After admitting that he violated probation terms 12 years ago, Javier Lajeunesse, 48, was recently ordered to serve 60 days in the Montezuma County jail.
Public defender Kenneth Pace requested a 15-day sentence, stating that his client was subjected to "torture" while incarcerated at the 104-bed detention facility.
"Mr. Lajeunesse is dying inside the Montezuma County jail," Pace told Chief District Court Judge Doug Walker. "His health is at risk."
Appearing in custody wearing a faded black-and-white striped inmate uniform, Lajeunesse at times appeared confused during the proceedings on Tuesday, Jan. 20. At one point, Walker even asked the defendant if he understood what was occurring.
After hesitating, Lajeunesse nodded, and indicated that he did. That's when Pace told the court that his client suffered from multiple medical conditions. He continued, alleging that jail staff had failed to provide Lajeunesse with proper medical treatment.
"The jail's misconduct is a violation of my client's Eighth Amendment," said Pace.
The Eighth Amendment prohibits the government from imposing excessive bail, excessive fines or cruel and unusual punishments. Pace alleged jail officials had withheld his client's prescribed medication.
Last week, Montezuma County Detention Center Director Victoria Pierce said the jail staff was committed to ensuring that all inmates received proper medical treatment. She added that she would welcome a hearing to discuss the defendant's treatment while incarcerated.
"(Lajeunesse) is going to be fine," said Pierce.
Pierce explained that the defendant, like so many other inmates, hadn't complied with doctor's orders prior to his arrival at the jail, which led to his deteriorating medical condition.
Contained in the jail's five-page policy regarding access to care, professional medical staff is available to provide "initial medical" screenings, and a process is maintained that "ensures the availability of cost-effective primary medical care within the jail." Guidelines are also in place to utilize local medical officials to provide health care services not available within the facility, Pierce said.
"We follow the best practices as outlined by the National Sheriff's Association," said Pierce.
Days before his inauguration, newly elected Montezuma County Sheriff Steve Nowlin announced that all department policies would be reviewed and updated as needed. Last week, Nowlin said that process was ongoing, and for now, the jail was still using guidelines adopted by the previous administration.
Regarding Lajeunesse, District Attorney Will Furse recommended 60 days in jail, saying the defendant originally received a "favorable" sentence after inflicting two days of violence on the victim.
In the summer of 2002, Lajeunesse was sentenced to probation after pleading guilty to false imprisonment and assault charges. A bench warrant was issued that fall after he skipped town and moved to Albuquerque.
The initial charges stemmed from a March 27, 2002, incident involving Lajeunesse's girlfriend. Court records reveal the suspect beat and threatened to kill the victim while holding her at knifepoint at a South Cedar Street residence.
tbaker@cortezjournal.com
