Alleged prison rape investigated

Five Montana State Prison employees have been suspended with pay pending an investigation into an inmates allegations of rape.

The employees are not facing criminal charges, but could face sanctions from the Department of Corrections if an administrative investigation reveals they violated prison policy, according to Bob Anez, Montana Department of Corrections communications director.

One of the corrections officers named in the inmates complaint is no longer employed at the prison, Anez said. He could not comment on whether the officer was terminated or left voluntarily.

The inmate, Michael Allen Murphy, alleges two female corrections officers and a female mental-health worker had sex with him on numerous occasions. Under state and federal law, an inmate cannot consent to sexual activity.

Murphy, formerly of Kalispell, said his liaisons with the mental-health worker began in September 2007. He maintains she had sex with him more than 30 times, sometimes asking him to sneak into her office.

I felt like I was used, Murphy wrote in a letter to the Daily Inter Lake.

Murphy also claimed that on several occasions he had sex or sexual contact with two corrections officers, one of whom provided him with a contraband cell phone to call her.

I felt trapped, Murphy wrote. Im an inmate. I have no control over anything. I did not want to get into trouble. I was scared.

Women corrections officers have regular contact with male inmates in the course of their duties, Anez said.

And should the administrative investigation conclude that the suspended employees violated prison policy, they could face anything from a written reprimand to termination.

Anez estimated the prisons investigation could be wrapped up in as little as two weeks.

It is standard procedure for the Department of Corrections to place employees on paid leave when allegations of sexual misconduct surface, Anez said.

But these kinds of allegations are rare, said Anez, who couldnt recall the last time similar accusations had been made.

The Powell County Attorneys Office has determined there is insufficient evidence to support criminal charges against the corrections officers.

I determined that criminal prosecution is not appropriate at this time with the information thats been provided to us, Powell County Attorney Lewis Smith said. There isnt sufficient basis to bring a criminal prosecution… and be able to gain a conviction at this time.

Smith, who based his decision on information contained in incident reports written by prison officials, said he would reconsider filing charges if additional evidence came to light.

Our obligation is to do justice, for the good of the public, he said.

Murphy, 35, was sentenced in June 2006 to 25 years in prison following convictions in Flathead County District Court for forgery, theft and two counts of criminal endangerment.

He most recently was arrested after leading law-enforcement officers on a pair of high-speed chases in February 2006. The pursuits, which occurred on consecutive days and reached speeds of more than 100 mph, occurred in the Kalispell and Foys Lake areas.

Murphy has an extensive criminal record, including prior convictions in Gallatin County for felony theft and in Lincoln County for burglary, felony theft and bail jumping.

Montana State Prison sits on 68 acres of land outside Deer Lodge. It was designed to hold 1,300 male offenders and employs about 600 people, 318 of whom are uniformed staff.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com