Kellogg juvenile faces rape charge

WALLACE - A 16-year-old boy being tried as an adult may be released on house arrest until trial in an alleged rape at Kellogg High School.

Judge Fred Gibler granted the defense's motion for release on his own recognizance with one caveat - the defense must come up with a home monitoring device so authorities would know where Kellogg resident John Milo Whisman is at all times before Whisman is released.

Defense Attorney Richard Baughman entered a not guilty plea for his client Monday, and also entered a motion for the release of his client on his own recognizance, which met resistance from the prosecution.

Whisman was charged and booked Wednesday, Jan. 12 and has been in Shoshone County jail since on a $100,000 bond. He faces up to life in the Idaho state prison if found guilty.

Shoshone County Sheriff's Office Detective Jeanette Woodard-Ochoa testified there are three separate criminal matters relating to Whisman that she is investigating. One alleges rape, one alleges attempted rape and the third alleges attempted strangulation. All allegations involve juveniles.

The rape charge Whisman faces originates from an incident that reportedly took place at Kellogg High School during school hours.

Woodard-Ochoa also spoke to what she characterized on the witness stand as witness intimidation. She detailed how the mother of one of the alleged victims contacted her, distraught after Whisman's mother had contacted her and her daughter hoping to talk about her son's case.

There is a no-contact order between Whisman and the alleged victim, but the defense argued there was nothing to restrict Whisman's mother from contacting the family.

In cross-examination, Baughman questioned Woodard-Ochoa's one year of experience as a detective and her ability to validate the testimony of adolescents due to a lack of background in psychology.

Baughman asked whether the alleged victims were close friends, and Woodard-Ochoa testified they were not.

In a handwritten letter submitted to the court for the defense, one of the alleged victims rescinded her allegations against Whisman.

Baughman questioned the strength of the prosecution's case, voicing a different interpretation of surveillance tapes provided by Kellogg High School than the prosecution and bringing back up the letter he had submitted minutes before.

He also asked the court for more direct access with his client, who is in special accommodations within the adult population at the county jail so Whisman is not exposed to the other adult inmates. Baughman asked that Whisman either be given a reduced bond or be released until his trial, which has yet to be scheduled.

Shoshone County Prosecuting Attorney Val Siegel argued that evidence provided during the preliminary hearing was substantial, including medical evidence and surveillance tapes that place Whisman and the alleged victim at the Kellogg High School cafeteria stage at the time of the alleged rape.