Accused FCI Dublin Officer May Take the Stand in East Bay Prison Sex Abuse Trial

In an unexpected move by the defense, the former FCI Dublin officer on trial for sexually abusing five women at the shuttered East Bay prison may take the stand next week.

Attorneys for Darrell Wayne Smith, the last of eight officials at the former women’s prison being tried for sexual misconduct, told the judge on Thursday that Smith might testify to the allegations levied against him by five women formerly incarcerated at FCI Dublin. He was initially not expected to testify.

Smith is accused of abusing the women during his time as a correctional counselor and later as an officer at FCI Dublin. They allege that between 2017 and 2021, he stuck his fingers into their buttocks and vaginas, and forced them to show their breasts. One incarcerated woman said she was ordered to have sex with him in a supply closet.

The case against the former officer was part of a sprawling federal probe into the prison that revealed a culture of abuse, retaliation and cover-ups and has already led to the convictions of seven former officials, including the prison’s warden.

The defense was expected to wrap up the testimony with its final witness — former Special Investigative Services technician Ed Canales — on Thursday, following a weeklong hiatus due to his schedule. During his testimony, Canales described a different culture of retaliation to the jury: with Smith as the victim.

Canales, who has also been the president of the union representing most prison workers at Dublin for eight years, told the jury that he believed Smith was mistreated by upper management after reporting another employee who allegedly shared personal information about guards, like their social security numbers and medical reports, with her daughter.

“It was pure retaliation,” he said. “I’ve never seen an attack on an individual as I have Mr. Smith.”

Canales said that Smith recorded the employee discussing the information with the child, who was not a Federal Bureau of Prisons employee, and reported the conversation as a violation of privacy. In response, the woman opened her own case against Smith, alleging that she felt threatened by the recording.

During the investigation, Canales said Smith was required to work in what employees called the “mop closet” — a small room near the front doors of the prison where a guard would answer phones.

“We call it a chilling effect,” Canales said. The mop closet, where a “phone monitor” worked, was “in the front entrance where everyone could see. There was rat feces, mold, there was no heating, no air conditioning.

“In my opinion, it was retaliation. He was in there for weeks.”

Smith worked a total of 38 days as a phone monitor between Nov. 2017 and March 2018 before returning to his usual gig as a correctional officer in one of the prison’s housing units.

Canales said that the case was dropped after the union requested a review of the case against Smith by the U.S. Special Counsel. He said the human resources manager subsequently resigned.

The defense also pointed to the length of an investigation into an alleged inappropriate relationship Smith had with an incarcerated woman — which ultimately led to his demotion from correctional counselor to officer, a less prestigious and lower paid job — in 2017.

The case spanned six years, and Smith was ultimately given a six-day suspension in 2021.

“The six-year investigation, putting him in the mop closet, all these other frivolous stuff they did to him [and] the accidental displacement of his [Family and Medical Leave Act] paperwork” when Smith said he submitted requests for time off to go to the doctor all pointed to mistreatment,” Canales said.

The prosecution argued that Smith’s ability to work in the housing units, which were desirable shifts, was proof that he was trusted and not retaliated against.

Assistant U.S. Attorney Andrew Paulson presented logs of Smith’s shifts that showed he worked in housing units immediately before and after his stint in the “mop closet” and throughout the inappropriate relationship investigation.

He said Smith wasn’t forced to work less coveted roles, like the control and mail rooms or in the lobby, and was allowed normal privileges at the time.

If Smith opts not to take the stand, closing statements are expected as soon as Monday. If he does, though, the case could stretch much longer since both the defense and prosecution will need time to prepare. The defense has to decide by 1 p.m. on Friday.

Smith faces a possible life sentence if convicted.