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Guards face trial on sex charges
Friday, July 23, 2004

Two more Allegheny County Jail guards yesterday were ordered to stand trial on charges they had sexual encounters with inmates, and a third waived his right to a preliminary hearing.

District Justice Charles A. McLaughlin ordered Corrections Officer DePaul "Smitty" Smith to stand trial on a charge of institutional sexual assault.

A male inmate who has been at the jail for nearly two years testified at yesterday's hearing that Smith, 49, of the North Side, forced him to perform sex acts on four occasions between December 2002 and March 2003.

The inmate said that Smith sometimes provided cigarettes or commissary treats that otherwise are considered contraband at the jail.

Smith already was awaiting prosecution on charges that he had sex with a female county jail inmate.

It is the first time in the ongoing investigation that a male inmate has accused a male guard of demanding sex.

Under state law, jail and prison guards, if convicted of institutional sexual assault, can be sentenced to prison even if it was consensual sex.

Under cross-examination by defense attorney Michael B. Kalocay, the inmate yesterday admitted that he is awaiting trial on a theft charge. He also testified that he is being held for violating his probation following previous convictions for theft and receiving stolen property.

McLaughlin ordered guard Robert Virgili, 36, of Sarver, to stand trial on a charge of institutional sexual assault after a woman testified against him yesterday.

The woman said she had been housed in a mental health unit because she tried to commit suicide while an inmate there in 2002.

In October 2002, the woman said, Virgili approached her in the inmate library and offered her $200 to perform a sex act. The woman said she never was paid.

Corrections Officer William H. Woznichak Jr., 39, of McKees Rocks, waived his hearing. Woznichak already was awaiting trial after another female inmate accused him of having sex with her.

Corrections Officers LeShawn Walker, 22, of Duquesne, who is awaiting trial, and Brian VanDusan, 34, of the Hill District, had their hearings postponed.

First published on July 23, 2004 at 12:00 am
Jim McKinnon can be reached at jmckinnon@post-gazette.com or 412-263-1939.
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