By PATTI MURPHY
For the Express
The defense attorney for convicted Bellevue murderer Sarah Johnson has filed a notice of a tort claim against Blaine County and the Blaine County Sheriff's Office, claiming that because of "negligent and reckless supervision, training and retention of staff" on the part of the sheriff's office Johnson was allegedly raped in jail by a male inmate.
"The Blaine County Sheriff's Office allowed an adult male inmate access to (Johnson), an incarcerated minor," states the tort claim filed by attorney Mark Rader, who is working for Johnson pro bono. "As a result, (Johnson) was subjected to rape and other sexual acts by (the male inmate) repeatedly in March and April of 2004."
It also states Johnson was threatened with retaliation by a sheriff's deputy, who allegedly told her that if she "pursues the rape issue, she will have trouble," and that officers would keep moving her around to inhibit her contact with her attorneys and investigators.
Rader indicated that Johnson said she received the threat while being transported from Blaine County to the Madison County Jail in Rexburg in March 2005.
Johnson was 16 when she was arrested on Sept. 2, 2003, for the murders of her parents, Diane and Alan Johnson of Bellevue.
Prosecutors said she killed her parents because they disapproved of her romantic relationship with Bruno Santos, a 19-year-old undocumented Mexican immigrant. Johnson was sentenced on June 30, 2005, to life in prison with no possibility of parole, plus an additional 15 years for using a firearm in the commission of the crime. She is serving her sentence in the Pocatello Women's Correctional Center.
Johnson's attorneys said she was raped in the Blaine County Jail shortly after she turned 17 in 2004. They have accused the Blaine County Sheriff's Office of violating Idaho State law by placing their client, a minor, in with the adult jail population.
"As a result of the wrongful, illegal and unconstitutional conduct, (Johnson) has suffered physical and emotional trauma, pain, suffering and humiliation," the tort claim charges. It goes on to seek the maximum damages provide by law to compensate for her injuries.
Phone calls to Blaine County Sheriff Walt Femling, Blaine County Prosecutor Jim Thomas and the Blaine County commissioners were not returned by deadline.
