Jury Selection Begins for Retrial of Former FCI Dublin Officer Known as ‘Dirty Dick’

The retrial of an official charged in a sprawling sexual misconduct investigation into the East Bay women’s prison dubbed the “Rape Club” begins Thursday with jury selection.

The case of Darrell Wayne Smith, one of 10 former FCI Dublin employees charged in connection with an FBI probe that ultimately shuttered the site, has been in limbo since a mistrial this spring.

After a weekslong trial and six days of deliberation, Smith’s jury remained deadlocked on all 15 of the charges against him, which include aggravated sexual abuse and abusive sexual conduct against five women during his time as a correctional officer.

After a dozen women testified in front of the court that Smith assaulted them or that they saw him act inappropriately toward others, his defense attorneys made the case that he was scapegoated by women for financial incentives, shortened prison sentences and, in some cases, legal status to remain in the U.S. in the midst of the sexual assault scandal.

“The room was very, very split in half,” one juror told the East Bay Times after the verdict came down in April. “There was nothing concrete. It was very he-said, she-said.”

There was very little video evidence introduced in court, which U.S. Attorneys said was a result of both the culture of coverups among employees at the prison and of the time that passed before women came forward.

The juror who spoke with the East Bay Times also said that the fact that many of the alleged victims had received payments from the government in a civil suit settled last December played a “huge part” in how likely jurors were to believe their testimony.

Smith’s second trial will in some ways look very similar to his first — Oakland District Judge Yvonne Rodgers will again oversee the proceedings, and the legal teams for the U.S. and Smith remain unchanged, according to court documents.

This time around, jury selection could make one of the largest differences. Smith’s initial jury pool, which consisted of 12 jurors and three alternates, included just two women.

Prosecutors have also argued a different set of charges against Smith. A new superseding indictment filed in May removed a sole charge brought by one of the five women at trial, who alleged that Smith locked her in her cell and forced her to show him her breasts.

Her first name was used in court, but KQED does not identify survivors of sexual assault.

In closing arguments, one of Smith’s defense attorneys, Naomi Chung, accused the woman of being a sort of ring leader for the accusers, calling her “a driving force in this group of inmates.”

“[Two of the other victims] both consulted with [her] before reporting,” Chung continued.

The defense accused the women of coordinating their stories through a shared civil attorney, Jae Oh. Oh represented all three in the related class-action suit, which awarded over 100 women a total of $116 million for abuse they experienced at Dublin.

During the spring trial, Assistant U.S. Attorney Andrew Paulson pushed back against the way the defense depicted the women.

“The defendant wants you to view these women like he did: as objects … as felons … especially because some of them have immigration issues and have filed lawsuits [against him and the prison],” he said.

Like the first trial, the proceedings are expected to again largely focus on the testimony of the women, who have alleged that Smith, nicknamed “Dirty Dick” by people incarcerated at Dublin, made them show him their breasts, touched them inappropriately and repeatedly forced himself on them sexually, including through digital penetration and intercourse.

“The defendant abused all of these women with impunity,” Paulson continued. “He thought that his power, threats and intimidation would insulate him — his buddies would insulate him. Indeed, that’s what the defense is hoping will insulate him today.”

If convicted, Smith could receive a life sentence. Opening statements are slated to begin Sept. 2.