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FISHER'S CHIEF ACCUSER RECEIVES TRANSFER TO DOWNSTATE PRISON ON DAY OF TESTIMONY

Amy Fisher remains in Albion Correctional Facility against her wishes, but her chief accuser -- on the same day she testified against Ms. Fisher -- was transferred to a downstate prison she earlier requested.

Ms. Fisher's attorney called the transfer a reward for Lillian "Lucky" Nieves' testimony for the state Corrections Department Monday that Ms. Fisher tried to set up a corrections officer on a rape charge.

But a top-ranking Albion official, Capt. John Sherlock, testified Tuesday that Ms. Nieves got no special treatment for her testimony.

"There is no reward for inmate Nieves that I'm aware of," said Sherlock, who is third in the chain of command for security at the all-women's prison near Rochester.

He said that the decision to transfer Ms. Nieves, who testified to drug use and sexual activities at the prison, was made some time ago, at her request, and that she only had been kept at Albion pending her testimony during Ms. Fisher's hearing.

Sherlock also said that with Ms. Nieves now moved to Taconic Correctional Facility, he sees no reason why Ms. Fisher cannot be moved back into the general population at Albion and out of virtual solitary confinement.

Part of the reason Ms. Fisher was put into involuntary protective custody Aug. 26, he said, was Ms. Nieves' allegations against her.

He also said that Albion corrections officers whom Ms. Fisher has accused of raping her would no longer be barred from having any contact with her as they are now when she's in protective custody.

"Inmate Fisher is going to be treated just like the other 1,350 inmates at the Albion Correctional Facility," Sherlock testified.

Sherlock's testimony came in U.S. District Court as the state continues to dispute Ms. Fisher's claims that she should be transferred immediately from Albion because she has been sexually abused and harassed by guards.

Judge Richard J. Arcara is conducting the hearing as part of Ms. Fisher's multimillion-dollar suit against the state Corrections Department and a number of its officers.

Ms. Fisher, 22, has served more than four years of a five- to 15-year sentence for shooting the wife of her former lover, Joey Buttafuoco.

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