Nassau County Corrections Officer Charged With Having Sex With Female Inmates

Barber used position as grievance officer to force inmates into sexual favors; faces up to 16 years in prison

MINEOLA, NY - Nassau County District Attorney Kathleen Rice announced today that a Nassau County corrections officer has been arrested and charged with multiple counts of rape, sexual abuse, and forcible touching following allegations by six female inmates that he used his position at the Nassau County jail to extort sexual favors.

Mark Barber, 47, of Levittown, was arrested this morning by DA Investigators and charged with three counts of Rape in the Third Degree, 10 counts of Sexual Abuse in the Second Degree, three counts of Forcible Touching, Receiving Reward for Official Misconduct in the Second Degree, six counts of Promoting Prison Contraband in the Second Degree, and 35 counts of Official Misconduct. He faces up to 16 years in prison. Barber was arraigned this afternoon in First District Court, Hempstead. Bail was set at $25,000 bond or cash. He is due back in court January 4.

Rice said that from approximately August 2007 through March 2009, Barber, acting in his capacity as a grievance officer for the Nassau County Correctional Center’s (NCCC) female inmate population, engaged in various ongoing, inappropriate relationships with female inmates. These relationships ranged from providing cigarettes and private phone calls to engaging in various levels of sexual activity with select inmates.

According to New York State Penal Law, “a person is deemed incapable of consent when he or she is committed to the care and custody of a local correctional facility…and the actor is an employee...” (PL 130.05 (f)).

“This defendant used the influence of his position to terrorize, rape, and abuse vulnerable inmates,” Rice said. “For a variety of important reasons, it’s illegal for jail staff to engage in romantic relationships with the inmates they oversee. The law does not allow these women to consent to this activity because of this vulnerable and dangerous dynamic. For a jail staff member to use his leverage to sexually abuse inmates is despicable.”

Rice said that Barber would target inmates who had histories of drug abuse, prostitution, or mental health treatment.

Barber began his tenure as a corrections officer at NCCC in December 1987. He began serving as a grievance officer in December 2005.

As a grievance officer, Barber received complaints from inmates about medical care and quality-of-life issues. Grievance officers then interview inmates who file grievances and determine what action, if any, should be taken by the jail. Barber’s position, as well as his added responsibilities as a Fire Safety Officer, gave him unique and unfettered access to the jail and the inmates confined to it.

The DA’s Office and the NCCC Internal Affairs Unit began investigating Barber in March 2009 after a female inmate alleged that Barber tried to kiss her while she was assigned to a work detail under his supervision. The investigation revealed that at least five other inmates had inappropriate and, at times, sexual contact with Barber.

Rice said that Barber would often arrange private phone calls, provide cigarettes and deposit money into the commissary accounts of the female inmates he was involved with.

“Not only was he preying on these women, but he was endangering the entire prison population and staff by disregarding the jail’s safety protocols and flaunting the rules,” Rice said.

The District Attorney would like to thank the Nassau County Correctional Center staff, officers and sheriff for their assistance and involvement in this investigation.

Deputy Chief and Assistant District Attorney Karen Bennett and Assistant District Attorney Andrew Garbarino of the Public Corruption Bureau are handling the case for the District Attorney's Office. Barber is represented by Fred Annibale, Esq.

The charges are merely accusations and the defendant is presumed innocent until and unless proven guilty.