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198 E. 161st St.
Bronx, NY  10451
(718) 590-2234

 

Robert T. Johnson
District Attorney

2007027 Friday, June 1, 2007

June 1, 2007

ASSISTANT DEPUTY WARDEN AND CORRECTION DEPARTMENT CAPTAIN INDICTED IN CONNECTION WITH COVER-UP OF ASSAULT ON A RIKERS ISLAND INMATE

Bronx District Attorney Robert T. Johnson announced today that an Assistant Deputy Warden and a Correction Department Captain on Rikers Island have been arrested and charged with trying to cover up an alleged assault on an inmate who had refused to submit to a strip search.

The grand jury returned a 52 count indictment against Assistant Deputy Warden Gail Lewis and Captain Sherman Graham in connection with an incident involving inmate Brian Mitchell at the Robert N. Davoren Center on Rikers Island on October 4, 2006.

Captain Graham was charged with one count of Attempted Assault in the 3rd degree for allegedly punching Mitchell when he refused to undress for a strip search. Attempted Assault in the 3rd degree is a Class B Misdemeanor punishable by a maximum sentence of up to 90 days in jail. The grand jury also indicted Captain Graham on 16 Class E felony counts each of Falsifying Business Records in the 1st degree and Offering a False Instrument for Filing in the 1st degree, and 16 Class A misdemeanor counts of Official Misconduct. A Class E felony offense is punishable by up to 4 years imprisonment. Conviction on a Class A Misdemeanor is punishable by up to a year in jail.

It is alleged that Captain Graham struck inmate Brian Mitchell without provocation in the presence of 15 Correction Officer recruits whom he then ordered to falsely claim that Mitchell had been the aggressor. Each of the recruits was required to submit a Correction Department Use of Force Witness Report.

Assistant Deputy Warden Lewis was indicted on one count each of Falsifying Business Records in the 1st degree, Offering a False Instrument for Filing in the 1st degree, and Official Misconduct.

This indictment was the result of an investigation by the New York City Department of Investigation’s Inspector General for the Department of Correction.

Assistant District Attorney Jan Kum of the Rackets Bureau is prosecuting the case.


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