Amy Fisher had sexual relations with a guard at Albion State Correctional Facility last April as part of a plan to get a sample of the officer's semen so she could allege that she was raped, a fellow inmate testified in federal court Monday.
It was part of Ms. Fisher's plan, the inmate testified, to force prison officials to give her a transfer to another prison with a more liberal parole board so she could get out of prison sooner.
Lillian "Lucky" Nieves, 38, a convicted drug seller from Manhattan who described herself as once a close friend, said that if Ms. Fisher had sex with any corrections officer, as she has alleged, it was consensual.
"You can't rape the willing," she said as Ms. Fisher sat across the courtroom, taking notes on a legal pad.
But Ms. Fisher's attorney questioned the accuser's credibility, suggesting that she offered to testify against his client to gain a shorter prison sentence.
The bawdy testimony itself, although possibly helpful to the corrections officers Ms. Fisher accuses of raping her, makes the women's prison west of Rochester seem like a place where prisoners routinely break the rules.
Ms. Nieves said that she has used heroin inside the prison walls, that Ms. Fisher carried on affairs with other women, as well as with guards, and that she herself was a lesbian who regularly has lovers at Albion.
"Isn't that against the rules to have sex with other inmates?" Ms. Fisher's attorney, Glenn E. Murray, asked Ms. Nieves.
"Then I guess we're all going down," Ms. Nieves said, "because we're all doing it."
She said Ms. Fisher confessed the scheme to implicate a corrections officer in the prison law library in April when the two were still friends.
"We shared everything, our clothes, our footwear, everything," Ms. Nieves testified in U.S. District Court, where Judge Richard J. Arcara is holding
hearings on Ms. Fisher's allegations of sexual assaults and harassment at the Albion facility. "She was like my little sister," Ms. Nieves said. "Anything that went down on her, I was there for her."
Ms. Nieves, a small, street-smart inmate with a brush cut, gave Arcara and the courtroom an X-rated primer about the prison life she leads. She said Ms. Fisher told her that she was growing impatient that she was still at Albion despite her efforts to be transferred to another prison.
She said Ms. Fisher, 21, who is serving a 5-to-15-year term for shooting her former lover's wife on Long Island, was upset that nothing had happened after she had a pair of semen-stained underwear smuggled out of the prison last year by her mother.
Ms. Fisher had accused the officer, Bruce Kuttner, of raping her but said that nothing was being done about it. Kuttner, who had spent 18 years in the Department of Correctional Services, resigned days after Ms. Fisher filed her lawsuit in July and has not been located by investigators.
"She said it was time to go another route; she needed another 'vic' to get some more semen," Ms. Nieves said, explaining to Arcara that 'vic' meant victim.
The witness said Ms. Fisher picked out the new officer and then met him after hours in the prison law library.
Ms. Nieves said she disagreed with the plan.
"I said he's disgusting, he's a pervert," she said of the guard Ms. Fisher picked out.
Asked why she thought the officer perverted, she said he routinely grabbed women by the breasts while frisking them.
She said Ms. Fisher reported to her that night that although she performed a sexual act with the officer, her plan failed because she was unable to obtain a sample of the man's semen.
Ms. Fisher, who has filed a multimillion-dollar lawsuit against the Department of Correctional Services and various Albion officers, alleges that she had sexual relations with at least five officers and has testified that some of those incidents were rapes.
Her attorneys argued that any sexual act was a rape because she was in no position to say no to a guard. Last summer, New York State made it a felony for any guard to have sex with an inmate.
Ms. Nieves said that last summer, she tested positive for heroin and was sentenced to spend 90 days in solitary confinement.
Ms. Nieves said she implicated Ms. Fisher after learning that Ms. Fisher had accused her of taking her belongings. She denied Murray's accusations that she was seeking revenge but acknowledged that she told on Fisher to give her "a taste of what she gives to everyone else."