A federal jury Tuesday found a former Oregon prison nurse guilty of 17 counts of subjecting nine women inmates to sexual abuse in custody and guilty of four counts of perjury.
The 12-member jury deliberated for about two days before reaching its verdict against Tony D. Klein, 38.
Klein, his hands clasped in front of him as he sat between his lawyers at the defense table, bit his lip and looked up at the ceiling as the guilty verdicts were read aloud one by one by the courtroom deputy shortly after 12:30 p.m.
Prosecutor Cameron Bell then asked that deputy U.S. marshals take Klein immediately into custody.
Defense lawyer Matthew McHenry objected, arguing that Klein has been out of custody since March 2022 and hasn’t fled or committed any crimes.
Bell countered that Klein’s circumstances have changed with the verdict.
“He’s been convicted on charges that carry a life sentence,” Bell told the court.
U.S. District Judge Michael H. Simon summoned the marshals, who already were in the courtroom, to take Klein into custody.
Klein rose at the defense table, and handcuffs were clicked around his wrists as those in the courtroom sat in silence.
He appeared to ask if he could speak to his family members, who sat through the two-week trial in the back of the public gallery. He nodded to them and was led away. One of Klein’s defense lawyers, Amanda Thibeault, wiped tears from her eyes.
Klein, 38, will be sentenced Oct. 17.
He had faced 19 counts of deprivation of rights, accused of subjecting 11 prisoners to sexual abuse or assault in Coffee Creek Correctional Facility’s medical unit, and four counts of perjury for denying any sexual contact with prisoners during a 2019 civil deposition.
The jury’s 17 guilty verdicts for deprivation of rights stemmed from nine women’s accounts of sexual abuse by Klein behind bars.
“Tony Klein used his position of authority to prey on women in custody who were in a uniquely vulnerable position. He further led his victims to believe they had no power to resist or report his abuse,” Oregon’s U.S. Attorney Natalie Wight said in a statement. “This verdict would not have been possible without the courage and resolve of these women and the dedication of our partners at the FBI and Civil Rights Division.”
Klein’s lawyers, Thibeault and Matthew McHenry, said they plan to appeal the verdict.
“Although we appreciate the jury’s time and attention, we are obviously disappointed by the verdict. As we have maintained throughout these proceedings, we believe Mr. Klein is an innocent man — a fact supported by the two separate polygraph examinations he passed in which he denied any sexual contact with incarcerated persons,” they said in a statement. “We are proud to have represented Mr. Klein throughout these proceedings and will continue to fight on his behalf.”
Klein’s polygraph results weren’t allowed as evidence during the trial.
Seventeen former and current prisoners of Oregon’s only women’s prison testified that Klein sexually assaulted them when they sought medical care or worked in the medical unit in 2016 and 2017.
They said he stood extremely close to them, rubbed up against them, groped them, pulled their hair and had them perform oral sex, placed their hands on his pants, had them touch his penis and had sexual intercourse with them in an exam room or closet.
Defense lawyers argued that the women weren’t credible, pointing out that no staff or corrections officers ever walked in on or discovered the abuse. They told the jury that the prisoners conspired to fabricate the stories to get lucrative settlements from the state.
Klein’s attorneys also highlighted the criminal convictions of some of the women, including those in prison for hindering prosecution, falsifying drug records, assault, racketeering and identity theft.
The prosecution called Klein an “opportunistic predator” who knew where cameras were placed in the prison and how to avoid them. Prosecutors also noted not all of the women who testified filed lawsuits.
The state paid $1.8 million to settle 11 civil suits stemming from sexual assault allegations made against Klein while he was a prison nurse. He worked at Coffee Creek from 2010 until January 2018, when he resigned. He later went to work for Legacy Health but was fired in March 2022.
After jurors met briefly with the judge, the jury foreperson Patrick O’Halloran said listening to the testimony and the deliberations in the case was “difficult for everyone.” He said it was challenging for jurors to be “judging people” who are at their “low point” in life.
“It was a serious discussion,” he said. “It’s not something any of us took lightly.”
The two not guilty verdicts related to alleged sexual assaults involving two different women.
One was a woman from Lincoln City who said Klein had sexually assaulted her in July 2017 when she was called to the prison medical unit for an X-ray. She testified that Klein put his hand between her legs after telling her to take her pants down and penetrated her with his fingers. She said he hit his head against a wall when she pushed him away. The defense pointed out that no one in the unit heard the commotion or noticed Klein with a bruise on his head.
The other not guilty verdict stemmed from the testimony of a Gresham woman who said she was seeking a new bandage for a wrist injury when Klein also reached between her legs. Defense lawyers, on cross-examination, challenged the woman’s memory of the date the alleged assault occurred. She had filed a suit against the state and received a settlement of about $77,000.
The jury foreperson said jurors examined each count on its own, and with those not guilty verdicts, “the full evidence” didn’t support the accusations. The jury was made up of six men and six women.
Attorney Michelle Burrows, who represented many of the women who testified in civil suits filed against the state Corrections Department, said the verdicts provide “validation” to her clients.
Klein was indicted on the federal charges in March 2022 after an investigation by the FBI, with help from state police and the Clackamas County Sheriff’s Office. The criminal section of the U.S. Department of Justice’s Civil Rights Division was involved in the prosecution.
When the deprivation of an inmate’s right against cruel and unusual punishment inside a prison involves aggravated sexual abuse, the crime can bring a maximum sentence of life in prison.
The federal prosecution followed a decision by the Washington County District Attorney’s Office not to prosecute Klein.
“His heinous actions were only brought to light by a small group of courageous women who came forward, even despite their precarious circumstances of being incarcerated. Their willingness to report their victimization undoubtedly saved others from Mr. Klein’s predatory actions,” said Kieran L. Ramsey, special agent in charge of Oregon’s FBI.
According to the Oregon Board of Nursing, the Department of Corrections reported Klein to the board in September 2018 for “alleged boundary violations with patients” and alleged sexual misconduct involving prisoners. State police and the corrections Office of Inspector General conducted an earlier investigation and submitted it to the Washington County District Attorney’s Office, which declined to prosecute “due to insufficient evidence,” according to the nursing board.
On June 10, 2020, the board issued a reprimand to Klein for “conduct derogatory to the standards of nursing” and issued a $2,500 civil fine. His nursing license expired on Oct. 15, 2022, according to Barbara Holtry, the board’s interim executive director.
