Arkansas prison-sex victim suing ex-chaplain

Other officials also named in case

Kenneth Dewitt (center), a former women’s prison chaplain, stands in court in Ash Flat with his attorney, Jeff Rosenzweig (left) and Chief Deputy Prosecuting Attorney Rob Ratton in this July 5, 2016 photo. Dewitt agreed to a plea deal in the assault of three female inmates and will serve five years in prison.
Kenneth Dewitt (center), a former women’s prison chaplain, stands in court in Ash Flat with his attorney, Jeff Rosenzweig (left) and Chief Deputy Prosecuting Attorney Rob Ratton in this July 5, 2016 photo. Dewitt agreed to a plea deal in the assault of three female inmates and will serve five years in prison.

One of three women whom former prison chaplain Kenneth Dewitt admitted sexually assaulting at the women's prison in Newport is suing him and other prison officials for monetary damages.

Meanwhile, a Springfield, Mo., attorney who filed the lawsuit Monday in federal court in Batesville said he has talked with several more women who were inmates at the McPherson Unit while Dewitt worked there, and said he "wouldn't be surprised" if some of them join the suit or file separate complaints.

Attorney Joseph LaCome filed the lawsuit on behalf of Leticia Villarreal, a former inmate now living in Mexico after being deported after her release from the prison.

LaCome said Villarreal, 43, has applied for a U Visa in hopes of returning to the United States, where she has two adult sons and a teenage daughter. A U Visa is a nonimmigrant visa set aside for victims of crime who have suffered substantial mental or physical abuse and have helped law enforcement officers in prosecuting criminal activity.

According to the lawsuit, which was assigned to U.S. District Judge Kristine Baker, Villarreal was sexually assaulted 72 times -- every Monday for 18 months -- by the chaplain, who called her his "Mexican whore" and threatened she would "never go home from prison if she ever told anyone."

The lawsuit says Villarreal "fell into a deep depression because of the sexual assaults, and frequently considered suicide."

It said she loathed Monday mornings, when Dewitt required her to report to his office at 6 a.m. for "special training" consisting of a lecture followed by rape, and "the only thing that kept [her] from killing herself was the thought of seeing her children again."

Villarreal is seeking monetary compensation for pain, suffering, mental anguish, severe emotional and physical distress, fear for her safety, humiliation, and violation of her civil rights. She alleges that Dewitt's pattern of illegal activity, aided by the actions, inactions, policies and practices of others at the Department of Correction, demonstrates a "persistent and widespread practice of illegal, unconstitutional conduct."

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The U.S. Department of Justice announced in June 2015 that it was investigating the McPherson unit after receiving "numerous allegations" of sexual abuse and sexual harassment, as well as mistreatment of transgender women. Wendy Kelley, the Correction Department's director, has said Justice Department attorneys have told her Dewitt's case isn't what sparked the investigation.

Even though the lawsuit doesn't name the Department of Correction as a defendant, it does name Dewitt, former Director Ray Hobbs and several other prison employees.

Solomon Graves, a spokesman for the department, said Tuesday, "We do not comment on any pending litigation."

LaCome confirmed Monday that Villarreal is one of three women who were the focus of Dewitt's guilty plea in July to three counts of third-degree sexual assault, a Class C felony, for which he was sentenced by a Sharp County circuit judge to 10 years in prison, with five years suspended, on each count, with the sentences to be served concurrently.

Although victims of sexual assault are not usually named in news reports, LaCome said Villarreal doesn't mind her name being publicly known.

The prosecutor in Dewitt's case, Henry Boyce, said earlier this year that he had extensive discussions with the three female inmates who were the focus of the charges, and that each agreed to the plea bargain approved by Judge Harold Erwin.

But in the lawsuit, Villarreal said, "This was a lie." She said that while the prosecutor sought her signature on a consent form, she refused to sign it because she "felt the sentence was too light."

According to the complaint, Villarreal was serving a 40-year sentence imposed in 2005 for a controlled substance violation when, in 2007, she was admitted into a prison program called Principles and Applications for Life. Founded by Dewitt in 1998, the program included worship services, religious materials and counseling services for inmates.

The lawsuit said Villarreal's troubles with Dewitt began after she agreed to help him start a new program for Hispanic women in the Newport unit. It said he later began requiring her to report to his office at 6 a.m. every Monday, where he assaulted her while blocking the door to ensure no one could see, despite a floor-to-ceiling window in his office.

Dewitt often warned Villarreal that if she told anyone, no one would believe her and she would be locked down in segregation and would never leave prison, the suit states.

Villarreal and the other two female inmates came forward only after Dewitt was forced to resign in fall 2015 after Stacey Smith, an assistant chaplain under Dewitt who was also a former inmate, told prison officials that she'd had a sexual relationship with Dewitt, prompting an internal and then an Arkansas State Police investigation.

Aside from Dewitt, Hobbs and Smith, the other defendants in the lawsuit are Sgt. Phillip Allen; Maj. Linda Dixon; Warden Nurzuhal Foust; Kristina Gates, Tonya Gates, Alva Don Yancy and 20 people identified only as John Does. All the named defendants are sued in their individual capacities, except that the warden and Hobbs are also sued in their official capacities.

Metro on 11/30/2016

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