Prosecutors launch criminal probe of Mercer jail wardens
TRENTON » Mercer County Warden Charles Ellis and Deputy Warden Phyllis Oliver are under investigation over allegations ranging from sexual misconduct to overtime abuse.
The Mercer County Prosecutor’s Office confirmed it launched a criminal probe into the jail bosses’ conduct.
The investigation comes on the heels of a lawsuit brought by a corrections nurse and a lieutenant, who say they were retaliated against by the jail bosses. It also follows a complaint from the county corrections officers union, delivered to County Counsel on Thursday, blaming the wardens for helping cultivate a “false impression of problems at the jail” that is being used “to support closing the jail.”
The complaint alludes to Mercer County Executive Brian Hughes’ controversial push to relocate inmates to Hudson County.
The nurse said Ellis and Oliver were vindictive toward her for turning down repeated requests for a threesome, while the complaint, relying on Oliver’s pay and overtime records obtained from a public records request, laid out her “outrageous and unsupported” OT claims.
First Assistant Doris Galuchie confirmed to The Trentonian her office is investigating “any and all allegations against Warden Ellis and Deputy Warden Oliver that could possibly result in criminal charges.”
The county was made aware of the criminal investigation last Friday – the day after the union lodged the complaint charging that officers are being made “scapegoats for the misconduct at the top.”
The county is cooperating, Galuchie said.
The prosecutor-led probe centers on allegations of criminal sexual contact by Warden Ellis.
The nurse contended in her lawsuit she was brought into Ellis’ office at the jail one day, and while inside, he touched her breasts and butt without permission or consent.
Mercer County prosecutors are also exploring accusations the jail bosses retaliated against workers, which could result in charges of official misconduct, a serious offense carrying a mandatory five years in prison upon conviction if prosecutors find evidence of it, Galuchie said.
“The fact that we are investigating should not be interpreted to mean that we believe charges are appropriate,” the first assistant said. “That decision will be made when the investigation is complete.”
In addition, prosecutors are zeroing in on complaints about Oliver’s exorbitant overtime gains.
Payroll records through December reviewed by The Trentonian showed Oliver earned more than $25,000 in extra pay in 2017, bumping up her yearly salary to more than $153,000.
That was more than Warden
Ellis, a state corrections retiree, who makes $144,696 a year to run the jail.
But it was a drop in the bucket, the union said, compared to her other yearly totals.
The Times of Trenton first reported the union, PBA Local 167, filed a mismanagement and malfeasance complaint alleging Oliver’s OT pay was through the roof.
The union contended Ellis signed off on the “outrageous” OT and comp time totals for Oliver, who has been accused of carrying on a romantic relationship with her boss – charges she vehemently denied through a spokeswoman. The union charged the wardens with running the jail for “their own benefit” while ruling with an iron-fist, meting “out harsh punishments against officers for being a minute or two late to work.” “Oliver is the worst offender, and Ellis is her enabler,” the union said, noting records showed Oliver got OT for being “on call,” doing “paperwork” or “reports.” The union blasted Oliver for claiming “16 or 18 hours of overtime plus 8 hours of regular work in the same day.” “Her overtime claims are in violation of rules and common sense,” the union argued, pointing out Oliver’s total compensation ballooned over $200,000 from 2014 through 2016. The complaint stated and the records showed that in 2014 Oliver, then a lieutenant, earned more than $79,000 in overtime on top of $93,856 regular pay. She made more than $200,000 when sick and vacation pay was factored in, the records show. In 2015, her overtime pay shot up to $114,000 and she netted more than $233,000, the records show. Oliver was promoted to deputy warden in 2016 after the Civil Service Commission ruled she couldn’t continue as a lieutenant “Her reward for this negative decision was a $20,000 increase in pensionable salary and an enhanced management role as deputy warden, notwithstanding her lack of qualifications for this promotion,” the union wrote, blasting Oliver for banking more than 1,000 hours of compensatory time which she steadily cashed out. “No officer or superior would ever be allowed to ‘game’ the system in this way,” the union said. “The warden and deputy warden are not above the rules.” A county spokeswoman referred comment to the county prosecutor’s office. She did not respond to follow-up questions about the statuses of Ellis and Oliver. The wardens’ problems started after a sexually charged lawsuit surfaced. Last week, The Trentonian reported the jail bosses were still on the job amid a separate internal investigation the county has launched into the jail workers’ allegations. An attorney for the women who are suing over their mistreatment said it would be a “wise move” for the county to place the wardens on leave while prosecutors investigate. In addition to allegedly propositioning the nurse for a ménage a trois, the jail bosses are accused of pressuring the nurse to have an overnight pajama party. She also contends she was with Oliver when she bought her boss Ellis porno flicks and allowed him to watch them in the basement of her home. Arthur Murray, the Alterman & Associates attorney representing the corrections couple in the lawsuit, welcomed the criminal probe. He said his clients haven’t been contacted by prosecutors but are willing to be interviewed. The corrections officer and nurse complained to the county last January about the wardens’ treatment. Both were interviewed by county officials during an administrative probe but it apparently went nowhere, the lawyer said. Murray said his clients got no answers when they asked about the outcome. He said his clients didn’t contact the prosecutor’s office after the internal review because “99.9 percent of the time you don’t go to them unless there’s a rape or a serious sexual assault.” Since The Trentonian broke news of the allegations against Ellis and Oliver, Murray’s office has been contacted by a half-dozen correction workers who alleged they also faced retaliation from the jail wardens. Others are willing to be witnesses for the nurse and corrections officer, Murray said. Staff writer David Foster contributed to this report