Prosecution deferred in child prostitution case
The case against a 44-year-old former Kalispell woman charged with letting a Columbia Falls man have sex with her 13-year-old daughter in exchange for drugs has been dismissed.
According to court documents, Jennifer Johnson, aka Jennifer Winters, was arrested Aug. 27, 2011, and charged with felony aggravated promotion of prostitution after her daughter told a Kalispell detective about the sex for drugs arrangement. Johnson faced up to life in prison if convicted of the charge.
In a police interview, the young girl said she had sex with Daniel Smith, 32, once or twice a week, and Smith provided drugs to her mother. The situation came to light when the girl was taken to Kalispell Regional Medical Center by her baby-sitter.
The girl told police the sexual activity took place at Johnson’s apartment or at Smith’s trailer in Columbia Falls. She also said Smith would allow his 19-year-old friend have sex with her.
Johnson, who had five DUI convictions from about 20 years ago, was also facing a felony charge for using a bad check. She had lived next door to Smith in Columbia Falls, and he had helped Johnson’s family move to Kalispell.
Johnson’s address at the time of her arrest was the Aero Inn in Kalispell, but she moved to Chugiak, Alaska, in December 2011.
On March 12 this year, Flathead County District Court Judge David Ortley ruled against a motion made by Johnson’s public defender, Courtney Nolan, to join Johnson’s and Smith’s cases. Ortley said the defendants faced different charges, they could not be witnesses against each other, and there was a risk of prejudice against Smith.
On March 29, the Montana Department of Public Health and Human Services’ Child and Families Division filed two inch-thick confidential documents in Johnson’s case.
Then on July 6, Nolan and Flathead County deputy attorney Lori Adams filed a joint motion for dismissal without prejudice. A plea agreement called for deferring prosecution for one year.
The standard plea agreement signed by Johnson states that she was “not suffering from any emotional or mental disability” that could affect her ability to abide by the terms of the agreement. The agreement also states she must “continue to comply with the recommendations made by Child Protective Services in Alaska.”
Ortley dismissed the charge against Johnson without prejudice on July 6. Smith’s case is scheduled to go to trial in April 2013.