After whistleblower alleged DOC covered up rapes, Oklahoma House committee hearing begins

Accusations of a cover-up emerged during a hearing at the state Capitol on Monday as former employees with the Oklahoma Department of Corrections raised alarms about how the agency was handling complaints of prison guards having sex with inmates.

The Oklahoma House's Committee for Criminal Justice and Corrections explored numerous claims from Whitney Louis, a psychologist with 17 years of multi-state experience for correctional facilities. She argued Oklahoma's prison system was not properly investigating rape allegations involving guards at Eddie Warrior Correctional Center, a women's prison in Taft.

Several other witnesses were called in an attempt to provide further evidence of similar complaints during the hearing, which grew increasingly heated as corrections officials either disputed several of the claims or declined to speak about certain allegations due to ongoing lawsuits. But Rep. Justin Humphrey, the committee's chair, said the evidence presented during the hearing was too steep to ignore.

"I do have a basis for what I'm saying, I'm not just making these things up, and it's not just the doctor saying it," Humphrey told the corrections officials.

"I've got inmates coming out and saying it, I've got former employees coming out and saying it, (and) I have employees who say they're scared to come forward saying it, so it's multiple, multiple people. It's not one," Humphrey said. "And that's the point: Where should we take responsibility and say, 'OK, I'm going to listen to this and I'm going to look into it and, again, to have it where we get down to the bottom of it?'"

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Whistleblower alleges retaliation for reporting sexual harassment, rape of inmates

Louis sought whistleblower status when she complained that the Corrections Department did not properly investigate rape allegations, but she was eventually fired.

She told the committee Monday she was sexually assaulted by a lieutenant in 2022 at Eddie Warrior Correctional Center and claimed the prison’s warden once arrived at work drunk. She also accused the department of trying to intimidate her when they looked into her claims.

“I have to tell them I stood up for something I believe in, and this is what happened,” Louis said about her response to her children when they asked why she isn’t going to work anymore. “I’m in this situation because I told the truth.”

“Basically, you have been failed by the entire system,” Humphrey told Louis.

Louis' attorney, Matthew Frisby, said "there was no reasonable basis" for Louis' termination, and that a court had found the department "had not followed the proper steps" in the case of her termination.

"I was actually told that she would never work for DOC again," Frisby said. "But they didn't follow the rules. The facts, the basis for her termination, it was just not there."

"The only thing that I can point to her for her termination is that she was a squeaky wheel, and she reported things that DOC didn't want to be reported, because the facts aren't there," Frisby also told Humphrey. "She's not a bad employee, she doesn't have a horrible history, so I think, yes, that bottom line, her activities of reporting rapes that weren't being reported ... I think that ultimately cost her job."

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Department of Corrections disputes allegations, says employees are disgruntled

Department Director Steven Harpe told the committee he could not divulge information openly regarding several of the allegations because of the ongoing nature of the litigation, but also said the agency is actively working to deal with various issues. A previous statement from the Corrections Department had called Humphrey's comments earlier this month "hyperbole" and described Louis as "disgruntled."

"There's nothing in it for us not to get to the bottom of these things," Harpe said. "I just want to make sure that, as we're going forward, if there's new information that's actually evidence instead of hearsay (...) it should be looked into, 100%."

Harpe also said he would prefer the Oklahoma attorney general's office investigate the allegations further, allowing for an independent review to chart out a path for the department to follow.

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Attorney general's office claims previous administration did not investigate, but also claims whistleblower cannot be primary witness

Jim Harmon, chief of the attorney general's criminal division, told the committee Louis' complaint was submitted during the previous administration, under John O'Connor. When asked if the previous administration investigated Louis' complaint, Harmon said no action had been taken.

"I know they reviewed it, (but) I don't think they took any action," Harmon said. "I know there was some, from what I've been told, indecision about what could be done" statutorily.

After Gentner Drummond assumed office, Harmon said the AG began trying to determine if the allegations had been investigated. However, Harmon told the committee the AG's office did not conduct an independent investigation into specifics of the complaint, but rather attempted to confirm if the Corrections Department had investigated the complaint and did not speak to individual witnesses.

Louis said she never spoke with the AG's office, which Harmon confirmed. He claimed that she could not count as the primary witness "because she was getting this information from second- or third-hand."

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When questioned further, Harmon said it would likely be up to legislators to shape public policy that could better address issues with the prison system and its culture.

"You can fix competency, to an extent, if you’re not doing everything you should be, because maybe you don’t know how to do it correctly," Harmon said. "I don’t know if you can fix corruption. If you don’t want to do it, they’re not going to do it, and if that’s the system that we have, then yes, I would totally be in support of (changes). But I need to put a big asterisk on it that I have not seen anything that would indicate that to me at this point."

Committee argues evidence is substantial to warrant further investigation, potential legislative solutions

Monday evening, the Corrections Department provided a statement to The Oklahoman, commending the work of Drummond's office and reiterating intentions to continue collaborating as partners.

"We are comfortable with the Attorney General’s review and assessment of our investigative process and results surrounding (Prison Rape Elimination Act) claims," the statement read. "Any new information involving PREA allegations can be sent to our Inspector General or the AG’s office. ODOC believes in the justice system and respects the Courts, which is the appropriate forum for review of personnel matters."

To Humphrey and other House committee members, many of whom have past career experience in law enforcement, the claims and complaints heard Monday constituted a call for reforms.

"We have a whistleblower process that is obviously broken," Humphrey said, adding that he hopes to introduce updated legislation on clarifying and strengthening protections for whistleblowers from retaliation.

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Rep. Danny Williams repeatedly asked witnesses for their perspectives on what could be done to better improve conditions at state prisons for both employees and inmates, often bringing up better pay and more disciplinary oversight.

Williams also mentioned that inmates at Mabel Bassett Correctional Center, another women's prison in McLoud, are among the people in the district he represents. A 2012 Bureau of Justice Statistics report found that the rate of sexual violence at Mabel Bassett was the highest in the nation for female institutions.

"I'm very passionate about quality of life for the inmates," Williams told the hearing's attendees. "I want us to come up with some things that make it better in Oklahoma for our people, and I want to thank you for bringing it to light."

Contributing: The Oklahoman's Ben Felder

This article originally appeared on Oklahoman: OK House committee hearing begins on rape allegations at state prisons