A former prison chaplain -- who founded a religious program more than 16 years ago for female inmates in the state prison system -- was charged Thursday with 50 counts of sexual assault involving three inmates at the McPherson Unit in Newport.
Kenneth Dewitt, 67, of Patterson faces up to 10 years in prison on each Class C felony. He is expected to have his first court appearance Monday in Jackson County District Court, said Henry Boyce, prosecuting attorney for Arkansas' 3rd Judicial Circuit.
Dewitt's attorney Jeff Rosenzweig said Dewitt will plead innocent.
Rosenzweig said he and his client agreed several months ago that Dewitt would voluntarily surrender if charges were filed.
"We are arranging the time for his surrender. It will be in the next few days," Rosenzweig said, adding that he has previous obligations that would not allow him to be present if Dewitt surrendered Thursday or today.
"The prosecutor understands that, and we have been in regular touch," he said.
A phone number for Dewitt could not be found as of late Thursday.
Prison spokesman Cathy Frye said in an email that staff members at the prison in Newport, "along with the rest of the agency, remain appalled by Dewitt's alleged assault on these inmates. We found these women to be credible, and sincerely regret the trauma they have suffered."
The state charges against Dewitt come about the same time as a federal investigation into broader sexual-abuse allegations at the McPherson Unit.
The U.S. Department of Justice is investigating "numerous allegations" of sexual abuse and sexual harassment, as well as mistreatment of transgender women at the unit. A three-member team from the federal agency spent four days at the prison this summer interviewing inmates and staff members.
Dewitt's charges are not connected with the Justice Department investigation, Boyce said.
The Justice Department did not respond to a request Thursday for an update on its investigation.
The charges against Dewitt came after a year-long investigation by the state Department of Correction's internal affairs office and the Arkansas State Police. The allegations range from January 2013 to September 2014.
Dewitt, who began working for the prison system in 2001, was "offered the opportunity to resign" in September of 2014 after former McPherson Unit inmate Stacey Smith wrote a letter to the Correction Department's assistant director, John Mark Wheeler, saying that "Chaplain Dewitt and I had a moral failure."
Dewitt did decide to resign.
The relationship with Smith began in 2010, six years after she was paroled in 2004, according to documents obtained under the Arkansas Freedom of Information Act. Smith continued to work with Dewitt -- first as a volunteer, then as a chaplain -- spending 40 hours a week working with inmates in the Principles and Applications for Life (PAL) program.
Dewitt's relationship with Smith was a violation of the department's Administrative Directive 12-33, which prohibits managers from having sexual relationships with subordinates, according to documents.
Smith no longer works in the prison system, Frye said.
After Dewitt's resignation, three female inmates stepped forward with their own sexual-assault allegations against Dewitt. By law, prisoners cannot "consent" to have sexual relations.
"We immediately reported the allegations to the Arkansas State Police last December when they were brought to our attention," Frye said in an email. "We appreciate the State Police and the prosecutor for moving forward with the investigation and charges. Our staff has cooperated fully with both the State Police and the Prosecutor's Office.
"It is a crime and against ADC policy to have any sexual contact with an inmate, and the Arkansas Department of Correction has zero tolerance for such acts."
In 1998, Dewitt founded the faith-based Principles and Applications for Life program at the McPherson Unit. The program seeks to provide moral and spiritual foundations to help inmates succeed in the outside world.
As a leader in the program and as a chaplain, Dewitt could recommend inmates to the Classification Committee for admittance into the program, Frye said. The Classification Committee periodically reviews inmates to assess their progress and, if needed, adjust their programs and job assignments.
The Parole Board looks favorably on inmates who complete the program, Frye said.
She added that completion of the "PAL program results in good time that could positively affect an inmate's parole-eligibility date."
In 2011, a 35-year-old inmate told authorities Dewitt informed her that he was going to "train her" as a mentor for the Principles and Applications for Life program, according to affidavits.
Her training days were to be Mondays at 6 a.m., the inmate told investigators.
She said she was happy to be involved in the program and was looking forward to the training sessions.
On her first day, Dewitt asked her how she felt about him. The inmate answered that she felt nothing but admiration for him.
Dewitt then told her that she "wanted to touch" him and "wanted to be with" him, according to the affidavits.
The inmate told investigators that she "felt intimidated and shocked" and "did not know what to do." Dewitt stepped from behind his desk and began touching her, the affidavits say. From that point on, the inmate said, she and Dewitt had sexual contact -- including intercourse and oral sex.
In 2013, after having a hysterectomy, the inmate told Dewitt that she did not want to "do this anymore," the affidavits say. Dewitt told her "she didn't have a choice," and if she refused, she would get a disciplinary citation and he would make sure that she "would not ever go home," affidavits say.
The inmate told investigators that she went back to her room, "cried and cried" and considered suicide.
A second inmate, a 40-year-old woman, said that in 2010 when she worked as a clerk for the Principles and Applications for Life program, Dewitt asked her "how she was dealing with her sexual desires." The inmate said Dewitt told her to move her chair close to his desk, and then he took her hand and put it on his leg, the affidavits say.
When she complied, she said, he told her "that's not bad for the first time."
On another day, the inmate said, Dewitt called her to his office and put his hand down her shirt, then had her perform oral sex on him, affidavits say.
The inmate told authorities that Dewitt ordered her not to tell anyone and stressed that "no one would believe her" over him anyway.
The inmate said Dewitt's advances grew to include intercourse and continued on a weekly basis for more than 3½ years.
Dewitt had a schedule, the inmate said, of sex with one female prisoner on Sunday, another on Monday, and then another on Wednesday.
Another inmate, who also worked as a clerk in the program, told investigators that Dewitt first made a sexual advance toward her in 2010 or 2011 when he tried to kiss her. The inmate reported that Dewitt began calling her to his office at 6 a.m. on Sundays to engage in sexual activity.
Dewitt would have her sit in a chair and perform oral sex on him while he stood at the door watching for anyone approaching down the hall, the inmate said. The sexual contact continued until Dewitt's resignation in September last year, the inmate said.
Frye said Thursday that the Correction Department has "addressed the circumstances that contributed to Chaplain DeWitt's ability to conceal his alleged actions."
"We also retrained all staff and inmates to ensure they are familiar with PREA [Prison Rape Elimination Act] standards and guidelines, as well as how to spot signs of possible sexual abuse," Frye said in an email, adding that new training has been conducted to help the staff more effectively and appropriately deal with female prisoners.
A Section on 12/18/2015