Inmate claims rape after alleged body cavity search

An inmate’s attempt to prosecute a Warren County jailer for rape after an alleged body cavity search has been refuted by Sheriff Jackie Matheny and apparently rejected by the Warren County grand jury.

‘We would never tolerate anything like that here,’ said Sheriff Matheny of allegations made by now-state-prison inmate Robert Yates. ‘We looked into it and never found any evidence it happened. We didn’t take his allegation lightly, even considering who was making the allegation. I just don’t think it happened.’

Yates, 40, is serving 30 years in the state penitentiary for robbing Mark’s Market on Bybee Branch Road and cutting the hand of a clerk there with a knife.

From his prison cell in Pikeville, Yates maintains a jailer, who has since left employment with the sheriff’s department, conducted a body cavity search on him while he was waiting for trial on the robbery charge ‘ despite the fact such searches can only be conducted for cause by a licensed medical professional.

‘A jailer is not qualified to perform cavity searches,’ Yates maintained in a letter written to the Southern Standard, noting he had requested permission to take his case before the local grand jury, permission which was reportedly granted this past term. It is believed the grand jury refused to issue a criminal indictment against the jailer. The exact outcome is under seal, however no indictment has been rendered.

While turned down by the grand jury, Yates included a letter from his attorney, Tracy Caten, which tends to show she found evidence her client was cavity searched by a jailer.

In the letter, Caten wrote, ‘I have investigated your sexual assault claim and have learned the reason the sheriff’s deputy searched your body cavities is because the last time you went to Warren County Jail you hid an object (in your rear) which you later used to stick in your stomach so you could go to the hospital,’ Caten wrote her client, adding that his smuggling of contraband brought on the search. ‘It is no wonder the sheriff’s office searched you in the manner that they did.’

Matheny confirmed that Yates had smuggled in an object in the past to injure himself so he could be taken to the doctor. However, the sheriff pointed out jailers know the policy when it comes to cavity searches.

‘We can strip search anyone for cause but when it comes to cavity searches this is something our officers do not do,’ Matheny said. ‘If I thought this happened, I’d be the first to act, but I don’t think things happened as he said.’

Yates maintains he has had to undergo psychological counseling to deal with the mental trauma caused by the incident. Matheny suggested Yates had mental issues even prior to his incarceration for the market robbery, noting Yates has been known to be less than honest in the past.