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

 

Robert T. Johnson
District Attorney
15-2012 Monday, May 14, 2012
May 14, 2012

A FORMER ASSISTANT DEPUTY WARDERN AND A CORRECTION DEPARTMENT CAPTAIN FOUND GUILTY IN THE COVER-UP OF AN ASSAULT ON AN INMATE ON RIKERS ISLAND

Bronx District Attorney Robert T. Johnson announced today that a jury has convicted a former Assistant Deputy Warden and a NYC Department of Correction Captain in connection with the cover-up of an assault on an inmate who had refused to submit to a strip search.

The incident occurred at the Robert N. Davoren Center on Rikers Island on October 4, 2006.

Former Assistant Deputy Warden Gail Lewis, 49, was found guilty on one count each of Falsifying Business Records in the 1st degree, Offering a False Instrument for Filing, and Official Misconduct.

Captain Sherman Graham, 42, was found guilty on one count each of Falsifying Business Records in the 1st degree, Offering a False Instrument for Filing, Official Misconduct, and Attempted Assault in the 3rd degree.

Graham was also convicted on an additional seven counts each of Falsifying Business Records in the 1st degree and Official Misconduct for acting-in-concert with seven Correction Officer recruits whom he ordered to falsely claim that the inmate, whom Graham punched for refusing to strip naked, had been the aggressor.

State Supreme Court Justice Steven Barrett set sentencing for Monday, July 9, 2012 in Part 60.

Lewis, who has retired, is facing a maximum sentence of up to 4 years imprisonment for the most serious Class E felony charge of Falsifying Business Records in the 1st degree.

Graham, who will face Department of Correction termination proceedings following his felony conviction, is facing a maximum sentence of up to 4 years imprisonment for filing his own false report and up to 4 years imprisonment for each of seven false reports filed by others at his direction. The Correction Officer recruits were not charged.

The guilty verdicts on these charges are in connection with an assault against Brian Mitchell. The jury was presented with evidence that Mitchell was the victim of an unprovoked attack by Graham and that Graham attempted to cover up the wrong-doing by filing a Use of Force report containing false information. The evidence also showed that Assistant Deputy Warden Lewis attempted to assist Graham in the cover-up by filing a Use of Force Witness report which also contained false information.

The investigation leading to the indictment and conviction in this case was conducted by the New York City Department of Investigation’s Inspector General for the Department of Correction.

The case is being prosecuted by Assistant District Attorneys Larry Piergrossi and Ann Lee of the Investigations Divisions’ Rackets Bureau.

 

 


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