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‘SKY PILOT’ GROUNDED IN CALIFORNIA EVEN AS TEXAS ALLEGATIONS UNFOLD

In maybe the most reprehensible of the sex abuse charges coming out of the FCI Dublin scandal, former Bureau of Prisons chaplain James Highhouse was sentenced last week to 84 months in prison — more than double his laughably short 24-30 month Guidelines range – for sexually abusing a female inmate and lying to authorities.

The Assistant U.S. Attorney prosecuting the case said Highhouse engaged in predatory conduct with at least six women from 2014 to 2019. The government said he would tell women he abused at Dublin that everyone in the Bible had sex and that God wanted them to be together. An Army veteran, Highhouse pressured one inmate into sex on Veterans Day by telling her she needed to serve her country and on Thanksgiving by telling her she needed to show her gratitude for him, prosecutors said.

Highhouse warned his inmate victims not to report him, telling one of them “no one will believe you because you’re an inmate, and I’m a chaplain,” the AUSA said in a sentencing memorandum. “The staff members at FCI-Dublin solidified [the inmate’s] concerns about not being believed. One counselor was particularly vocal about inmates “snitching” on corrections officers, advising them to instead “tell Trump about it.” When [the inmate] inquired about the procedure for reporting sexual assault, a different corrections officer told her that she would be sent to the Segregated Housing Unit (SHU) if she did so. Although the purpose of doing so is for protection of the victims, the SHU is disciplinary housing, and as result, inmates lose privileges and are in essence –even if not in purpose – treated like they did something wrong.”

“Today’s sentencing sends a clear message to BOP employees that abusing their position of trust will result in serious consequences,” Dept of Justice Inspector General Michael Horowitz said last Wednesday.

Serious consequences? Really? Ohio State Law Professor Doug Berman observed in his Sentencing Law and Policy Blog yesterday that the Guidelines sentencing range Highhouse faced for raping female inmates (24-30 months) was risibly short, especially when compared to other Guidelines ranges for other federal offenses:

There are many disconcerting and notable aspects of this story, but I am still struck that a prison official/chaplain can sexually abuse a prisoner repeatedly and yet only face a guideline sentencing range of 24 to 30 months.  That range is, generally speaking, well below the guideline ranges typically facing lower-level drug offenders and lower-level fraudsters.

Meanwhile, a BOP spokesman said Director Collette Peters – who now has been on the job for a month –is “fully committed” to fixing Dublin’s problems and is working with new Warden Thahesha Jusino to make improvements.

DOJ and the BOP may soon get a chance to prove their commitment to rooting out abuse if a Texas congressman gets his way. Last Wednesday, Marc Veasey (D-TX) called for an investigation into FMC Carswell after the Ft Worth Star-Telegram reported allegations of systemic sexual abuse and cover-up at the women’s facility. “These claims must be investigated swiftly,” Veasey said in a tweet, “and as your member of Congress, I will do everything in my power to ensure there is justice for these victims and that institutional change will take place.”

The week before, the Star-Telegram published the result of a months-long investigation into Carswell. A dozen women currently or previously incarcerated at the prison described sexual assaults and rapes by staff members, the paper reported, while a former staff member and union president said reports of misconduct are ignored or covered up.

Last Friday, the Star-Telegram decried the sexual assaults, noting that, “equally alarming, the facility showed a systemic history of covering misconduct up and creating an atmosphere of secrecy and retaliation, making it difficult for these women to report alleged abuse. All of this means that the problem is likely much larger than the reports of abuse indicate.”

Associated Press, Chaplain who sexually abused inmates gets 7 years in prison (August 31, 2022)

Dept of Justice, Federal Prison Chaplain Sentenced for Sexual Assault and Lying to Federal Agents (August 31, 2022)

US Attorney, Sentencing Memorandum (Case No 22-cr-000016, ND Cal, August 24, 2022)

Sentencing Law & Policy, Noticing surprisingly low federal guideline range for sexual abuse of prisoners (September 5, 2022)

Dublin Independent, New BOP Director Collette Peters Vows To Improve Conditions at Federal Correctional Institute Dublin (August 31, 2022)

Star-Telegram, Congressman ‘deeply disturbed’ by Star-Telegram report on Fort Worth prison rapes (August 31, 2022)

Star-Telegram, Report on Fort Worth’s women’s federal prison is devastating. Reform must happen now (September 2, 2022)

– Thomas L. Root