Editor’s note: This story contains graphic descriptions of sexual assault.
A former nurse for the Oregon Department of Corrections is set to go to trial Monday in federal court in Portland. The U.S. Department of Justice says Tony Klein violated the constitutional rights of women in prison.
Federal prosecutors have alleged in court documents that Klein, while a nurse at the Coffee Creek Correctional Facility, subjected incarcerated women to cruel and usual punishment through conduct that ranged from inappropriately touching them over their clothes to sexual assault.
In total, prosecutors accuse Klein of inappropriate contact with at least 20 women at Coffee Creek, where he worked from 2010 until early 2018; the allegations in the case stem from his last two years at the facility.
FILE: Tony Klein was deposed in November 2019 as part of civil litigation involving 10 women incarcerated at Coffee Creek Correctional Facility who accused him of abuse.
Video screenshot / Plaintiff deposition via Michelle Burrows
The trial is expected to last three weeks. If convicted, Klein, 38, could face life in prison.
Many of the women he is accused of mistreating could testify.
“He told me I looked like I would be fun, implying that it would be fun to have sex with me,” said Lisa Whipple, who alleges Klein sexually assaulted her during a medical appointment while serving a drug related sentence at the state’s only prison for women.
Lisa Whipple at her home in La Grande, Ore., in December 2021, says she never reported the sexual assault incidents she endured at Coffee Creek Correctional Facility out of fear it would delay her release from prison.
Kristyna Wentz-Graff / OPB
Whipple has a heart condition that required regular visits to the infirmary where Klein worked. Court documents refer to Klein’s alleged victims by number in order to protect their identities. She confirmed to OPB that she’s part of the federal government’s case against Klein.
During one exam, Whipple alleged, Klein kissed her.
“He started, like, blowing in my ear and then kind of doing the kisses down the neck,” she said. “He grabbed my hand and put my hand on his erect penis.”
The appointment ended abruptly when another nurse walked in the exam room, Whipple said.
The rates of women in custody who say they experienced sexual assault before incarceration is alarmingly high. A 2012 federal report found 86% of women in jail experienced sexual violence in their lifetimes — about twice the rate of the general population.
At the same time, accountability can be challenging. Nationally, there were 2,229 substantiated incidents of correctional staff sexually assaulting or harassing people in custody between 2016 and 2018, according to a U.S. Bureau of Justice Statistics report released in January. That means investigators determined the incidents occurred. Prison employees were arrested in about one-third of the cases brought against them. But just 6% of cases led to a legal punishment like a guilty plea, a conviction or even a fine.
The Oregon Department of Corrections determined the allegations against Klein are unsubstantiated, meaning the prison conducted its own internal investigation and cannot say one way or another if the incidents occurred.
Whipple said women at Coffee Creek can’t be rehabilitated when the prison system is causing more pain.
“Taking women in that situation and creating more trauma for women that have already experienced some of the most horrific things is baffling,” she said. “And I relate to a whole lot of them.”
Whipple never reported the incidents. Women in custody have little power compared to staff, and she said she feared any response could delay her release from prison.
Other women did report their allegations of mistreatment to prison staff.
Connie Wilson told OPB that compared to correctional officers or other prison employees, Klein was kind.
“He was goofy looking, but he was kind enough to make us comfortable, to make us feel like we’re human, to talk to us one on one and you know, BS and kid around,” Wilson said. “You don’t have laughter in there. You can’t laugh in prison. There’s no laughing.”
Wilson said Klein used that sense of trust and rapport to touch her between her legs during what was supposed to be an appointment to get an X-ray. She may also testify against Klein at this month’s trial.
“Why did he have a chance to get to me?” Wilson said. “That shouldn’t happen.”
Connie Wilson, at her home in Lincoln City in November 2021. Wilson was formerly incarcerated at Coffee Creek Correctional Facility, and told state detectives in 2018 that she was sexually assaulted during an appointment for an X-ray.
Kristyna Wentz-Graff / OPB
After Wilson made her report she spoke to Oregon State Police. But her account was lost and was never considered by local prosecutors; they looked at the case against Klein, but ultimately decided not to bring charges. Washington County prosecutors reported that they saw conflicting evidence.
The allegations against Klein at Coffee Creek surfaced in late 2017. He resigned from the Oregon Department of Corrections amid a criminal investigation — and then went to work at one of Legacy Health’s Portland-area hospitals. Legacy administrators announced they had fired Klein after he was indicted last year.
In 2019, Klein and the Department of Corrections faced a series of civil lawsuits related to the alleged assaults — including lawsuits from Wilson and Whipple.
During the civil litigation, Klein was deposed under oath.
“I have never sexually touched Ms. Wilson,” he said. “I don’t even really remember who Ms. Wilson is.”
He was questioned by Michelle Burrows, the attorney who represented 10 women. At the time of the 2019 deposition, not all of Klein’s accusers had come forward.
“There are 18 women who have made accusations against you for sexual touching or comments,” Burrows said. “Are each one of these women telling the truth, as far as you know?”
“No,” Klein answered. “They’re not telling the truth.”
“They’re not? They’re all lying?”
“Yes,” Klein said
The state paid more than $1.8 million to settle 11 civil lawsuits; state officials did not admit to any wrongdoing.
As part of this federal criminal trial, the U.S. Department of Justice has charged Klein with perjury. Federal prosecutors state in court documents that Klein lied under oath about having sexual contact with women at Coffee Creek.
Klein and his defense attorneys declined an interview request.
In court records, they say Klein has passed polygraph tests in 2021 and again last month.
The defense has also argued Klein’s accusers were motivated by money. They’ve noted recent criminal conduct and substance abuse issues involving some of Klein’s accusers that they say raise concerns about their credibility.