Friday, November 06, 2009
News
Durand man acquitted of molestation charge
By MICHAEL PETERSON, Argus-Press Staff Writer
CORUNNA - A Durand man was acquitted Thursday by a 35th Circuit Court jury of charges he molested an 8-year-old girl.
David Duane Forsyth, 31, was facing one charge of second-degree criminal sexual conduct in connection with a 2008 incident.
The jury of 12 men and women deliberated about an hour before returning with their acquittal. Forsyth had faced up to 15 years in prison if convicted.
In the second day of the case, tried in front of Judge Gerald Lostracco, four witness took the stand - Durand police officers Richard Folaron and Jason Hartz; Jody Forsyth, the defendant's wife; and the defendant himself, David Forsyth.
The alleged victim, who is now 10, claimed she was molested by Forsyth in July of 2008 while spending the night at the home of her friend, Forsyth's daughter. The alleged victim said she couldn't sleep so she went into the living room to watch television. She claimed the defendant asked her to come to his couch, and then told her to lay under him, pulled down her shorts and performed oral sex.
The Argus-Press does not identify alleged victims of sexual assaults.
The girl's mother testified Wednesday that she found out about the alleged assault two days later after she received a phone call at work from her boyfriend, who is now deceased, telling her the girl confided to him about the incident.
The mother said she then rushed home from work, talked to her daughter about what allegedly happened and then - because they had no working phone - left the house to contact the police. Outside of the home, the mom saw a officer Jason Hartz on patrol, flagged him down and explained the situation.
The girl later met Rhonda Ihm, executive director at the Child Advocacy Center, for a forensic interview.
Forsyth, however, denied the allegations while testifying Thursday.
“No, absolutely not. That is disgusting,” Forsyth replied when asked if he had ever touched the girl sexually.
Forsyth said later after he returned home from work, he went to sleep on the couch. He admitted to having two or three beers and taking two sleeping pills before he went to sleep.
Forsyth said when he woke up in the middle of the night he noticed that the girl was sleeping on the side of his couch, but decided not wake her and went back to sleep.
Officer Hartz said he had Forsyth later come to the Durand police department for an interview, adding that Forsyth was very cooperative.
Forsyth said he had “nothing to hide,” so he had no problem with the interview.
It was this cooperation that Forysth's attorney Charles Quick said pointed to his innocence.
“He willingly went to the police station and spent two hours at that police station. ... He went by himself and never asked for an attorney,” Quick said. “Is that the actions of a guilty man?”
Quick also said he did not believe there was enough evidence to convict his client, adding it was the girl's word against Forsyth's. Also, the fact the girl did not identify Forsyth while in court was another factor, Quick said.
Shiawassee County Assistant Prosecutor Graham Leach, however, disagreed and said the defendant had since shaved his beard and has shorter hair.
“This is not something that a child inherently knows and would say, ‘I'm going to make up this story,'” Leach said.
- Contact Michael Peterson at 725-5136 extension 223 or mpeterson@argus-press.com. Post comments about this story online at www.argus-press.com.
David Duane Forsyth, 31, was facing one charge of second-degree criminal sexual conduct in connection with a 2008 incident.
The jury of 12 men and women deliberated about an hour before returning with their acquittal. Forsyth had faced up to 15 years in prison if convicted.
In the second day of the case, tried in front of Judge Gerald Lostracco, four witness took the stand - Durand police officers Richard Folaron and Jason Hartz; Jody Forsyth, the defendant's wife; and the defendant himself, David Forsyth.
The alleged victim, who is now 10, claimed she was molested by Forsyth in July of 2008 while spending the night at the home of her friend, Forsyth's daughter. The alleged victim said she couldn't sleep so she went into the living room to watch television. She claimed the defendant asked her to come to his couch, and then told her to lay under him, pulled down her shorts and performed oral sex.
The Argus-Press does not identify alleged victims of sexual assaults.
The girl's mother testified Wednesday that she found out about the alleged assault two days later after she received a phone call at work from her boyfriend, who is now deceased, telling her the girl confided to him about the incident.
The mother said she then rushed home from work, talked to her daughter about what allegedly happened and then - because they had no working phone - left the house to contact the police. Outside of the home, the mom saw a officer Jason Hartz on patrol, flagged him down and explained the situation.
The girl later met Rhonda Ihm, executive director at the Child Advocacy Center, for a forensic interview.
Forsyth, however, denied the allegations while testifying Thursday.
“No, absolutely not. That is disgusting,” Forsyth replied when asked if he had ever touched the girl sexually.
Forsyth said later after he returned home from work, he went to sleep on the couch. He admitted to having two or three beers and taking two sleeping pills before he went to sleep.
Forsyth said when he woke up in the middle of the night he noticed that the girl was sleeping on the side of his couch, but decided not wake her and went back to sleep.
Officer Hartz said he had Forsyth later come to the Durand police department for an interview, adding that Forsyth was very cooperative.
Forsyth said he had “nothing to hide,” so he had no problem with the interview.
It was this cooperation that Forysth's attorney Charles Quick said pointed to his innocence.
“He willingly went to the police station and spent two hours at that police station. ... He went by himself and never asked for an attorney,” Quick said. “Is that the actions of a guilty man?”
Quick also said he did not believe there was enough evidence to convict his client, adding it was the girl's word against Forsyth's. Also, the fact the girl did not identify Forsyth while in court was another factor, Quick said.
Shiawassee County Assistant Prosecutor Graham Leach, however, disagreed and said the defendant had since shaved his beard and has shorter hair.
“This is not something that a child inherently knows and would say, ‘I'm going to make up this story,'” Leach said.
- Contact Michael Peterson at 725-5136 extension 223 or mpeterson@argus-press.com. Post comments about this story online at www.argus-press.com.