Pasco man on trial for injecting a woman with too much insulin, then raping her

A Pasco man is going on trial nearly four years after his arrest for allegedly injecting a woman with too much insulin and raping her while she was incapacitated.

James E. Bernhard denies the allegations against him stemming from one morning in April 2016.

The woman, who initially told Pasco police that she was in “great fear” of her alleged attacker, required emergency surgery because doctors could not stop her bleeding.

She is not on the Franklin County prosecution’s list because she no longer is a cooperating witness. She also was unconscious during two of the three crimes filed against Bernhard, according to Deputy Prosecutor Maureen Astley.

However, the defense may call the woman as one of their witnesses.

Jury selection started Monday with opening statements and the first testimony expected Thursday in the Franklin County Courthouse.

Bernhard, who turns 41 on Tuesday, is charged with first- and second-degree assault and second-degree rape.

The two assaults include the allegation Bernhard committed the crimes with sexual motivation.

Mistrial last fall

Bernhard’s first trial last fall ended in a mistrial when two jurors were excused during testimony when they suddenly realized they knew witnesses, and a third juror was excused following a medical emergency.

Before that mistrial in early October, the trial had been moved 12 times.

The lengthy delay, in part, is because defense attorney Shelley Ajax’s strenuous trial schedule in 2017 that included multiple murder cases. The complicated investigation also has required a number of interviews with medical professionals and doctors.

The Franklin County Clerk’s Office called 121 potential jurors to court this week.

The trial is expected to last three weeks. Judge Alex Ekstrom will not hold trial on Fridays, giving the attorneys and jurors a weekday off while he presides over other court hearings.

Bernhard is out of custody after posting $100,000 bond last May. If convicted, he will face substantial prison time.

Wildlife biologist at Hanford

Bernhard was a wildlife biologist working at the Hanford nuclear reservation at the time of his arrest. His current employment status is not known.

The Department of Energy told the Tri-City Herald on Monday in an email, “We cannot release personnel information or verify employment without signed consent from an individual.”

Court documents show that Pasco police were called to Kadlec Regional Medical Center in Richland for a woman who’d been admitted a day earlier for severe sexual assault cuts that caused her to lose about half of the blood in her body.

The woman, who is a diabetic, said she had been sleeping when she believes she was injected with an excess amount of insulin. That led to a critical drop in her blood sugar and an overdose, resulting in her falling into a coma-like state and leaving her vulnerable and defenseless, documents said.

Medical staff determined she was raped with an object, causing the cuts.

Bernhard told investigators that the woman had a seizure while taking a shower, court documents said.

But paramedics noted that the woman also had bruises on her face and head.

Couldn’t remember assault

In a follow-up interview, Bernhard admitted giving 10 units of insulin to the woman while she was sleeping. He claimed it was accidental and he did not mean to give her the incorrect amount, documents said.

Investigators say Bernhard allegedly admitted he had previously researched online the side effects of giving such a high dose to a diabetic. He learned that a person can pass out, said court documents.

Bernhard could not explain the woman’s “atrocious” injuries.

“Bernhard finally stated that he could have blacked out from drinking too much alcohol and assaulted (the woman) ... but he could not remember,” documents said.

This story was originally published January 6, 2020 at 1:45 PM.