Custer County Sheriff Mike Burgess of Oklahoma was indicted on 35 counts, including 14 counts of 2nd degree rape, 5 counts of bribery by a public official and 7 counts of forcible oral sex for allegedly coercing and bribing inmates to participate in sex games.
Burgess, the top officer in the county of 26,000 since 1994, appeared in court Wednesday was released after posting $50,000 bail.
"We are stunned," Undersheriff Kenneth Tidwell said Thursday.
Attorney Steve Huddleston said that he has not had a chance to review all the allegations against his client, but that "Mr. Burgess is anxious to go to court and clear his name."
Among other things, Burgess is accused of having sex with a female drug court participant who was in his custody. The crimes are to have occurred between October 2005 and April 2007.
A dozen former inmates filed a federal lawsuit last October alleging that they were offered cigarettes for flashing their breasts and employees and forced to engage in wet T-shirt contests.
One prisoner alleged she became a jail trusty with more freedom after agreeing to perform a sex act on Burgess, but lost that status when she later refused.
Burgess also faces two counts each of sexual battery, rape by instrumentation and subornation of perjury, and one count each of engaging in a pattern of criminal offenses, indecent exposure and kidnapping.
He could be sentenced to 467 years in prison if convicted on all counts, special prosecutor James Boring said, though a lesser sentence would be more likely.
No other officials have been charged or implicated at this time. [It seems like there are others besides the Sheriff who participated. He couldn't have done all of this by himself. Someone had to distribute the cigarettes].
(Update 8-16-08) Jennifer Tyler, a former deputy sheriff now an officer in Washington State, testified in the preliminary hearing Tuesday that Burgess put his hand down her pants, feeling her buttocks and waistline when she was fitting her uniform for the job on her first day.
"It's degrading to have someone who just hired you to stick his hands down your pants," Tyler said.
The defense atorney, Tim Henderson, asked why Tyler did not just punch him out or report him to officials and not just her husband, and she said "I needed a job."
On another occasion, she alleged that Burgess grabbed her butt outside a OKC restraunt while another deputy watched, and placed his left hand on her thigh under the table while inside it.
Henderson asked why Tyler did not protest, and she said, "I needed the insurance. I needed the job. I had a baby to feed."
Tyler also claimed she had an unwanted encounter with Burgess in a hallway outside District Judge Charles L. Goodwin's courtroom. On that occasion, she claimed Burgess grabbed her buttocks from behind and attempted to pull her against his body. A struggle ensued while Burgess "laughed."
"Finally," Tyler said, "I broke through the door where a group of attorneys had congregated."
Henderson then implied that Tyler should have punched Burgess out, and that Tyler was willing to compromise her morals for a job. (If Tyler had done so, she could be charged with battery on a police officer, or even shot, while the officer claimed self-defense. Losing her job would be the least of her worries).
"So you were willing to compromise your morals for a $24,000-a-year-job?" Henderson barked.
"I guess so," Tyler said sheepishly. "I did."
(Update 1-19-09) Burgess was convicted of 13 felony counts for using his position to coerce drug court defendants and inmates into sex. A Major County jury convicted Burgess on 13 counts, including 5 counts of 2nd degree rape. The jury recommended that Burgess serve a 94 year sentence. Formal sentencing will be March 24. The jury also acquitted Burgess of 23 other counts.
Burgess was [also] convicted of three counts of bribery by a public official; two counts of forcible sodomy; and one count each of kidnapping, sexual battery and engaging in a pattern of criminal offenses.
Under Oklahoma law, inmate/guard sex is deemed non consensual, and others who "control the conditions" of an inmates confinement also can't legally consent to sex with inmates. Because Burgess administered a drug court in Custer County, prosecutors alleged that he controlled the condiitons of confinement.
Victims testified that they feared that they would be sent to prison if they did not provide sexual favors to Burgess, with one victim having sex with him over a 14 month period.
Defense lawyer Steve Huddleston contended that drug court defendants were controlled by a judge, not Burgess, and said the women were hoping a verdict against Burgess in criminal court would translate to a payday for them in a civil case.
Prosecutor Jim Swartz in closing arguments, stated "If you're going to act like an animal, you're going to be caged like an animal." After the verdict, prosecutor Mike Boring stated that "I think this is an extremely important decision. This kind of action cannot be tolerated in our society."
Steve Huddleston, Burgess' defense attorney, said his client will appeal.
(Update 3-25-09) Burgess was sentenced to 79 years in prison and a $15,000 fine by Associate District Judge N. Vince Barefoot yesterday. Jurors recommended 94 years in prison and a $15,000 fine.
Victim Brenda Brown said, "I’m relieved he’s being put away for a long time. I know I feel safer. I also feel compassion for his family. But I also know I didn’t put them in this position. Mike Burgess did.”
Brown's mother, Sue McDougall, wrote letters to Judge Barefoot explaining that Burgess need to be made an example of.
"I basically said we needed to make him (Burgess) an example for those in law enforcement who want to use their positions and power against those who are vulnerable. Brenda was trying to start her life over again when he forced her to do all those things. He should be punished.”
Joy Lee Mason, another victim, held hands with Brown, stating "We were just clenching each other’s hands. I have a very hard time looking at him. It’s just too hard. There’s no telling how far he set me back in my recovery. Right now, I’m pretty much back to square one.”
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