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| Pierce County sued over jailhouse rape of teenager |
| By Associated Press |
| Published: 04/19/2004 |
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The jailhouse rape of a teenager by his cellmate, a sex offender who had told authorities he was fighting urges to molest and hurt children, has resulted in a lawsuit against Pierce County (Wash.). The case for unspecified damages was filed in Superior Court by the father of the victim, 17 at the time, after the county rejected a $5.6 million damage claim. "They had to really make a huge mistake for this to happen," the father said. "It's like a surgeon leaving the utensils inside the body. You can't get into a worse situation." According to the lawsuit, the boy was mentally slow with an intelligence quotient of 79 but was in the adult jail because he was facing trial as an adult on a burglary charge. Meanwhile, David Marshall Nelson was being held for investigation of failing to register as a sex offender. On Dec. 15, 2002, shortly after his arrest, Nelson told a police officer he felt suicidal for lack of help in controlling urges to molest and hurt children. Within two months he and the boy were assigned to the same cell in an area for inmates with mental problems. On Feb. 5, 2003, the teen wrote a note to an officer and drew a picture depicting Nelson raping him. Nelson was convicted in November of second-degree rape and was sentenced to life in prison under the state's "Two Strikes You're Out" law for sex offenders. Sheriff's Detective Ed Troyer said it was the only rape claim to be sustained in the old lockup over the last five years. A dormitory-style layout in the county's new jail provides more security because an officer is always in the same room with inmates, corrections Sgt. Leah Ausburn said. Jail booking records show the teenager was susceptible to being taken advantage of because of his youth and mental capacity, said Jack Connelly, a lawyer for the family. A lawyer for the county, Ron Williams, said it was unclear who in the jail knew what and when about Nelson's statements. Craig Adams, a lawyer for Sheriff Paul Pastor, said officials probably could have done a better job of cellmate assignments but denied that anyone was negligent. |
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