Newest charges against Todd Fort will stand
</element><element id="paragraph-1" type="body"><![CDATA[The newest charges against now-retired Saline County Chief Sheriff's Deputy Todd Fort will stand; so will his bond. And for now, so will the May 4 trial date.
Judge Todd Lambert ruled on Wednesday Fort's right to a speedy trial was not violated by seven additional charges filed March 18. The seven charges contend a sexual relationship with a 16-year-old intern at the Saline County Detention Center, where Fort worked as chief deputy. The previously filed charges in the case contend a sexual relationship when the intern was 17. A sexual relationship between a 16-year-old and an adult is illegal in any case; a relationship with a 17-year-old is only illegal if the older person is in a position of authority over the victim.
Assistant State's Attorney Eva Walker said the charges should stand because, "In our case it was not the same set of facts."
Defense attorney Bryan Drew had contended the charges should be thrown out because Fort was in police custody 177 days before the new charges were filed - 57 days after the time for a speedy trial demand expires.
"A defendant should not be held indefinitely while the prosecutor drops on more and more charges," Drew said Wednesday.
Lambert denied out the motion for reduced bond. Lambert said a motion for reduced bond is unusual in a case in which the defendant has already violated the terms of his bond. Fort was jailed again after posting bond in September because he had contact with the young intern, which was forbidden under the terms of his release. The bond was increased to $500,000.
"I think whether a person has a history of violating court orders is a big concern to this court," Lambert said.
Lambert also determined a high bond is necessary to deter Fort from fleeing the court's jurisdiction.
Drew argued that Fort is not a flight risk and cannot afford the $500,000 bond.
Drew wanted to call the former intern, now 18 years old, to the stand. She was expected to testify she is not concerned for her safety if Fort makes bond, Drew said.
State's Attorney Mike Henshaw agreed that's how she would testify if called to the witness stand.
Drew initially suggested the prosecution was trying to keep the former intern from testifying at the bond reduction hearing. Drew said two other hearings were set - she didn't show up for those.
Henshaw said nobody is trying to hide the former intern, or keep Drew from speaking with her or putting her on the stand.
"The witness is here," Henshaw said.
However, Henshaw said, he didn't want the hearing to become a deposition of the former intern. He was willing to agree she would testify as predicted, but couldn't figure out what other benefit her testimony could provide at the bond-reduction hearing.
Drew said he ought to be able to ask the former intern whether she can provide any other information.
Henshaw agreed Drew could talk to the former intern out of court if he desired.
Henshaw and Assistant State's Attorney Eva Walker presented several other arguments against a reduction in bond. Among factors pointed to by Walker is likelihood of conviction at trial. Walker mentioned Facebook messages between Fort and the former intern, the physical injury suffered by the former intern during one described sexual act and events just prior to Fort's arrest that included a high-speed pursuit of Fort by the former intern's father through the streets and alleys of Harrisburg.
Lambert's role in the hearing on Wednesday was limited to the bond reduction and continuance of a preliminary hearing that was held last week. Judge Walden Morris is the judge assigned to the case; he presided over the rest of the hearing.
The trial is set to begin May 4, but Drew apparently is scrambling to find possible expert witnesses. He also contends the new charges and several motions filed by the state's attorney amount to a delaying tactic. The state has filed 15 or 16 supplements to the motion requiring each side to turn over evidence; prosecutors also disclosed an expert witness, Kathy Swofford, in March. Drew said he may need to find his own expert witness to counter whatever Swofford plans to offer as testimony. That could take time and money, Drew said.
"It's not the defense's fault we're in this position, but unfortunately we are," Drew said.
Henshaw said the State's Attorney's office is simply trying to disclose evidence and witnesses as required by law. Henshaw is ready for trial on May 4, he said. The State's Attorney's office does not intend to delay anything or deprive the defense of anything, he said.
"It's always nice to be accused of prosecutorial misconduct, especially when all we are trying to do is comply with discovery," Henshaw said.
Judge Morris set April 20 as a deadline for Drew to file a motion seeking more time to prepare for trial or find his own expert witnesses. Morris also told Drew to stop complaining about the introduction of Swofford or about additional discovery being filed by the state.
You can interview Swofford and see what she plans to testify about, Morris told Drew, "But to sit here and do nothing but complain is not what the court expects."