STATE OF WASHINGTON

DEPAHTMENT OF CORRECTIONS

WARNING
THIS FILE IS THE PROPERTY OF THE
WASHINGTON CORRECTIONS CENTER FOR WOMEN
INTELLIGENCE & INVESTIGATIONS OFFICE'
CONTENTS MA Y BE DISCLOSED ONL Y TO PERSONS WHOSE
OFFICIAL DUTIES REQUIRE ACCESS. CONTENTS MA Y NOT BE
DISCLOSED TO THE PARTY(S) CONCERNED NOR TO COUNSEL,
WITHOUT SPECIFIC AUTHORIZATION OF THE SUPERINTENDENT.

-eASE TOPIC:
CASE #:

Possible
--------

Staff Misconduct RE:

~---~

--~-------

CO O'Neil
--- -------

03-007-04-FOl
-------------

GATE
OPENED:
J

3/15/04

-------

DATE CLOSED:

sign and date at time at review or receipt
IN OFFICE REVIEW

CASE OUT REVIEW

COpy AUTHORIZATION

309

CONFIDENTIAL

. Washington·· State Correction
Center for Women

Intelligence & Investigations
Case File
03-007 -04-FO1
CONFIDENTIAL
310

Washington Corrections Center for Women
Intelligence & Investigations
Investigative Case
#03-0007-04-FOl

March 24, 2004
TO:

B~linda D. Stewart
Superintendent, WCCW

FROM:

Steven

B.Baxte~

Investigator, WCCW
SUBJECT:

POSSIBLE STAFF MISCONDUCT RE: CO JOHN O'NEIL

SYNOPSIS: On Wednesday March 9, 2004 WCCW 1&1 received an E-Mail (see attachment 1) from
Sgt. Baccetti CCU Sergeant stating that Correctional Officer CO John O'Neil had approached her
(see picture
and related that he was hearing that Inmate (11M)
attachment 2) was saying things about him being inapproprIate in IS)O an was going to try and
set him up to get him out of the unit. CO O'Neil wrote and turned in an Incident Report on March 9,
2004 (see attachment 3). Sgt. Ba~cetti interviewed IIM_ho stated that she felt that someone in
ter
the east pod was tryin to set her up and making up the rumors abont her and CO O'Neil.
that night
approached Sgt. Baccetti and stated that she had overheard
aking
in the
untrue statemen s a out CO O'Neil. On Thursday March 10, 2004 1&1 interviewed
at there
CCU Sgt.'s office and was told by ~at there was no truth to the allegations an
had been no inappropriate behavior b~O'Neil. Later that afternoon Investigator Baxter was
approached by CO O'Neil outside of the main campus education building and expressed concern
about the rumors. Investigator Baxter related to CO O'Neil that the allegations where being looked
to worr
into and if there were no basis for them then he had~othin
On Thursday March 11, 2 0 0 4 s c e l l m a t s e n t a kite (see
attachment 4) to WCCW 1&1
she rea yet at we should talk to her.
was
da.
and stated that she felt that there was a relationsh.iP betwe.en
. an CO
interviewed tha•
O'Neil. Inmat
.observations included whenever CO O'Neil was assigned to Ea
d he was
speDiillimost 0 IS time on welta d where 11M_lived. 11M _had seen love notes written by
IIM~nd then had seen 11M.
'pass someth~ him thoug~ could not verify that's what
also gave t e names of other inmates that could be questioned.
was passed.
On Friday 3/1~nmate .owas again interviewed and at this time admitted to the following
was true about CO O'Neil:

an~hat

11M.

•

Flirting with him in the pod

•
•

'Passing love notes to him on several occasions
Flashing her breasts to him on several occasions

~.was requested to write a written statement s;e (see attachment 5) and agreed to take a
polygraph. On 3/14/04 Sgt. Baccetti placed 1 1 M . segregation for talking abont the case with
other inmates and causing a disturbance.

311

Page 2

Case 03-007-04-FOl
RE: Staff Misconduct: John O'Neil
March 24, 2004

INVESTIGATIVE INTERVIEWS:
Stated in her written statement of 3/12/04 and received by l&l on

Inmat

3/15/04 the following allegations/information:

They had begun to make eye contact and she had written him a poem which he accepted that night
CO O'Neil had begun coming by her room every night to say goodnight
She had passed him a further 2 to 3 notes
CO O'Neil had told her he was separated and a single father
That she had flashed him on at least two occasions in her room during tier checks

o
o
o
o
o

Inmate_as administered a polygraph examination (seeattachment 6) at which time she was asked the
following questions:
1.
2.

Has Officer O'Neil ever taken any love notes directly from you?
Have you ever shown your breasts to Officer O'Neil?

Based on the physiology responses produced by the subject on three (3) polygraph charts, in the opinion of
the examiner, she was not attempting deception when she answered, "yes" to the questions above. A
second examiner independently reviewed the charts and concurred with the fIrst conclusions that she was
mit attempting deception when she answered yes to the above questions.
Inmate
was intervi:'Uain on 3/15/04 and stated that she still believed that
something was going on~CO O'Neil and tJ~but was afraid to say it to Sgt. Baccetti. Some ofthe
allegatlOns made by I1~'are the followmg:
o

•

•

IIM~laims she saw a love note written by

11M.

~then saw leplace

ano=;i~ce of paper over the note then slip the paper mto the CCU Booth's drawer. She could

not conflrm that the note was under the paper but did not see ~with the note when she
returned to the dayroom table.
Heard CO O'Neil on the room intercom talk to ~aying "Hey.ow are you doing?"
Inma~replied "good" when ~stated t = e was in the room also CO O'Neil said
"I'm jnecking that all the peopl~oved today are settled."
IIM"stated that CO O'Neil would allow ~o leave the room after lockdown to get
wa~ ice while refusing other inmates.

I1~ote a written statement for Sgt. Baccetti on 3/14/04 (see attachment 7).
Sgt. Andrea Baccettl, CCU Sergeant: wrote and turned in an incident to 1&1 dated 3/14/04(see attachment
8) In this incident report Sgt. Baccettl stated that CO O'N il had approached her on 03/04/04 saying that
inmates had been coming to him tell'
.
as out to get him because he infracted them so
.• carne forward and ave S 1. Baccetti a not=..
much. Later that night 11M
attachmeh~ehad interc p e
am 11M
0 liM
in this note 1 1 M "
asked l~o lie about what she had to
r about
.
e.
.a so said a letter (see
attachment 10) was coming back that she had mailed to IIM.hile s e was in court and to lie about
what was in it also.

312

Page 3

Case 03-007-04-FOI
RE: Staff Misconduct: John O'Neil
March 24,2004

as interviewed on 3/15/04 and denied that she had any knowledge
e note or letter was talking about.
lnmat
: wrote a statement (see attachment 11) on 3/14/04 in which she
states that s e
eard I
0 several occa.ions
st 1e that she would enjoy more that just a normal
staff/offender relationshi
O'Neil. lIM
also stated that she had intercepted a note (see
asked 11M. to 1e or er. lIM_also stated that she had heard that
attachment 9) where 1
l/M~ made a phone call to her m='r on 3/9/04 in whic~ told the truth about the situation.
l/~believes that CO O'Neil is innocent of the allegations.
Inmate
as initially interviewed on 3115104 and stated that she dido't
know an
g an 1
want to get involved. A letter (see attachment 12) was later received from her
boyfriend in RJC talking about the officer who keeps coming to see you. When confronted with the letter
th.e inmate initially lied and said it was about an officer she knew at the county jail. Later ~
came forward and stated that she had been untruthful to me before and wanted to talk. l/~WrOie a
statement (see attachment 13) of which the followin are highlights:
n a frequent basis giving
•
Talked to her and her roommate (lIM
out personnel information like he is separate ,smg e a ,an goes bowling on a regular basis.
•
On one occasion he interrupted a personal conversation between the two roommates saying he had
heard a lot more of their conversation than they thought.
I1~~elt that he came sneaking to their door on a regular basis
•
•
~~ roommate would leave the dayroom table saying I'm going up to the room to talk to

•

'lIM O'NeiPs roommate once came in from outside and stated O'Neil just asked me if was cold
de"bcause he could see my nipples poking out.
.
IIM
told her that CO O'Neil had come to her room and asked to speak to her and when she
said no en threatene~ her in segregation for smoking.
liM_told lIM~hatCO O'Neil is a good guy and she would lie for him.
Stat~O O'Neil would allow her roommate special door racks to allow her to get water, ice
or talk to him in the daymom.

outs.'

•
•
•

•
•

•
Inmat
was interviewed on 3/16/04 and related that he had approached her in
her room and as ed her to spe to m in the com.neroom, when she refused he said well you're on a
smoking contract you could go to the hole. Imnate
.said she had been s m l J !
went
ll
with
l 'him
to the conference room. Once in the room he aske er what was going on wit
and
felt that he must be scared to ask her questions like that and told him he was stupid ifhe Was mvo ve with
I/M_IIM_had seen IIM.ite notes to him but not pass them.
.

313

Page 4

Case 03-007-04-FOl
RE: Staff Misconduct: John O'Neil
March 24, 2004

11M"'"

as interviewed and stated that
a crush on CO
ut as never seen an mg between the two of them though slie has heard him talking on the
intercom to inmates and that he is a big flirt.

o 'Neal

Inmate
: was interviewed and stated that once whenM!!he
at off work CO
O'Neil had gotten on the intercom and said "heard you did well a(work today." 11M
.did state that
he h _
interru
dted a personal conversation between her and her roommate with an a the wall comment.
11M
emed remembering saying that CO O'Neil had made a comment about it being cold out
while 00 g at her nipples, but wouldn't say it didn'( happen just that she didn't remember it.
Inmate
approached 1&1 and stated that she had a written statement (see
attachment 14) In this written statement she has made the following allegations:
•
See has seen CO O'Neal flirt with ~
' .
• Has observed CO O'Neal watch ~tently inside and outside the unit
• Has seen CO O'Neallet~out ofroom to get ice and hot water when others couldn't
• Has seen CO O'Neil let l&W"at in the dayroom while not allowing others
Inmate
was interviewed ~04 and stated that she used to be
celImates WI
efore being moved to MSU. ~stated that she had observed 11M"
writing love notes to CO O'Neil on several occasions and one lime swatch her pass one of the ';ote~
by the CCU laundry room.
Inmate

•
•
•
•

1: was interviewed on 3/18/04 and made the following statements:
m IIM~pped and talked to her she told her
tated that once while she was cleaning her~o
to move on or CO O'Neil would get mad.
~he won't. CO O'Neil called up on the
intercom and said when you're done talking clear e tier.
I~ad told her she had passed m3lssa
es to CO O'Neil
HaJlre: CO 0 'Neil hanging around.
door twice
Had observed CO O'Neil watching (eyeba mg) I . i n the pod

NOTE: this inmate was placed in segregation for actions towards CO O'Neil and may be biased
in her testimony.
Inmate
Inmates

.Came to Sgt. Baccetti on 3/24/04 and stated that she had heard
g on the tier about setting CO O'Neil up.

: Wrote a statement (see attachment 15) on 3/14/04 saying that she had
heard I
ing about getting CO Magnuson in trouble and that she was having an affair with CO
O'Neil. I
tates that she views this officer as a professional and consistent the majority of the
time 11M
also stated that IIM~ld her that it infuriated her when CO O'Neil spent time with
other inmates getting them forms an~h. When interviewed ~ stated that she had never seen
CO O'Neil ever be with ~utside the pod not had she ever ~ed him be anything but
processional.

CO OrtegaiCCU Officer - wrote a statement dated 3/14/04 saying that he had never observed CO O'Neil
act inappropriate towards staff or irunates. (See attachment 16)

314

PageS

Case 03-007-04-FOl
RE: Staff Misconduct: John O'Neil
March 24, 2004
CO Gary ValdeziCCU Officer - wrote a statement dated 3/14/04 saying that he has worked with CO
O'Neil for over six months and CO O'Neil has always been professional in his work, integrity and
attendance. He went on to say that he has never observed anything unusual towards his behavior with the
inmates. (See attachment 17)

Inmate

: wrote a statement on 3/14/04 in which she states that she has
act In any way unprofessional or show any favoritism towards any inmate (see

lIM.

CO John O'Neil- was interviewed on 3/14/04 and again on 3/18/04 and denied all allegations except the
followiog:
.
•
Calling
room the night she moved and asking how she was doing. CO O'Neil states
that he does that to all inmates who have moved the day he is workinii..• Admitted to making an off the wall comment to Inmates. and _
after listening to

their conversation over the speaker.
•

•

Admits to reading a note in ~ explained it was from an inmate telling
him Jesus loves him. lnmat~onfirms that she did give him a note, but is
unable to confrrm itwas that note.
CO O'Neil in an IR written 3/14/04 admits to personal conversations with . b u t that they
were conversations dealing with why she was crying in the pod (see attachment 19).

Investigation Facts: During this investigation 11M. phones and outgoing mail were monitored. On
the following dates 3/9/04 and 3/14/04 l~ll=lls to her mother and her boyfri·end all i n . . e .
talks about CO O'Neil and her relationship. him amountin~ ~o _ _g and passing of notes.
boyfriend found out about the relationship through a letter that JlMtI'had mailed to her mother.
at no time during the phone conversation, which escaiated into a verbal argument ever, said that she had
rna be reviewed in the 1&1 office) Three outgoing
made it up and it wasn't true. (These conversa~·on
letters were intercepted on 3/21/04 in which 1
lls friends of her problems with her boyfrien~
and how he found out that she had been writing an 0 Icer in the prison. (See attachment 20)
CONCLUSION: During this investigation inmates have both supportive and have given evidence against
CO O'Neil. Evidence that can be supported by more than one witness includes:

on non work related issues

•

Talking to imnates on the intercom

•

Being biased in allowing favors to inmates i.e. letting some inmates out to get ice etc while

not allowing others
•

Possible passing of notes - several ~aw something passed but only one can without a

•

doubt say it was th.notthey saw IIl_ _write.
Insisted that inmat
talk to him in the CCU conference room about the 1.matter
to include mentioning the possibility of segregation if she didn't.

The more serious allegations of taking love notes andwatching I I M _ a s h . t s cannot be
polygraph when she
supported by any second witness, it was supported by the positive results of 1
proved truthful in her answers - did you flash CO O'Neil and did you give CO 'Neil love notes. liM
_

phone conversations and mail also supports her allegations against CO O'Neil.

315

Page 6

Case 03-007-04-FOl
RE: Staff Misconduct: John O'Neil
March 24, 2004

CO O'Neil does admit that he had made calls on the intercom on other than business reasons and reading a
note in the CCU booth then tearing it up but denies all other allegations.

20 Attachments
1.

E-Mail from Sgt. . a etti to lnv. Baxter dated 3/9/04
Picture oflnmate
3. IRDated 3/4/0lib.C. 0 O'Neil
4. Kite from 11M
dated 3~
5. Written statement from V~dated 2/12/04
6. Polygraph results dated 3/18 04
7, Written statement from 11M
dated 3/14/04
8, lR from Sgt. Baccetti date
/04
date
9. Note from VM
to 11M
. ted 3/2104
10. Letter from I
11M
11, Witness state
dated 3114/04
12. Letter to
datedun ted
13. Written statement from ~ undated
14. Written statement from ~undatedlunsigned
15, Witness statement from ~ndated
16. IR from CO Ortega dated 3~
17. IR from CO Valdez dated 3114/04
.
18. Witness statement from IIM~ted 3/14/04
19. IR written by CO O'Neil damii'4'104
20, Copies of three outgoing letters from I~

2.

316

Page 1 of]

Baxter, Sleven B.
------------------------------------------'-~---~---

From:

Baccetti, Andrea A

Sent:

Tuesday, March 09, 2004 9:25 PM

To:

Baxter, Steven B.

Cc:

Daniels, Anthony F.

Subject: Inmate Lair
I had officer O'Neil come to my officer Late last Thursday and say that he is hearing that inmate
is saying things about him that it appears that he is not being appropriate in his job. I told him to write me out a report and
give it to me on Monday. I was not here on Monday. He came to mMaain this evening and gave me an incident report
and said that he is hearing more things and that he is hearing t h a i s trying t
him up to get him out of the unit. I
turned in that report to Shift Lt. Simmons who was going to give it 01&1. Inmat.was called into my office because of
slammiler door when she was told to cell up by officer O'Neil after not taking a sea.t and qUieting down in the dayroom.
Inmate
said that she wanted to speak to me because she feels someone in East pod is trying to set her up and is
claiming at she is passing notes to O'Neil. I had not been going to not speak to her until I got with you but, she
continued that she felt she was a victim and t h a _ s hat she is n~ropriate around O'Neil. She
claimed,that O'Neil questioned her and Inmate
and inmat~about this. (O'Neil has been told to
write out a complete chronological report in reg
s to
a he has been told and what he has said.)1 told her that if
necessary she would be spoken to further, She stated she was willing to take a polygraph as she had to previously over a
another staff and went on to tell me details about that. I told her at this point in time unless directe~
.... e I . not
want to hear that she is discussing this with any other inmates_@ she was in~inmate_Came
to the doorlia
.ing she had to speak to me urgent. When inmat
left my offi~came in and stated she is
overhearin
ay stuff about Officer O'Neil that wasn't true, he also brought up the Incident wit_nd the other
staff member.
ld her also not to be discussing this with other inmates and that she may be spoken to again. I did not
want to get into investigating this if it is not my arena. ( I don't want to tread on your toes).1 did want to make you aware of
the info as I am hearing it. I have not seen or heard any of the staff in CCU say Dr act inappropriate. I wanted to make
sure this info was passed on so as it can be dealt with. Thanks B.
Sgt. A. Bcccetti
WCCW/CCU

(253) 858.4200.565

Attachment ( , )

317

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

INCIDENT REPORT
Confidential

DATE{fIME OF INCIDENT

03-04-04/ 0

'5 ~ 0 q ~ 0

LIVING UNIT

r.-(

LOCATION

WITNESSES

CCu
USE OF FORCE INCIDENT? 0 YES!8l NO
DETAILS: Who was involved, what took place, how djd it happen, description of any injuries, damage, use of force, etc. Attach
additional sheet, if necessary.

On the above date and time inmat
called me in the. booth to inform~hat another inmate had
apprroached her and told her that inmate
was tellin i
tes that inmat~was writing me letters and
exposin herself to me. ON 03-09-04 I w approac e by inmate
ho also said inmate
as going to other inmates saying these things. Inmate
a so Informed me that inmat'-'ad a
group 0 followers who had bee,n~. t with me because of my persistance in catching inmates smokingmheir .
rooms, who were planning to side witT'lllf

IMMEDIATE ACTION TAKEN:

lN~Em NUMBER

DATErrlME RECEIVED

~

INVESTIGATION ASSIGNED TO

BY

DATE

.

i~L!

- (,;)- -I([- ~
I

The contents of this document may be elrglble for public disclosure. Social Secuflty Numbers are considered confidential rnformation and wllJ be
redacted In the event of such a request. This form is governed by Executive Order 00-03, RCW 42.17, and RCW 40.14.

Distribution:
WHITE - Chief Investigator
DOC 21-917 (12/03/03)

CANARY· Executive Team Member

PINK - Originator

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STATEOFWASHINGTON
DEPARTMENT OF CORRECTIONS

INMATE'S KITE

PAPELETA DE PETICION DEL RECLUSO

DATE/FECHA

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ON 0 RESPUESTA DE

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REASON / QUESTION

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SIGNATURE / FIRMA

DAYS OFF / DIAS LIBRES

RESPONSE
RESPUESTA

RESPONDER I PERSONA QUE RESPONDE

DATE I FECHA

Oistrlbullon: WHlTElYELLOW-Responder. YELLOW-Relum 10 Offender wil" Response. PINK-Ollender keeps
Ols'rlbuci6n: BLANCA/AMARILLA.Persona que responde. AMARILLA.Dn:~I~~~~la. r s t f a I)
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321

GSn
POLYGRAPH SERVICES
William D. Tufts
th

1409 18 Ave

cr. SW

Puyallup, WA 98371

POLYGRAPH EXAMINATION REPORT
Investigator Steve Baxter
Department of Corrections
Washington Corrections Center for Women
PO Box 17
Gig Harbor, WA 98335 ,

TO:

Subject:

Examination Date:

1/12104

DOB:

Offense:

Statement Verification

Requested by:

Purpose of Examination: To verity or refute .the subject's allegation that Officer Magnuson
asked to see your "pretty Kitty", gave his booth extension number to you, and you pulled down
your pants and also showed him your breasts.

Prior to the polygraph examination, the subject was advised of her Polygraph Rights and waived
these rights by signing the attached form.
CONCLUSIONS

A polygraph examination was administrator to the subject on the above issues.
Based on the physiological responses produced by the SUbject on three (3) polygraph
charts, in the opinion of this examiner, she was not attempting deception when she
answered "yes" to the following relevant questions:
1.

While in the hole, did Officer Magnuson ask to see your "pretty Kitty"?

2. Did Officer Magnuson tell you his booth extension number?
3. While in the hole, did you "B.A." Officer Magnuson and show him your breasts?

t N\:S\

~

Ex'BiTlifler: William D. Tufts

January 12, 2004
Date of Report

Attachment ( 5 )
322

POLYGRAPH EXAMINATION STATEMENT OF CONSENT

Date / - /

2 -0

Y

Time

-------'------

'2.e.o f

Place

-------

I

.

cc

Examination 01'

_

1 _,

understand a polygraph examination

administered by GSR polygraph services· for the
is being conducted concemin g

~tZ-() 1

c. L.

S1:4.f<"'1......rV.£ltt r. t..M~ I also understand that I

cannot be required to submit to a polygraph examination without my consent. Additionally,
that if the answers during the examinatiqn show deception, I may be asked to explain.

I hold GSR polygraph services and William Tufts harmless and free from any
liability for any acts oromission by any other parties or agencies and release and hold
harmless any persons or agencies from any and all claims or liabilities alleged to result from or
arise out of this exami nation.

Understanding that I have the unqualified right to refuse,
do hereby, this date, voluntarily and without duress, coercion, unlawful inducement, or
promise of reward, agree to submit to a polygraph examination. I further understand that the
information obtained during this process will not be released to me.

Witness

v0

rs ?:s

Signatu

Date

0d
J-/2·
~
_7'L'--------

323

GSil
POLYGRAPH SERVICES
William D. TUfts

1409 18th Ave CT, SW
Puyallup, WA 9837'1

pnLYGllAPD EXAMINATION I1EPGIlT
TO:

Investigator Steve Baxter
Department of Corrections
Washington Corrections Center for Women
PO Box 17

Gig Harbor, WA 98335

SUbject:

DOB:

'-974

Requested by:

Examination Date:

3/18/04

Offense:

Statement Verification

Investigator Steve Baxter

Purpose of Examination: To verity or refute the SUbject's allegation that Officer O'Neal had
taken love notes from her, and she had exposed her breasts to him.

Prior to the polygraph examination, the subject. was advised of her Polygraph Rights and waived
these rights by signing the attached form,
CONCLUSIONS

A polygraph examination was administrator to the subject on the above issues.
Based on the physiological responses produced by the subject on three (3) polygraph
charts, in the opinion of this examiner, she was not attempting deception when she
answered "yes" to the following relevant questions:

1. Has Officer O'Neal ever taken any love notes directly from you?
2. Have you ever shown your breasts to Officer O'Neal?
NOTE: During the pre-test interview, the subject stated she had given Officer O'Neal several
love notes (1-4 a week since January 2004) and exposed her breasts to him on two different
occasions.

A second examiner, Eric Killian, has independently reviewed the charts for this examination and
concurs with the numerical evaluation and conclusions.

w~~

?

Examiner: William D. Tufts

March 18, 2004
Date of Report

Attachment ( {P I324

POLYGRAPH EXAMINATION STATEMENT OF CONSENT

'3-/ ~-oi

/° 15-

Date-..-==-------::==------t'-----0
Ti me- -./ I- - - - I

Examination

I,

======--~

__, understand a polygraph examination

administered by GSR polygraph services' for the
is being conducted

lJ.-) c...e.. ~

concemingSJ"'A.~\lL(,,(c..,.".ft,.;.. ] also understand that!

cannot be required to submit to a polygraph examination without r:ny consent. Additionally,
that if the answers during the examinatiQn show deception, ] may be asked to explain.

I hold GSH polygraph services and William Tufts hannless and free from any

liability for any acts or omission by any other parties or agencies and release and hold

•

hannless any persons or agencies from any and all claims or liabilities alleged to result from or
arise out of this examination.

Understanding that [ have the unqualified right to refuse
do hereby, this date, voluntarily and without duress, coercion, unlawful inducement, or
promise of reward, agree to submit to a polygraph examination. I further understand that the
infonnation obtained during this process will not be released to me.

Wilness~

Signature

f:..---_0-.l..-i_ _

Date_-=-3_----::/

325

,~,,>

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327

,Jf\"1IIlC lot Soltt('!

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L.II.Jt,

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

INCIDENT REPORT

PLACE 1AREA OCCURRED

DOC NUMBER

_

CCU

LIVING UNIT
CCU

DATE 1 TIME OF INCIDENT

3/4/04 --3/14/04
USE OF FORCE INCIDENT DYES

rzJ NO

WITNESSES

DETAILS: Who was involved, what took place, how did it happen, description of any injuries, damage, use of force, etc.
Attach additional sheet, if necessary.
On 3/4/04. Thursd~i
ht towards then end of my shift Officer O'Neil came to my office an.d said that he was told by a
inmate that inmat
as making comments about him. I asked what type of comments he said that he was told that
they were about inma
aving a thing for him. I directed him to get with me on Monday and we would sit down and
see what was going on s we both were scheduled for Friday, Saturday and Sunday off. I was not here on Monday.
Tuesday he asked to be able to talk to me when I had a chance. Sg1. Smith was in my office a little while later when O'Neil
came in with an incident.e
ort that read that inmates were coming up saying that they had heard inmatend other
talking about him. Inmat
arne to him had said she heard that they were out to get him because of 1m mfracting
them so much. Officer 0 el was bothered by the inmate's comment and came to speak with mywself and Sgt. Smith.
Officer O'Neil requested that I contacted 1&1 to have this looked into that he wanted it checked out as he stated he was
not doing anything wrong and felt she needed investigating. I e mailed Steve Baxter on the information that I had. Inmate
ame to my office to say that she felt that someone in East pod was trying to set her up. she said that because of the
act that she got Magnuson fire because he showed her his thing and spoke dirty to her and gave her his home phone
number that everyone was mad at her·for this. She stated she has not said a word aboutMa
nuso.n. and eve.rybody now
knows.tated she took a polygraph test and P I
ed!it.
I ! s left my office and inmat
icame in SaYing. she
felt tha
at~as tryin to set up O'Neil tha
. as aware of the stuff in Seg wit
agnuson a~ that
ad lied o~. Inmat·had been the es pod janitor and stated to me that she had watche~ry and
cute with Officer O'Neil an a so
to act like the Drama Queen_ came to Officer O'Neil and myself the
Followiing night (Wednesday) while we ad stepped out to stand move~e handed a note over to ~I a d said
she intercepted it. He hanllitdirectly to me and said e asn't
it. I read the \.etter. It was fro~to
In it she is asking fo
a lie in regards to wha
ad tol
I turned the letter over to Steve Baxter.
eve
•
er came to my office.
e spopke about this inc'
then spo e to inmat~; I had thought at this time the
issue was done and over with.On 3/14/04 Inmate
came to my office an~ted that she was
oom~
and could not stand back and listen to all things tfia
as saying about Officer O'Neil. Inmat
stated tha",
had told ~very~bout S~eve Baxt~r coming to the ~n1 and pUllin~ tapes and at Steve had~
... er t.h8ton the tapers it
showed Inmat~Brushlng up against Officer O'Neil and the podium. Inmate
stated th~toldthat Steve
baxter had promised her he wouldn't put her in Seg if she told all the info a
no O'Neil and th
as writing
another styaement to keep from going to Seg.1 requested that she write out statement. I notified t e
ift Lt. over what
was going on. I then spoke to the AssociajMe
Su erintendent in regards to this matter. Inmat~as placed into
segregati0iiendin.g investigation. lnmat
returned her statement to me along with on~said was being written
by inmate
hat was to go to Steve Sa
. nmat~:sPoke with Officer_rtea and stated she was upset about
the issue an elt someon_as
oin to beat up Inma
Over this. Inmate
as wrote a statement in regardsto
this situation also. Inmate
approached et e other day sayin
a she had been hearing inmate'"
and her friends talking tras a 0 .. · IC O'Neil and
saying that she was trying to get O'Neil to take a note.
Inmat~id she would write a statement on O'N~~havior but that she did not wished to be issued a supeona
like the~ she made a statement.She wrote a brief statement saying that she has never seen him act
unprofessional. I personnally have not seen Officer O'Neil at any time act in appropriate. Not even in a joking manner in
and around staff. Officer O'NeH asked tonight should he be placed on Adminstrative segregation to have this investigated
and to have it brought to an end. He has brought this to my attention and is insisting that we look into this as he does not
want it to not get investigated and have him loose his job down the road on the say so of an inmate that is lying. Officer
O'Neil is at the point that he stated would I preferred that he did not work West Pod. I do not feel at this time that there is
any reason why he should not work West Pod. The staff work a rotation of the three spots in the unit. Officer O'Neil has
volunteer to take the booth over West Pod when we do not have a regular staff in the unit. Other inmate in the unit and out
side of the unit have stated the want to write statements,. I did not 8t these statements this evenin but if an others are

tOU.i

th~.:as

DOC 21-458 (F&P 10/16/2001) WCCW

Attachment

(~

)
328

[

l."

ned in (I will turn them over to 1&11

I IMMEDIATE ACTION TAKEN: Notified Shift Lt. And Associate supt. and 1&1.
TITLE

(='

~--"J

.

DATE I TIME RECEIVED

INVESTIGATION ASSIGNED TO

INCIDENT NUMBER

BY

Distribution by Associate Superintendent:
0 Intelligence Officer
Shift Commander
0 Clinical Director
Safety Officer
0 other

1ZI Superintendent

o

o

DATE

o Other

o Other
o Other

DOC 21-458 (F&P 10/1612001) WCCW

329

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336

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Attachment

(l.-J3)

338

STAT!:: OF WASHINGTON
DEPARTMENT OF CORRECTIONS

INCIDENT REPORT

PLACE I AREA OCCURRED

•

••

r.:

d: R LIVING UNIT

DATE I TIME OF INCIDENT

USE OF FORCE INCIDENT?
DYES

0

NO

WITNESSES

IMMEDIATE ACTION TAKEN:

!

REPORTING STAFF SIGNATURE

I

\ TITLE

DATE

DATEITIME RECEIVED

INCIDENT NUMBER

INVESTIGATION ASSIGNED TO

DATE

Distribution by Associate Superintendent:
Superintendent
0 Intelligence Officer
Shift Commander
0 Clinical Director
Safety Officer
D Other

o Other
o Other

o
o

o

_

o Other

~

_
_
_

DOC 21-458 (9/91) WCCW

Attachnlent

(/1..{)

339

INCIDENT REPORT
PLACE I AREA OCCURRED

DATE I TIME OF INCiDENT
USE OF FORCE INCIDENT?
DYES

0

NO

WITNESSES

I

I

REPORTING STAFF SIGNATURE

I

TITLE

DATE

-DATE /TIME RECEIVED

INCIDENT NUMBER

I

INVESTIGATION ASSIGNED TO

Distribution by Associate Superintendent:
Super"lntendent
Intelligence Officer
Shift Commander
0 Clinical Director
Sately Officer
0 Other

o

o
o

DATE

BY

o

_

o Other
o Other
o Other ~

_
_
_

DOC 21-458 (9/91) WCCW

Attachment (If)}

340

roi\·
/""a.,.

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

INCIDENT REPORT

PLACE I AREA OCCURRED
\.,)

DATE I TIME OF INCiDENT

~.

c{.

r;.

USE OF FORCE INCIDENT
WITNESSES

C/ J
7/J V A

LeLex.

0

YES

NO

~

DETAILS: Who was involved. what took place, how did it happen, description of any injuries. damage, use of force. etc. Attach
a~ sheet. if necessary.
.

o

v./L--

~/

U,...J ItppCQ(?" ~ h..r 1<..). .~=-.:-'-'--"'--.:>-----"5.LJMfE-.......:...
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...
Crw.. kol.- bE IAJk.&,A-L.h ~lt'L-., ~ ',,> __ c. C\ 1 he.s

L..
__

IMMEDIATE ACTION TAKEN:

DATE /TIME RECEIVED

INVESTIGATION ASSIGNED TO

INCIDENT NUMBER

BY

Distribution by Associate Superintendent:
Superintendent
D Intelligence Officer
Shift Commander
D Clinical Director
Safety Officer
0 Other

D
D
D

DATE

o Other
o Other
D

Other

The contents of this document may be eligible for public: disclosure. Social Security Numbers are considered confidential information and
will be redacted in the event of such a request. This form is governed by Executive Order 00-03. REW 42.17, and RCW 40.14.

DOC 21-458 (02/19J03) WCCW

Attachment (I

~) 341

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

INCIDENT REPORT

o Confidential
OFFENDERS INVOLVED'

DATEiTlME OF INCIDENT

DOC NUMBER

LIVING UNIT

CW324a

03/14/04
WITNESSES

LOCATION

CCU

USE OF FORCE INCIDENT?

0

YES ~ NO

DETAILS: Who was involved, what took place, how did It happen, description of any injuries, damage, use of force, etc. Attach
additional sheet, if necessary.

I have worked with C/O O'Neil for approximately six months. During the duration of that time Officer O'Neil has alwas
been professional,in his work ethics ,intergity and attendance. I have never witnessed any unusual behavior or
misconduct with inmates .No conversations with inmates that appeared to be anything but professional.He has not spent
anymore time with any specfic inmate then any other. He does not spend any undue amount of time in west pod.He has
never requested to work in any paticular pod that he is scheduled to work. In my opinion C/O O'Neil is
. professional,respectful and curtious with both staff and inmates.

IMMEDIATE ACTION TAKEN:

N/A

REPORTING STAFF SIGNA.TUJ7

~'-7< /~11~

TITLE

DATE

C/O 2

03/14/04

DATEiTlME RECEIVED

INVESTIGATION ASSIGNED TO

INCIDENT NUMBER

BY

DATE

The contents of this document may be elIgible for public disclosure. SocIal Security Numbers are conSIdered confidential rnformatlon and will be
redacted In the event of such a request. This form Is governed by Executive Order 00·03, RCW 42.17, and RCW 40.14.

Distribution:
WHITE· Chief Investigator
DOC 21-917 (12103/03)

CANARY· Executive Team Member

PINK - Originator

GOLDENROD - Immediate SURervisor

Plttachment ( ,~·342

~~1

~JiiI'
",,+

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

NAME OF WITNESS

WITNESS STATEMENT
DOC NUMBER

FACILITY

.',

,

\

1"c,L,UJ

NAME OF OFFENDER(S) TOWHICH STATEMENT REFERS

DOC NUMBER

OFFENDER·DESIRES WRITTEN STATEMENT CONCERNING THE FOLLOWING

& • • • • • • II • • • • • • • • • • • • • • • • • • I •

• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 1.1

NAME OF PERSON OBTAINING STATEMENT

DATE

I

TIME

OA.M.Dp.M
NOTE; This statement should give a factual account of the events witnessed. Of particular importance is information as to what was
observed, where and when it occurred, who was involved, what other witnesses there were to the event, and if possible, any
factual information relative to the possible reasons tor the incident or misconduct.
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• a •••

K ••••••••••

STATEMENT (Use back of this page ifadditional'space is required.)

- ..,~

'~~(!(()iAttachment (I g)

DIstribution: WHITE-Hearing Officer, PINK-Offender

343

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352

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

INCIDENT REPORT

o Confidential
DATEfTlME OF INCIDENT

LIVING UNIT

03-14-04

C-324A

LOCATION

WITNESSES

USE OF FORCE INCIDENT? 0 YES ~ NO
DETAILS: Who was involved, what took place, how did it happen, description of any injuries, damage, use of force, etc. Attach
additional sheet, if necessary.

Approximately two weeks ago inmate_pproached me and said inmat~as saying
inappropriate things concerning me to other inmates. Things such as inmat.s flashing me and writing me love
lettrers. I immediately informed 5gt. Baccetti on what was told to me. I also wro e an incident report. 1can only remember
two conversations wit.oncerning he~""
ersonallife. They both were about her kid who was in the hospital. Those
conversations came about because inmat
as in the pod crying and I asked her what was wrong. 1offered to send
her to mental health to talk to someone but s e declined. Outside of those conversations, I have never discussed with her
anything personal about her life. I have also never discussed my personal life with her, I have always remained
.
professional with my conduct, words and actions. Lastly, I have never allowed any inmate to be inappropriate with me and
I have never been inappropriate with any inmate. Any questions you may have please feel free to contact me.

IMMEDIATE ACTION TAKEN:

DATE

1

."S

DATEfriME RECEIVED

INVESTIGATION ASSIGNED TO

() c/

INCIDENT NUMBER

BY

DATE

The contents ofthls document may be eligible for publIC dIsclosure. Social Security Numbers are considered confidential information and will be
redacted in the event of such a request. This form is governed by Executive Order 00-03, RCW 42.17, and RCW 40.14. .

Distribution:
WHITE - Chief Investigator
DOC 21-917 (12/03/03)

CANARY - Executive Team Member

PINK· Originator

GOL.DENROD -Immediate Supervisor

Att::'H"'hm~nt

(')( 353

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INMATE'S KITE
PAPELETA DE PET1CION DEL RECLUSO

STATE OF WASHINGTON
OEPARTMEN.T OF CORRECTIONS

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RESPONSE
RESPUESTA

RESPONDER I PERSONA QUE RESPONDE

DATE I FECHA

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queda 91 ,acluso

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