Ex-sheriff to stand trial for sexual misconduct

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ARAPAHO — A former sheriff was ordered Wednesday to stand trial on felony charges that accuse him of demanding sex from female inmates in exchange for his help in getting them into a drug court rehabilitation program.

Special Judge Paul Woodward found there was enough evidence to bring former Custer County Sheriff Mike Burgess to trial on 35 charges, including rape, following a two-day preliminary hearing during which several inmates testified that they feared they would be sent to prison if they didn't perform sexual acts on Burgess.

Burgess was a member of a drug court panel that decides which offenders are allowed into the rehabilitation program and which are sent to prison.

No arraignment date was set. Burgess was ordered to return to court on Aug. 25 to appear before his trial judge, who has not been named. Woodward allowed Burgess to remain free on bond.

Burgess, 55, showed no emotion when the judge announced his decision and made no comment as he left the courthouse with his wife, who sat through both days of testimony.

His attorney, Steve Huddleston, said he looked forward to bringing the case to trial to prove his client's innocence.

"Just because someone comes up and says something doesn't mean it's true," Huddleston said. "The credibility of the female witnesses, all of whom have faced multiple felony counts of drug and other offenses, will play a crucial role in the trial. We have a lot of evidence to present."

Special prosecutor Mike Boring said the offenses against the drug court participants had created "extremely difficult circumstances for every one of them."

"Most of these offenses are aggravating, especially when they come from any public official who had imposed upon them the duty of care and trust," he said.

Among the drug offenders who testified was an inmate who said Burgess ordered her to perform sexual acts on him in his office, and also picked her up at her home, drove her to a remote location and demanded sex.

Another woman testified that Burgess visited her at motel rooms and demanded sex. "I just tried to black out the whole thing. It was bad," the woman said.

A third female inmate testified that Burgess gave her alcohol and then had sex with her multiple times during trips to Oklahoma City to promote the drug court program.

She told prosecuting attorneys she was afraid not to have sex with him.

"I would have gone to prison if I hadn't," she said.

The Associated Press typically does not identify victims of sexual assault.

Among the felony charges Burgess is facing are 14 counts of second-degree rape, seven counts of forcible oral sodomy and five counts of bribery by a public official. If convicted, he could face up to 467 years in prison.

Under state law, a prisoner cannot consent to sexual relations with a jailer or someone else who controls the conditions of the prisoner's confinement.

Burgess resigned as sheriff in April from the position he had held since 1994. Evidence against him first surfaced in a federal lawsuit filed on behalf of 12 former jail inmates that alleged sheriff's employees had them engage in wet T-shirt contests and offered cigarettes to women who would flash their breasts.

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