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The Honolulu Advertiser
Posted on: Tuesday, December 5, 2006

Prison official says he's cleared

By Kevin Dayton
Advertiser Big Island Bureau

A prison security chief, who is among seven employees suspended or transferred from the state's only women's prison, said yesterday he and the other workers have been cleared of all criminal allegations against them.

Malcolm Lee Sr., chief of security at the Women's Community Correctional Center, was among seven prison employees who were placed on leave or transferred in connection with an investigation into alleged wrongdoing at the Kailua prison.

Prison officials have refused to specify the allegations involved, but Lee said investigators from the state attorney general's office reviewed prison records looking for evidence that items such as air conditioners and plywood had been taken from the prison, and that excessive amounts of fencing materials had been ordered for the facility.

The prison, at 42-477 Kalaniana'ole Highway, has about 260 beds.

Lee said he was told in an interview with an attorney general's investigator at the Kane'ohe Police Station on Nov. 17 that the materials had all been accounted for, and that the criminal case into the alleged thefts was being closed.

The theft allegation was "an outright lie" told by another employee, Lee said. Extra fencing material was ordered, but Lee said that was done with the approval of the warden because "when we have an excess amount of money, you got to spend it or lose it. We spent it. ... We purchase things that we know we're going to need, for whatever reason."

Lee questioned the handling of the case. "I could deal with it if I was guilty, but I'm not guilty," he said.

The Attorney General's Office for a third time yesterday would not discuss the case or even confirm whether there is a criminal investigation under way at the prison.

Louise Kim McCoy, spokeswoman for the state Department of Public Safety, would not respond to Lee's statements.

"We're not going to comment because the investigation is pending," she said.

Lee said four of the prison employees were given letters dated Nov. 14 saying that they were being placed on leave for 30 days without pay, although two have since been allowed to return to work at other facilities.

A fifth employee who allegedly was involved is out with a job-related injury. Lee said he has been out on sick leave and has not been served with any papers that explain his status.

The seventh person who was placed on leave or transferred was acting warden Eric Tanaka, who was transferred out of the prison. Lee said there were no allegations of any wrongdoing by Tanaka, who served only briefly as the prison's acting warden.

Lee said now that the criminal allegations have been resolved, other cases that were previously closed are being re-opened by prison Internal Affairs investigators who have been sent to the prison.

"That's scary. You open cases that were closed now, and you're looking administratively because you cannot get nothing criminal? That's wrong," he said.

Department of Public Safety officials previously said an internal-affairs investigation may follow the investigation by the attorney general's office.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com.