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It was a tall order for plaintiffs' attorney Steven Beardsley – convincing a panel of jurors to take the word of a felon over that of a prison guard.

But Beardsley came through, and his client, a prisoner who alleged she was sexually abused by a corrections officer on three occasions, was awarded $1.1 million.

Inmate Mindy Kahle claimed that on Dec. 14, 2002, guard Jermaine Leonard, wrapping up a six-week program as a trainee, entered her cell after lockdown and sexually assaulted her, then violated her two more times in a 40-minute time span.

Kahle was incarcerated at Pennington County Jail in Rapid City, S.D., awaiting trial on felony charges for robbery and assault. She is scheduled for release late next year.

Kahle claims she now suffers from post-traumatic stress disorder, depression, panic attacks and night terrors.

Defense attorneys could not be reached for comment, but Beardsley said he expects an appeal.

Inconsistent testimony

During the five and a half years between the complaint and the trial, Beardsley said his client's story never wavered. Leonard's story, on the other hand, was rife with inconsistencies, he said.

Throughout his deposition and subsequent testimonies, Leonard's story explaining why he entered Kahle's cell changed four times. First, he claimed he saw drawings in her cell he wanted to trace. Second, he claimed he was waved in by the plaintiff. Third, he claimed Kahle was dancing seductively to coerce him into the cell. And finally, on the stand he claimed she was dancing and rubbing herself to get him to enter.

Leonard's case was also undermined by his evolving recollection of what happened within the cell.

In his first statement, Leonard denied performing oral sex on Kahle. During his deposition, however, he admitted that he lied about this. But then at trial, he claimed he didn't even know what oral sex was, according to Beardsley.

Immediately after Leonard's testimony, Beardsley showed jurors the videotaped deposition and how it differed from what Leonard told them on the stand.

In the taped deposition, Leonard also claimed Kahle unzipped his pants. His initial statement said he unzipped. At trial, he claimed to unzip halfway, and Kahle unzipped the rest of the way.

"He wasn't telling the whole truth. The jury could see he was a liar," said Beardsley.

'She could hardly get the words out'

Another challenge for Beardsley was to counter Leonard's claim that his sexual relationship with Kahle was purely consensual.

According to Beardsley, Kahle didn't report the assault because she was concerned nobody would believe her. So the matter was reported by another inmate, Brenda Kinstead, whose cell was directly below Kahle's at the time of the attack. Kinstead also testified Leonard had previously flirted with her and that both she and Kahle ignored his advances.

"Brenda believed something happened; she said she heard Mindy being thrown against a wall," said Beardsley.

In response to Kinstead's report, the sherriff's department launched an investigtation and Kahle described the attack in a recorded interview.

"She was crying, upset, she could hardly get the words out," said Beardsley, who played the tape in its entirety during trial.

The investigator, Misty Grey, testified at trial about Kahle's traumatized demeanor during the interview.

No improper supervision

Although the jury found for the plaintiff against Leonard, it rejected a claim against his supervisor, Tim Malone, for improper supervision.

According to Beardsley, Malone ignored a control panel that lights up if a cell door is open at lockdown. He also ignored Kinstead calling out to him while the assault was taking place.

"[Malone's] attorneys argued he couldn't know what Leonard was doing," said Beardsley. "I disagreed. Common sense would tell you he had to know."

After five days of trial and six hours of deliberations, the eight-man, four-woman jury awarded Kahle $600,000 for pain and suffering and mental anguish, as well as $500,000 in punitive damages.

In 2003, Leonard pled guilty to improper sexual conduct with an inmate and was sentenced to several months in jail.

Beardsley said he believes the case will reinforce prisoners' rights in future cases.

"The jury had to believe somebody convicted of a felony," said Beardsley. "But they showed you can not take advantage of a person just because of a felony conviction. She is a human being and deserves her dignity."

Plaintiff's attorney: Steven C. Beardsley of Beardsley Jensen and Von Wald of Rapid City, S.D.

Defense attorney: Tom Brady of Brady Pluimer in Spearfish, S.D.

The case: Kahle v. Leonard, Feb. 23, 2008; Western District Court of South Dakota, Pennington County, Judge Patrick J. Schiltz.

Questions or comments can be directed to the writer at: justin.rebello@lawyersusaonline.com.