• Forecast
  • News Tip
  • Categories
Temperature Precipitation
Estimated read time
3m 45s

Prisons failed to protect against murderer Wade’s sexual assault, lawsuit alleges

By KTVA Alaska 11:06 PM July 15, 2013

Known only in court filings as ‘BFS,’ man claims Wade and others sexually assaulted him behind bars

ANCHORAGE – Failure to protect him from violent criminals, including Joshua Wade: that’s what the man known only in court documents as “B.F.S.” alleges the State of Alaska Department of Corrections is guilty of. He’s filed a lawsuit against DOC in civil court seeking $100,000 for pain and suffering.

In the lawsuit, which has been working its way through Alaska courts since 2011, attorneys representing B.F.S. said the case goes all the way back to 2009. That’s when Joshua Wade — one of Anchorage’s most infamous murderers, who confessed to two brutal killings in 2010 to avoid the death penalty—was sitting in a Washington state prison. At the time, he had already been acquitted of one violent murder, and was awaiting trial for the killing of Mindy Schloss.

While there, Wade was kept in special housing away from other inmates because of “temper” and “rage” issues, including the attempted assaults of other inmates; a housing decision corroborated in court documents by a signed letter from the Federal Detention Center in SeaTac, Washington by Warden Robert T. Palmquist.

When Wade returned to Anchorage, however, Alaska DOC admits he was placed in general population at the Anchorage Correctional Center. That’s where B.F.S.’ lawyers said the state failed. In May 2009, B.F.S. claims Wade sexually assaulted him when Wade lured him into his cell and forced him to perform a sexual act, under threat the “he would quote never see his family again.” A “notorious” criminal like Wade, lawyers bringing the suit argue, should never have been allowed such access to other inmates.

B.F.S. reported the incident and provided a corrections officer on duty with DNA evidence, but B.F.S.’ attorneys allege it was not preserved; attorneys general familiar with the case, however, said the DNA evidence was collected and remains intact and in the posession of DOC’s crime lab. Wade was then separated from other prisoners, a move B.F.S.’s lawyers said should have been the case from the beginning.

The lawsuit also claims this wasn’t the first time Wade had assaulted B.F.S., mentioning another incident dating to 2003 when both men were temporarily housed in Arizona as prisoners of Alaska DOC.

Further, the suit alleges Wade isn’t the only inmate B.F.S. claimed the state failed to protect him from. Also named as a perpetrator is Sabil Mujahid, an inmate with a history of violent crimes, including sex trafficking. While Mujahid was serving time for those crimes, he was also convicted in 2010 of abusing three inmates, including B.F.S., and was sentenced to an additional 40 years for those crimes. In the suit, lawyers allege that Mujahid not only sexually assaulted B.F.S., but was also able to request—and have that request granted—that B.F.S. be housed with him.

In all, lawyers have brought eight “claims of action” against the Department of Corrections in the civil suit, ranging from negligence, negligent infliction of emotional distress, and spoliation of evidence. In virtually all claims, lawyers for B.F.S. claim DOC owed their client a “duty of care” and failed to manage the prison population in a way that promoted “safety and order.”

In court papers the State of Alaska Department of Corrections asserts it hasn’t done anything wrong, objecting to 22 of 29 requests of admission by B.F.S.’ lawyers. Among the state’s refutation, they write that: claims that Wade’s murder trial “garnered significant media attention” are “vague;” that the “special housing unit” that isolated Wade from other inmates while imprisoned in Washington state is “undefined and vague;” and that the medical condition known as fetal alcohol syndrome (a syndrome that B.F.S. has been diagnosed with) is a term that is “undefined and vague.”

Assistant Attorney General Jonathan Woodman said Monday he was familiar with the case, and that the state Monday filed a motion for summary judgment, essentially throwing out all the of the claims by B.F.S. and his lawyers. He said, in the state’s opinion, none of the sexual assaults occurred.

In the lawsuit, B.F.S. is listed alongside another plaintiff, known only as R.H. Attorneys for the plaintiffs said R.H. was also sexually assaulted by Mujahid. Woodman said the Department of Law has acknowledged that an assault on R.H. took place, but what that means for the civil lawsuit—and the damages R.H. and his lawyers are seeking — remains unknown.

Latest Stories

  • Sports

    High school runner brings spotlight to Alaska transgender policy

    by Jake Edmonds on May 28, 13:05

    Haines runner Nattaphon Wangyot qualified for the girls 1-2-3A 100-meter and 200-meter finals Friday afternoon at the high school state track and field meet, but unlike her competitors, she was born a male. Transgender equality has become a hot topic of discussion around the country, and Alaska is no exception. The Alaska Schools Activities Association […]

  • News

    Pasco frozen food company lays off 61 in wake of recall

    by Associated Press on May 28, 12:32

    A Pasco frozen food company has laid off 61 more workers amid an ongoing shutdown in connection to listeria contamination in some of its products. The Tri-City Herald reports that CRF Frozen Foods announced the additional layoffs Friday, raising the total number of workers laid off to more than 300. CRF Frozen Foods has recalled […]

  • Lifestyle

    Earliest snowmelt on record in Barrow

    by Emily Russell / KNOM on May 28, 12:21

    Snow in the northernmost town in the nation is melting earlier than ever before on record. The National Oceanic and Atmospheric Administration’s Observatory in Barrow reported a snowmelt staring on May 13. That’s 10 days earlier than the previous record set in 2002. NOAA has been recording snowmelt from its Barrow Observatory for over 70 years. The […]

  • News

    Health experts: Move Rio Olympics due to Zika outbreak

    by Associated Press on May 28, 10:25

    Health experts on Friday urged the World Health Organization to consider whether the Rio de Janeiro Olympics should be postponed or moved because of the Zika outbreak. The 150 experts — including former White House science adviser Dr. Philip Rubin — issued an open letter to the U.N. health agency, calling for the games to be delayed or […]

  • News

    Crews work to mop up Hiland Fire near Eagle River

    by KTVA 11 News on May 27, 22:18

      Last updated at 3:11 p.m. on Saturday, May 28 EAGLE RIVER — A large number of emergency responders spent Friday evening battling a small wildfire near Hiland Road in Eagle River. By Saturday afternoon, the fire was 100-percent contained and crews were conducting mop-up operations, according to the Alaska Division of Forestry (DOF). In […]

  • News

    From WWII to Vietnam: Wasilla veteran remembers 28 years of service

    by Lauren Maxwell on May 27, 21:36

    There may not be many people who can claim they fought in World War II, became a German prisoner of war then stayed in the military to complete two tours of duty in Vietnam, but Wasilla resident Walter Ferguson is one of them. Walt and his wife Lila are both 91 years old. They met […]

  • Lifestyle

    Anchorage store goes above and beyond to support deaf employees

    by Shannon Ballard on May 27, 20:30

    Inside the South Anchorage Petco there are plenty of sounds to grab your attention, but 22-year-old Joseph Martin works in silence. “I can’t hear and it’s hard they don’t understand. I can’t talk,” Joseph Martin said using sign language. When KTVA spoke to Joseph Martin on Friday, his mom Jane did her best to interpret. […]

  • Crime

    Anchorage man charged with attempted murder for shooting at trooper

    by KTVA 11 News on May 27, 18:01

    A 25-year-old Anchorage man has been charged with attempted murder of an Alaska State Trooper, as well as several other charges, after an early-May saga of alleged criminal activity. According to the Alaska Department of Law, on May 1 a Ship Creek business owner notified police of two men breaking into his business. When the […]