Jail assault case headed to trial
A Butler man accused of sexually harassing and assaulting Butler County Prison inmates is headed to trial.
The case against Luis Quinones, 27, moves forward to Butler County court following a preliminary hearing Monday before District Judge William Fullerton.
Quinones, who works for Trinity Services Group, is charged with institutional sexual assault, attempted sexual assault and indecent assault.
He is accused of sexually assaulting and harassing one inmate while sexually harassing another.
His attorney, Armand Cingolani, unsuccessfully argued the case should be dismissed due to insufficient evidence.
“This is pure hearsay,” Cingolani said.
He protested the prosecution only calling county Chief Detective Chuck Barger to relay interviews conducted with the inmates and Quinones.
Assistant District Attorney Mark Lope disagreed, saying hearsay is sufficient for a preliminary hearing.
Fullerton sided with Lope.
When Cingolani attempted to reiterate his concerns, the judge stressed the case was moving forward.
“I made my ruling,” Fullerton said.
Cingolani then said he had witnesses lined up for the hearing.
“I was denied a defense,” he said.
Fullerton again sided with Lope, saying Cingolani had an opportunity to state he had witnesses sooner and that the defense can be presented at trial.
“If I’m wrong, Judge McCune or Judge Shaffer will let me know,” Fullerton said about county criminal court judges Timothy McCune and William Shaffer.
Barger said each inmate relayed separate incidents alleging inappropriate sexual behavior from Quinones.
According to Barger, one inmate alleged Quinones grabbed him in a sensitive area while both were in the prison kitchen cooler, where there are no cameras.
Barger said the inmate stated Quinones earlier that day hit him on the rear with a food tray.
The detective said the date of the incidents was in April, but the inmate was not certain of the date.
Barger testified the second inmate alleged a May 8 incident in which Quinones hit him on the rear and tried to engage him in sexual contact in the cooler.
Barger said the second inmate reported his incident within a few days, which led to the first inmate relaying his allegations.
According to Barger, a state inmate told him Quinones had a habit of following young inmates into the cooler.
Barger also said Quinones, who admitted being gay and making suggestive remarks to other people, initially made no denials.
“He sputtered and stammered a little bit,” Barger said.
The detective said when Quinones eventually denied making inappropriate contact, he brought up details not divulged up to that point in the interview.
Fullerton cited the defendant’s own comments to Barger as helping make a case to go to trial.
Cingolani questioned why the inmates did not immediately report the alleged infractions if they were so offended by them.
He also asked if Barger interviewed any correction officers.
“My understanding was none of the correction officers witnessed anything,” Barger said.
Cingolani also cast doubt on the validity of the inmates’ claims, pointing to their criminal history.
The first inmate was incarcerated after violating probation for a use/possession of drug paraphernalia conviction.
The second inmate pleaded guilty to burglary.
Barger said he had no reason to check on the inmates’ criminal records.
“I don’t make a point of running the criminal history of victims,” he said.
Fullerton told Cingolani to drop his asking how Barger could guarantee the inmates would show up for Quinones’ trial.
The judge said Barger could not make a 100 percent guarantee.
“An asteroid could strike the planet tomorrow,” Fullerton said.
Following the hearing, Cingolani insisted he should have been permitted to call witnesses, which included corrections officers and Warden Joe DeMore.
“This ruling is an abuse of the system,” Cingolani said. “My client was denied a fair hearing. He looks forward to vindication at trial.”
Cingolani said his client has been smeared because he admits being gay.
“His accusers are all convicted criminals,” he said.
Cingolani accused the two inmates making the allegations of seizing an opportunity to turn a prison conviction into a profit-making opportunity by an eventual lawsuit.
Attorney Michael Pisanchyn, who is representing the two inmates, said his clients are not going after the county.
“Currently, we’re not looking at a lawsuit in regards to the county,” Pisanchyn said.
He did not rule out civil litigation brought against Trinity.
A company representative could not be reached for comment.
He said there are no criminal consequences for Trinity, so his clients’ only recourse is to go after the company financially.
However, Pisanchyn refuted Cingolani’s contention that the inmates are seeking a payday.
“It would be unfathomable to make this up for profit,” Pisanchyn said.
The inmates are requesting the county court release them from prison. A hearing on the furlough request was set for this morning before county President Judge Thomas Doerr.
