COUNTY COURTHOUSE —
The trial of Todd Fort was continued to Sept. 19 after brief hearings on Monday and Tuesday.
The trial was set to begin Aug. 29, but Judge Walden Morris determined a three-week delay would not cause undue hardship on the prosecution and would help the defense better prepare its case. Morris held off on making a decision during a similar hearing Monday until State's Attorney Mike Henshaw had time to prepare his response to the defense motion.
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.
Defense attorney Bryan Drew said his expert witnesses need more time to review DNA evidence in the case and draw conclusions. He has hired Genetic Technologies, based in Missouri, to review evidence on his behalf. On Monday, Morris granted a defense motion to have an independent expert examine DNA evidence collected during the investigation.
Drew also plans to present Dr. Timothy Moore as an expert witness during the trial. Moore may testify about a condition known as child sexual abuse accommodation syndrome. Henshaw contended there is no reason to delay the trial just to have Moore present – the state does not plan to introduce anything about child sexual abuse accommodation syndrome.
“There will be no testimony from the state about this particular syndrome,” Henshaw said.
Morris asked Henshaw whether the state will be burdened unduly by a delay in the trial. Henshaw said the state will not suffer any prejudice against its case, but the trial has already been delayed several times.
“I want to be able to go to Las Vegas and bet on a 10-1 bet that we'll go to trial on this next date. That's what I want,” Henshaw said.
Drew jokingly offered $100 and his serious assurance that the defense will be ready for trial on Sept. 19.
A pretrial hearing set for Aug. 5 was reset to Sept. 2.
On Monday, a motion requiring Drew to disclose witnesses he plans to call at trial was granted by Morris. Drew said he has handed everything over in his possession, but Henshaw asked the court to have Drew file a written motion to that effect. Henshaw particularly wanted to know whether the defense plans to offer an alibi for Fort's whereabouts in any of the charges. Drew indicated an “alibi defense” is not in the defense's plans.
“We're alleging it never happened,” Drew said.
Fort remains held at the Jackson County jail awaiting trial.
The trial of Todd Fort was continued to Sept. 19 after brief hearings on Monday and Tuesday.
The trial was set to begin Aug. 29, but Judge Walden Morris determined a three-week delay would not cause undue hardship on the prosecution and would help the defense better prepare its case. Morris held off on making a decision during a similar hearing Monday until State's Attorney Mike Henshaw had time to prepare his response to the defense motion.
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.
Defense attorney Bryan Drew said his expert witnesses need more time to review DNA evidence in the case and draw conclusions. He has hired Genetic Technologies, based in Missouri, to review evidence on his behalf. On Monday, Morris granted a defense motion to have an independent expert examine DNA evidence collected during the investigation.
Drew also plans to present Dr. Timothy Moore as an expert witness during the trial. Moore may testify about a condition known as child sexual abuse accommodation syndrome. Henshaw contended there is no reason to delay the trial just to have Moore present – the state does not plan to introduce anything about child sexual abuse accommodation syndrome.
“There will be no testimony from the state about this particular syndrome,” Henshaw said.
Morris asked Henshaw whether the state will be burdened unduly by a delay in the trial. Henshaw said the state will not suffer any prejudice against its case, but the trial has already been delayed several times.
“I want to be able to go to Las Vegas and bet on a 10-1 bet that we'll go to trial on this next date. That's what I want,” Henshaw said.
Drew jokingly offered $100 and his serious assurance that the defense will be ready for trial on Sept. 19.
A pretrial hearing set for Aug. 5 was reset to Sept. 2.
On Monday, a motion requiring Drew to disclose witnesses he plans to call at trial was granted by Morris. Drew said he has handed everything over in his possession, but Henshaw asked the court to have Drew file a written motion to that effect. Henshaw particularly wanted to know whether the defense plans to offer an alibi for Fort's whereabouts in any of the charges. Drew indicated an “alibi defense” is not in the defense's plans.
“We're alleging it never happened,” Drew said.
Fort remains held at the Jackson County jail awaiting trial.
