PORTLAND, Ore. — A federal appeals court heard arguments aiming to overturn the convictions of Tony D. Klein, a former prison nurse sentenced to 30 years for sexually abusing multiple incarcerated women. During the proceedings, Klein’s attorney argued that the defense team was hamstrung in its ability to adequately challenge the government’s case.
Assistant Federal Public Defender Elizabeth G. Daily stressed that the prosecution’s case lacked physical, forensic, or video evidence to substantiate claims that Klein assaulted women who sought medical care at Coffee Creek Correctional Facility between 2016 and 2017. She noted that although Klein passed two independent polygraph tests, those results could not be presented in court.
Central to Daily’s argument was the assertion that U.S. District Judge Michael H. Simon’s rulings limited the defense’s access to crucial testimony. This, she contended, unfairly tilted the trial in favor of the prosecution. Klein’s lawyers were reportedly barred from exploring the motivations of a former inmate, who had connections to several accusers, claiming she sought to manipulate the allegations for financial gain.
Daily argued that the trial court erred by excluding testimony that could have transformed the defense’s narrative. Notably, she mentioned a former Coffee Creek inmate who alleged that another prisoner had attempted to recruit her to falsely accuse Klein. This purported plot, discussed among inmates, aimed to benefit them financially through lawsuits.
Additionally, Daily stated that the court’s refusal to permit testimony regarding the alleged victims’ cooperation with law enforcement in unrelated drug investigations limited the defense’s ability to show possible motives for fabricating claims against Klein.
In defending the judge’s rulings, U.S. Department of Justice attorney Jason Lee emphasized the credibility of the women, stating that numerous accounts detailed horrific experiences of sexual abuse at Klein’s hands. Lee maintained that the defense had available resources to challenge the testimony of the women but failed to act.
The jury found Klein guilty of depriving inmates of their constitutional rights against cruel and unusual punishment and determined that he had lied under oath in related civil litigation. Testimonies from the women detailed coercive acts, including forcing oral sex and inappropriate physical contact during medical examinations.
Klein, 40, is currently serving his sentence in a federal prison in Otisville, New York. The three-judge panel presiding over the appeal included Senior 9th Circuit Judge Richard C. Tallman and Judges John B. Owens and Lawrence VanDyke.
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