Last updated: August 24. 2013 9:04PM - 221 Views

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LIMA — The investigation into whether a guard's actions led to the alleged rape of an inmate is complete, with no charges filed.

There will be no criminal charges filed against guard Theresa Daniel, 60, or any inmate over an allegation of an assault in a cell at the Allen Oakwood Correctional Facility, said JoEllen Smith, a spokeswoman for the state prison system.

Daniel returned to work Tuesday and was assigned to another post, officials said.

The Ohio State Highway Patrol investigated the incident, and the case was presented to the grand jury in Allen County this week. The grand jury refused to indict Daniel or the inmate who allegedly assaulted another inmate, said Lt. Anne Ralston, a patrol spokeswoman.

The investigation found one inmate was in handcuffs, but there was no evidence of harm. No DNA from the other inmate was found on the alleged victim, Ralston said.

The accused inmate agreed to a lie detector test and passed, Ralston said.

Furthermore, the inmate who said he was attacked told several versions of the story to investigators, Ralston said.

He had alleged he was handcuffed for a long time. He had several opportunities to tell various staff members he was handcuffed but never brought it to anyone’s attention, Ralston said.

The state prison system continues to investigate whether Daniel violated any departmental policies, Smith said, but would not comment on what those may be.

“Until the investigation is complete and the disciplinary process is completed, I will not be able to give any details,” she said.

The investigation centered on an allegation made by one inmate against another. One man said he was placed into a segregation cell with another inmate while handcuffed. He said he was attacked and sodomized by the other inmate.

Daniel has been a guard at the prison since 1996. She was placed on paid administrative leave Jan. 19.

Inmates are handcuffed when being transported around the segregation unit but are not left in cells in handcuffs, officials said.

The man who made the allegations has been moved to another prison while the other inmate remains at the local prison, said Cori Smith, an assistant to the warden at Allen Oakwood Correctional.

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