Former inmate's claim of abuse goes to trial

By Heidi Bell Gease, Journal staff | Wednesday, February 20, 2008

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No one disputes the fact that correctional officer Jermaine Leonard had sexual contact with Mindy Kahle in her cell at Pennington County Jail on Dec. 14, 2002.

What is disputed is whether the contact was rape or consensual.

Kahle's civil suit, which began Tuesday in U.S. District Court, also accuses Pennington County Sheriff's Deputy Tim Malone, who was supervising Leonard, of failing to protect her by not doing his job.

"What happened in this case was abuse," Steve Beardsley, who represents Kahle, said. In opening statements, Beardsley told the eight-man, four-woman jury that Kahle was sexually abused three times in a 40-minute time span at the jail.

He said Kahle, who was there awaiting trial on felony charges, was afraid to call for help or to report Leonard, who was nearing the end of a six-week training period.

A woman housed in the cell below Kahle's is expected to testify that she heard Kahle get slammed into the wall that night. When she tried to get Malone's attention by yelling, the woman said Malone looked at her, then went back to doing a written evaluation of Leonard.

Beardsley said Malone disregarded lights on a control panel that indicate when a cell door is open after lockdown, when all inmates are supposed to be locked in their cells. Leonard, 27, went into Kahle's cell three times that night, which violated jail policies that are meant to protect inmates and staff alike.

As a result, Beardsley said, Kahle now suffers from nightmares, panic attacks, post-traumatic stress disorder and depression. He acknowledged that Kahle -- now serving time at the state women's prison for robbery and assault -- has made mistakes, but he said she is trying to better herself.

"What she deserves is justice," he said.

Leonard's attorney, Tom Brady, asked jurors not to "leave their common sense on the courthouse steps."

"Jermaine breached rules. Undisputed," he said. "You're not supposed to have sexual contact with an inmate."

But Brady said letters Kahle wrote to her brother before the alleged assaults will show that Kahle initiated the contact.

In one letter, Kahle told her brother she and another woman inmate "ran the place." She also claimed to have correctional officers giving her information and a maintenance man slipping her candy, Brady said.

Brady quoted one letter that read, "I know I could have any of them fools bring me in whatever I want them to." Another letter, which Brady believes refers to Leonard, read, "I wish this new guy was on our block. He'd be easy."

Brady told jurors testimony would show that when Leonard walked by Kahle's cell Dec. 14, she was dancing in her room and rubbing herself.

He said jurors would have to decide whether Kahle's psychological problems were actually related to her childhood history of sexual and physical abuse rather than her contact with Leonard.

Malone's attorney, Don Knudsen, told jurors that Kahle's lawsuit against Malone is based on her Constitutional right to be protected.

Knudsen said Kahle's attorneys must prove that she was subject to "substantial risk" of harm and that Malone, knowing that, had intentionally or recklessly failed to protect her.

He said Leonard, who was nearing the end of a six-week training period at the time of the incident, was making routine cell checks, which shouldn't have required Malone's constant supervision. Knudsen said it wasn't unusual that Malone didn't notice the control panel lights indicating an open cell door because the lights are small and the control panel was behind him.

Knudsen also noted that Kahle did not call for help. Since Malone wasn't aware of any risk of danger, he couldn't intentionally fail to take action, Knudsen said.

Malone is still employed by the sheriff's office.

Kahle's civil suit originally named Sheriff Don Holloway, the sheriff's office and the Pennington County Jail as plaintiffs, along with Leonard and Malone. Those charges were dismissed.

In 2003, Leonard pleaded guilty in 7th Circuit Court to having sexual contact with Kahle while she was an inmate. He was sentenced to several months in jail.

Kahle is seeking an unspecified amount for damages. The case continues through the week.

Contact Heidi Bell Gease at 394-8419 or heidi.bell@rapidcityjournal.com