell you she had sex with CO BOIja?
2. Did CO Harvell tell you she was Bi-Sexual?
The results of the Polygraphshowed that 11M Anderson was not attempting deception when she answered
yes to both questions.
Concluding Synopsis: Both inmate's information when interviewed agreed with their origiona! statements,
neither inmate has a grievance or obvious grudge with CO Harvell, nor did CO Harvell name these or any
other inmates as ones she thought might make statements against her. CO Harvell had no idea why any
inmate!ll!0Uld
m ke allegationslike these about her not how they would have information about her.
Inmate
agreed to a Polygraph and then passed the examination without any indications of
deception.
egations have been made that CO Harvell a roa ed 11M _ a n d asked her "why" in
a manner that the inmatet hht.w
u threatening. 11M
s Superv~Herwick saw CO
as
Harvell talking to Inmate
ut could not hear
at was said. But could see that JIM
upset by the conversation. rna analysis shows that inmates =-vatelpersona! informW;'
CO Harvell and that CO Harvell approached the inmate ( 1 1 M _ that claimed CO Harvell shared
persona! •
ormati
. with. CO Harvell while working in the property shouldhave had no official business
with 11M
n that day thus any reason for.conversation. No sourcecan be found for I / M _
having information on the meeting between Sgt. Smith and Officers Borja and Harvell except for ~
statement that CO Harvell told her.

782

Page 4
Case #02-009-0S-FOl
REF: Staff Misconduct RE: CO Harvell
02/03/04

3 Attachmeuts
1. IR dated 1/26/05
2. IR dated02/02/05
3. Written Statement by Joe Herwick

783

"10'0..,.,

ll:f£\

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

INCIDENT REPORT

...
--

o Confidential

DOC NUMBER

DATEITIME OF INCiDENT

02/01/05
LOCATION

Z-Buildingl Reception,Seg,TEC

LIVING UNIT

USE OF FORCE INCIDENT? 0 YES ~ NO
Who was involved, what took place, how did it happen, description of any injuries, damage, use of force, etc. Attach
additional sheet, if necessary.

DETAILS:

Offender

arne to my office during open door on the evening of 02101/05 al approx 1830 hours. Offender
stated that she had contact with CO Harvel twice that day during the scope of her duties as a maintenace
wor er as she is on a crew responsible for maintance duties on the MI campu~ stated that early the
morning of 02101/05 Officer Harvell had walked by both herself and Offender-..rwho is also on the crew)
and stated "Hi girls". Offender states she did not respond however later that day al aprrox 1400h ours she was waiting
entry to Z- Building at the door to enter as CO HArvell was at the other side of the door coming out and when the door
H rvell walkedout and looked at Offende-'and stated 'Why?" in a threatening manner.
was openJild
Offender
tates ~I respond to that com~ however staled that she felt vel'l uncomfortable
with the con act. Offender~stated that the only other witnesses to this event where Offender j
1.d the
maintanence supervisor who where involved in a conversation and Offender"'does not believe that they heard
the comment beccause they would have asked her about it because of the manner in which CO Harvell had stated
.
'Why?ll.

IMMEDiATE ACTION TAKEN:

02/02/05

CC2

DATE

TIlLE

.
DATEITIME RECEIVED

INCIDENT NUMBER

INVESTIGATION ASSIGNED TO

BY

DATE

The contents of this document may be elIgible for pUblIc dIsclosure. SOCIal Security Numbers are considered confidential mformatlon and will be
redacted In the event of such a request. This form is governed by Executive Order OOw03, RCW 42.17, and RCW 40.14.

AITACHMENT (2.J Page.Lof1..
Distribution:
WHITE
DOC 21-917 (09/10/04)

~

Chief Investigator

CANARY - ExecutiveTeam Member

PINK - Originator

GOLDENROD -Immediate Supervisor

784

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785

GSIt
"OLVGItAl'U SEilVICES
William D. Tufts
th

1409 18 Ave CT. SW

Puyallup, WA

98~7'J

l'OLVGItA"JI F..xAMINATION IlEI"OUT
TO:

Investigator Steve Baxter
Department of Corrections
Washington Corrections Center for Women
9601 Bujac:ich Road NW
Gig Harbor, WA 9B335

SUbject:
DOB:

_1964

Requested by:

Examination Date:

2/03/05

Offense:

Statement Verification

Investigator Steve Baxter

Purpose of Examination: To verity or refute the subject's allegation that Officer Harvell told her
about her sexual relationships.

Prior to the polygraph examination, the subjeC\ was advised of her Polygraph Rights and waived
these rights by signing the attached form.

CONCLUSIONS

A polygraph examination was administrator to the subject on the above issues.
Based on the physiological responses produced by the subject on three (3) polygraph
charts, in the opinion of this examiner, she was not attempting deception when she
answered "yes" to the following relevant questions:

1. Did Officer Harvell tell you she had sex with Officer Borja?
2. Did Officer Harvell tell you she was bi-sexual?

February 3, 2005
Examiner: William D. Tuns

Date 01 Report

786

POLYGRAPH EXAMINATION STATEMENT OF CONSENT

2-3-os-

-=

Plnce_"-_ _

_

Examination

, understand a polygraph examination

,c-J CC- ~
is being conducted concemin.34kJl1.<--t.1;rled(~r 0:P':'J. I also understand thai I

odministered by GSR polygraph services for the?

cannot be required to submit to a polygraph examination without my consent. Additionally.
thai if the answers during the exarninaiion show deception, I may be asked

10

explain,

I hold GSR polygraph services and William Tufts harmless and free from any
liability for any acts or omission by any other parties or agencies and release and hold
harmless any persons or agencies from any and all claims or liabilities alleged to result from Or
arise out of this examination.

Understanding ihat l have the unqualified rightto refuse,
do hereby. this dale. voluntarily and without duress, coercion, unlawful inducement. or
promise of reward, agree to submit to a polygraph examination. I further understand that the
information obtained during thisprocess will not be released to me.

Witness

W5?----s

ignaturet----"'''---'

Date

c- 3-05
----:-

_

•

787

Kelly, Kelly M.

Subject:

O'Dell, Jacquelyn E. (Johnnie)
Friday, May 20,200512:35 PM
Kelly, Kelly M.; Reagan, Brenda L.
Public Disclosure Request- Juliana Harvell

Importance:

High

Foliow Up Flag:
Due By:
Flag Status:

Follow up
Tuesday, May 31, 2005 5:00 PM
Flagged

From:
Sent:

To:

I have received a Public Disclosure Request from Juliana Harvell as follows:
"I, C/O J. Harvell am requesting a copy of the full investigative report done on my ECR dated/initiated on 2-9-05."
Please provide me with a copy of all documents responsive to this request no later than May 31, 2005.
Thanks, Johnnie

~v

'0

IV

v/

788