In August or September of 2017, Merrill would allegedly come and unlock the cell of a woman described only as “Jane Doe 2” a few times a week while working the night shift. He’d bring her food and tell her she was beautiful, according to the lawsuit—allegedly in an effort to groom her.
Then his behavior changed. He allegedly started grabbing his penis when he saw Jane Doe 2, although she’d try to pretend she was asleep to avoid him coming into her cell.
At one point, Merrill allegedly told Jane Doe 2 to touch his penis. Fearing retaliation or harm, she complied.
Later, under the weight of what the lawsuit described as “constant sexual harassment,” Jane Doe 2 overdosed on medication so she’d be moved to suicide watch and away from Merrill.
Then, around October 2017, when officers with the investigative services unit approached Jane Doe 2 to ask about the conduct of a different officer, she shared her allegations of sexual abuse and harassment by Merrill.
Officers with the investigative services and internal affairs units, including Spinney, “told Jane Doe 2 that she had to be part of a ‘set-up’ to catch Officer Merrill in the act,” according to the lawsuit. She was scared, but officers allegedly told her nothing would happen to her, that there’d be a camera and audio recording device in the room, and that she could say the code phrase if she felt threatened. She was also allegedly told to flirt with Merrill.
Around this time, after she was removed from suicide watch, Jane Doe 2 was placed in a cell with another woman, identified in the lawsuit only as “Jane Doe 3.” The women, terrified of Merrill, had begun to sleep in the same bed to feel safer.
One night, Merrill allegedly came into their cell repeatedly. One of the times, he grabbed Jane Doe 3, who didn’t know that Jane Doe 2 had worked with other officers to plant a recording device in the room.
Merrill digitally penetrated Jane Doe 3’s vagina against her will, according to the lawsuit.
Though Jane Doe 2 used the code phrase “Can we get some pizza?”, no one, including Spinney, came,
according to the lawsuit.
Then, when Merrill allegedly attempted to push Jane Doe 2’s face down onto his penis and digitally penetrated her vagina, she again stated: “Can we get some pizza?” Still, nobody stopped the assault. (Spinney, when reached by VICE News, said he could not comment on active litigation.)
“Only after both women were sexually assaulted, and digitally penetrated, against their will and without their consent, did ISU and IA come to the room, place plastic bags over both of Officer Merrill’s hands, and remove him,” according to the lawsuit.