Last-minute motions lead to delay in Todd Fort trial
</element><element id="paragraph-1" type="body"><![CDATA[A flurry of last-minute motions has led to a delay in the trial of Todd Fort, which was set to begin Monday. The trial is now set to begin Aug. 29.
Fort, a former chief deputy, is charged with several counts of sexual misconduct involving a former female intern at the Saline County Sheriff's Department when she was 16 and 17 years old. Sexual relations with a 16-year-old are illegal; relations with a 17-year-old are illegal for someone in a position of authority over the minor.
In a pretrial hearing that sometimes became heated, defense attorney Bryan Drew contended several disclosures of information to the defense a week before the trial by the State's Attorney's office amount to "trial by ambush."
State's Attorney Mike Henshaw, however, said the revelations result from a continuing obligation of the prosecution to disclose every new bit of information regardless of when the trial starts. Henshaw said he has not withheld information from Drew - he has provided every new revelation as soon as possible.
On June 3, prosecutors disclosed Lt. Brian Bennett, a correctional officer, may testify about hearing of a sexual relationship between the intern and another employee of the Sheriff's Department, Justin King. Drew needs time to explore that issue and find out if any evidence exists of a possible relationship.
Assistant State's Attorney Eva Walker said Bennet saw Fort fly into a "jealous rage" because the intern was seen talking to King.
There is no evidence of a sexual relationship with King, Walker said, "Zero, your honor."
On June 8, prosecutors disclosed some additional evidence regarding DNA samples taken from Fort. The DNA evidence previously disclosed to the defense amounted to a report from the lab, Drew contended. Prosecutors should have disclosed lab techniques, chain of custody and any other reports related to how the sample was collected, Drew said. Fort has had a vasectomy, which means the lab could not perform typical DNA testing on his semen. An alternate testing technique apparently had to be performed.
Before the line of argument was cut off, Drew stated there is another DNA sample taken from the intern's panties that could be from another man.
Cheryl Woodham of the Guardian Center has been on the state's attorney's witness list for some time. However, on June 3, it was revealed to the defense that Woodham may testify about a sexual abuse theory known as "child abuse accommodation syndrome."
Drew suggested the prosecution may try to say the intern lied about certain aspects of the case, or her relationship with Fort, due to child abuse accommodation syndrome. It was not clear from the hearing on Friday what Drew thinks the intern may or may not be lying about.
The theory is largely debunked, Drew said, but he needs time to arrange for an expert witness to testify about the syndrome. Drew asked Judge Walden Morris to bar testimony about the syndrome.
"It's too late; we're set for trial," Drew said.
After arguments were made on both sides about the matter, Henshaw said he would not call Woodham as a witness during his case-in-chief, meaning he would only call on her to rebut something that came up in the defense's case, if necessary. Drew still contended he needed time to prepare for the possibility of her testifying about child abuse accommodation syndrome.
Morris did not bar testimony from Woodham, but said the state would have to show how it is relevant before any testimony can be offered.
Henshaw and Walker said several times they are under a continuing obligation to disclose new information and have not been keeping anything from the defense.
Several of the charges against Fort were amended by the State's Attorney's office on June 8. Henshaw said 12 of the counts against Fort were amended to say Fort was "employed as a deputy and designated as chief deputy,"
Henshaw said the amendments were minor, but Drew contended otherwise.
"They are trying to come at this a week before trial in a different way," Drew said.
Prosecutors have said all along Fort was the chief deputy, but now they say he was a deputy and was acting as a chief deputy, Drew said.
Drew's motion for a continuance did not include mention of the amended charges, but he did object to them earlier in the hearing.
"I think it is improper to amend the charges at this late date," Drew said.
A motion for change of venue by the defense was put off until a later date. The motion was not elaborated upon in court, but typically such a motion contends a defendant cannot get a fair trial in his home county because of pretrial publicity or the notoriety of the case.
Fort remains in the Jackson County jail. Drew argued in vain for a reduction in Fort's bond due to the delay in the beginning of the trial.