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Worker refutes prison sex claim

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A final decision regarding the personnel case of a state worker accused of sexually abusing juvenile inmates will not be forthcoming anytime soon.
Anita Stotts, of Columbia, is accused of having inappropriate sexual contact with two youths while she was a youth worker and part-time cook at the Adair Youth Development Center in January 2004. The facility houses dozens of violent youthful offenders and Stotts filed an appeal after the Department of Justice and Public Safety dismissed her in May 2004.
She was also was arrested on a misdemeanor charge of second-degree sexual misconduct and was acquitted in January 2006. The jury deliberated for only a few minutes before she was acquitted.
As part of her personnel appeal, Stotts testified in front of Roland Merkel, a hearing officer for the Personnel Board, on Tuesday morning. Merkel has been collecting evidence and recording testimony since preliminary hearings started in September. Two co-workers testified at another hearing in October and Melanie Cook, Stotts Bowling Green-based attorney, said they both stood by her client.
Neither one of them believe she is capable of doing this, Cook told The State Journal.
So far, Stotts has relied on the same strategy that convinced a jury earlier this year that she was innocent. Her attorney claims the departments investigation was incomplete, and overlooked important evidence that shows Stotts didnt have the time or opportunity to commit the alleged abuse.
The factual basis was not accurate and her termination was erroneous, Cook said.
Stotts testified for exactly an hour on Tuesday, describing what she remembers from the night when the abuse allegedly occurred. She talked about how other staff members were frequently entering and leaving the immediate area. There were other inmates nearby cleaning the adjacent dining area, Stotts said. The logs from other prison units and records from the control room back up her claims, she said, as well as statements and testimony from other employees.
There is no proof I did this, Stotts wrote in her appeal.
Angela Cordery, staff attorney for the Department of Justice and Public Safety, presented little evidence to refute these claims on Tuesday. She asked Stotts if she specifically remember the night in question, and tried to discredit the evidence provided by Cook. However, Cook used prison records to corroborate statements from Stotts co-workers.
Cordery also pursued several different lines of questioning, but only addressed issues that had already been discussed. There were several long pauses in the testimony while Cordery took time to organize her thoughts. Cook gazed quizzically at Cordery while she waited for the hearing to continue.
Because of what Cook describes as a lack of evidence, she asked Merkel to issue a judgment. However, Cordery said she still hoped to bring testimony from two former inmates of the juvenile detention facility. The youths were subpoenaed months ago, but so far the department has been unable to serve them with the necessary papers.
Merkel said he would allow the department one final chance to produce its witnesses and scheduled a final hearing date for Jan. 12. If the witnesses are still unavailable, Merkel said he would ask the department to file a closing brief. Stotts would have 30 days to file a response, and the department could submit a final rebuttal as well.
A decision is a long time out, Merkel said. This is not much different from any other court.
Based on his findings, Merkel will issue a recommended order. The Personnel Board will review the facts and can uphold, reject or amend the recommendation.