Inmate’s Abortion Request Denied By Judge

Tynia Johnson is the first Ada County Jail inmate to request an abortion, but a judge has ruled she cannot have one.

Johnson, 33, was about two months pregnant when she was arrested on fraud charges in December.

Nearing her second trimester this week, Johnson decided to both terminate her pregnancy and plead guilty to credit card fraud.

Her attorney, Mark McHugh, asked 4th District Judge Daniel Eismann to approve an abortion outside the jail, which is neither equipped nor allowed to perform abortions.

He refused.

“It’s an absurd situation,” said Mary Kelly McColl, executive director of Planned Parenthood of Idaho. “It sounds like an incredible deprivation of a woman’s rights - that a judge could feel justified in denying her appropriate and very timely medical care.”

An anti-abortion group supports the judge’s decision.

“I think his ruling is in line with proper moral conduct,” said Patrick Benson of Right to Life of Idaho.

If Johnson, who is being held in lieu of $500,000 bond, were not in jail, there would be no need to request permission for an abortion.

But, as an inmate, her choices are limited.

“Our policy is one that we care for female inmates who are pregnant and provide that care to full term,” Sheriff Vaughn Killeen said. “If a female desires an abortion, a court order must be received to follow through on that action.”

McHugh said Eismann was aware county funds would not be used to pay for Johnson’s abortion. Planned Parenthood agreed to loan her $350 for the procedure. Eismann denied the request without comment Friday.

Killeen said Johnson is the first Ada County inmate to request an abortion. Of 536 inmates in jail Friday, 53 are women. Two are pregnant.”I am pro-life,” Killeen said. “But as an elected sheriff who is responsible for the people in this facility, it is not my position to counsel one way or the other.”Our primary role is to care for the people in the facility, and that includes medical care for the person and any unborn child.”

“It’s a travesty of justice that they are able to accommodate her through an unwanted pregnancy,” McColl said, “yet, when a woman has made a choice for herself to terminate that pregnancy, they can’t support her to the same degree.”

“But it’s like, when a person is sentenced to die, they go judge shopping to stop the execution,” Killeen said. “There’s a similarity here, and I’m sure the judge shopping will continue.”

Seeking permission from another judge is not an option for Johnson, McHugh said.

McColl said Johnson is running out of time.

“Every day that access is denied increases the risk for her,” McColl said.