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Durand man acquitted of molestation charge

By MICHAEL PETERSON, Argus-Press Staff Writer

Friday, November 6, 2009 10:00 AM EST

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.

Comment on this Story

Alicia wrote on Nov 17, 2009 8:22 PM:

" Amazing that I said nothing, I repeat NOTHING regarding my opinion on whether this man is innocent or guilty, yet some loud mouth feels the need to once again, COMPLAIN, and talk about liberal women. Simply amazing. And your ettiquette is wonderful, sir. I applaud you on your behavior. "

Durand wrote on Nov 11, 2009 12:24 PM:

" I'd pay for Forsyth to take a polygraph exam, just to show he is a liar. The little girl told the same story several times. Forsyth embellished his by adding that he also took sleeping pills the night the incident happened. That wasn't in the original police report.

Forsyth will slip again, and I hope the cops are there to nail him. "

kevin wrote on Nov 10, 2009 4:06 PM:

" I was not a juror, but I know I would highly consider any info that a child said from their own mouth that was very specific and graphic, because a kid don't have the capacity to be that desciptive without actually experience it themselves.But those out there that don't think a lot of these guys who are set free are not in fact guilty are fooling yourself. You have a terrifed child on the stand with a lot of strangers looking at them and a lawyer who scares the hell out of them. It is not hard to scare a child, and all it takes is one descrepancy for a child to not be believed. But even those that do get convicted, they serve less time in jail that a guy that has 100 grams of cocaine. Which person would you rather have on the streets, the coke dealer, or the person that is going to fondle your child. Anyone that is actually convicted should get life without parole only because the death penalty is not available for that crime or at all in this state. THe answer to child molesters is a bullet to the back of their head not 3 years in prison "

get real wrote on Nov 10, 2009 7:53 AM:

" Hey stupid comment, where did you learn your manners at? Everyone has the right to voice their opinions on here, even an uneducated person as yourself.
The man is more than likely guilty. He is just another monster found not guilty by a corrupt justice system.
He isn't going to be hurt. No, he can move on and get over the whole event. The child will have problems unless address all the way though adulthood.
Children rarely make-up these allegations.
The children's adviocacy center is a great place for children to go who need help. "

STUPID COMMENT wrote on Nov 9, 2009 7:45 PM:

" LISTED HERE JAMIE M - the guy was found innocent .so yop under stand ? innocent which means in this country he is not guilty - take your f **** opinion and read the constitution.another darn liberal women thinking her s *** dont stink ! too many of you in this country !!!!!!!!!!!! "

Alicia wrote on Nov 9, 2009 6:23 AM:

" The amazing thing to me in this situation is that it all boils down to some people feel they just have to complain regardless of the decisions that are made by our courts. I grew up in Shiawassee County and once I married, I moved away and have lived in many different states since then. If you are so lacking in faith in the justice system in Shiawasse County, then, by all means, GET OUT! Or better yet, do something about it. You think you can do a better job than our judges and officers? Do it yourself. These people take their jobs seriously and obviously those of you that feel the need to complain never felt the initiative to get off your tails, get your educations and do the jobs yourselves. As I said, it all comes back to, someone's always got to complain. "

ANON. wrote on Nov 7, 2009 3:42 PM:

" 3 beers and a Sleeping pill..would KNOCK someone out. that's like using a Date rape drug on someone that renders them unconcious..and that's why women are raped because they are knocked out and dont remember what happened.. It wasnt like he gave the kid 3 beers and a sleeping pill.... "

D. wrote on Nov 7, 2009 3:40 PM:

" well Let's remember that the boyfriend of this girls mother is now deceased. And dont think for one minute that perhaps this little girl didnt happen to walk in on her mom and boyfriend.. and perhaps saw something she shouldnt have seen. ANd exaggerated to someone..or imagined it..We just dont know.. But there have been MANY cases where childrens imaginations, and dreams which they thought were real, have ruined peoples lives. Adults need to remember when there are kids around and ACT accordingly. Cuz in today's day and age, kids are more apt to think of it as the NORM, since they also have access to seeing it on T.V as well..Remember to use those Parental locks on your Televisions..

And if this mom indeed has had her child taken away from her, PERHAPS there is some evidence that they are Not releasing.. Ever think of that? "

A Durand resident wrote on Nov 7, 2009 2:48 PM:

" Mr. Forsyth had to endure a lot and during that time of being accused. The only good issues about this case is all four kids were taken from her mom and justice found the truth and this man was found NOT GULITY . Before people make judgment on a person they need to know all facts. Mr. Forsyth called the cops and reported it when he was told about it,ONLY a incident man calls the police. Mr. Forsyth cooperated with the police several times even though he was told he did not have to. The girl even waved to Mr. Forsyth and his attorney as she was leaving after testifying. That even shows that Mr.Forsyth was innocent from the start even for that girl point of veiw. The child's own Mother never stayed to find out the verdict, she left after testifying: It shows she did not even care in my opinion. Mr Forsyth family and children had to endure this as well. So stop judging the incident and his family and start focusing on the girls family and helping them and find out the real protector in that family... maybe the moms boyfriend and to make sure that those kids are not neglected in the future. Thank GOD those children are in foster care and hopefully those children never go back to their mother. They look so happy now and that's how children need to be. "

Argus reader wrote on Nov 7, 2009 2:46 PM:

" Actually the article said one or two beers did'nt it??? And sleeping pills are all different strengths. There are probably alot of people that would agree with me that I don't think that would affect my judgement. "

Proud of Shiawasee county on this one wrote on Nov 7, 2009 2:44 PM:

" I agree with Kali, since when is half of the story released at a time. I say have faith in our justice system, even in Shiawasee Co. It's all we have and I would'nt want the job myself. I'v seen Mr. Leach in action and if it came back not guilty than the man was'nt guilty. Unless you're on the jury don't second guess. "

Durand resident wrote on Nov 7, 2009 2:39 PM:

" I to feel the story wasn't written right. Must have been a slow news day for the paper. It sounded one day like he was guilty but obviously the jury found him innocent. Remember innocent until proven guilty by a jury of your peers. That is what I'd hope for it I was every wrongly accused. I don't take my jury duty lightly when called and I doubt this jury did either. Thank these people for their time and service. "

Durand wrote on Nov 7, 2009 10:20 AM:

" Do not feel sorry for the jerk. How many adults run around their house in their under wear with neighbor kids are present? The system failed this time, but the next time Forsyth comes before a jury I hope it will be his last. I thank the Argus Press for the way they ran their story. This little girl told the same story over and over again. This is not a case of the child's wrong doing. The jury did their best with the information they had to deal with, but they believed the wrong person. "

upset at this town wrote on Nov 7, 2009 9:52 AM:

" This is what happens when a prosecutor of the county starts a Child Advocacy Center for children. Sara Edwards has no business telling anyone how to raise a child and blame others on false accusation from a child. Children have wild imaginations. I am upset how some never get a trial and are forced to take a plea deal because the prosector holds all the cards. Never in my life have I ever seen this abuse in my back yard, but here it is. Politics should not be in justice, but it is. So, that they can get promoted or the police can get a badge for a job well done. Well, what about the people? There is no democracy in this town or county. Not when a judge runs unopposed. "

tmg wrote on Nov 7, 2009 8:33 AM:

" There wasn't enough evidence, bad call. "

pat hodge wrote on Nov 6, 2009 8:11 PM:

" if the guy would of been found guilty he would of got probation anyway. its only the victimless crimes that go to prison in shiawassee county. police and courts protect child molesters in our county. its a known fact check it out for yourself. "

Nancy wrote on Nov 6, 2009 8:03 PM:

" I agree with Jaime M. I've met a lot of good liars. I've watched them tell one person something and then turn and lie to another person about the same thing but if I didnt witness the truth would've believed also.
But, a person with no conscience would most likely pass a lie detector test.
I am not convinced that they little girl is lieing and does the guy even know for sure if he did anything if he drank 3 beers and took sleeping pills?? "

TLW wrote on Nov 6, 2009 5:13 PM:

" I am sorry but yes they do and I know this for a fact and have seen this stuff tear families apart and never was truth in their accusations and the suspect was let go and/or acquitted. This stuff does happen and mainly out of revenge on the suspect. "

Dee wrote on Nov 6, 2009 4:57 PM:

" Well this guys life is RUINED due to false allegations..Perhaps the little girl was making something up from what she saw at her own home *from the Mother and her boyfriend..)who knows..but lately Sex seems to be everywhere and nobody is too discreet anymore..ya see it on T.V.... Either way ya slice it, the man's life will never be the same.. Not to mention his FAMILY and his own child have had to endure this as well. "

Jaime M wrote on Nov 6, 2009 3:43 PM:

" Just because this man cooperated nicely and did not request an attorney, does not mean he is telling the truth! I obviously do not know what happened, but if this man DID do something and gets away with this, he will pay later on...they always do!! You cannot hide and lie forever.
Too many SICK people in this world! I guess I just do not understand.
It is his word against hers, but if she did lie about this, it makes me wonder, what is going on this little girls life to have made her make up a story like this??
Am I the only person who thinks a lie detector test should be used more often?? "

Durand wrote on Nov 6, 2009 2:56 PM:

" Is it just me, or did this, and the related story get posted funny on the Argus? This was up then the other story which made it appear to be a new incident, then this one again?

Anyways, what a mess this whole thing is. "

Kathy B. wrote on Nov 6, 2009 2:42 PM:

" One question comes up right away. If there was no phone in the home how'd the boyfriend call the police? Mayhap it was the boyfriend who forced this child to lie for him until the point that she started to believe it herself. At any rate how many peoples lives have been ruined? "

Durand resident wrote on Nov 6, 2009 2:27 PM:

" I don't know if you could have printed it but I would like it known that the girl involved in this incident was taken from her mother and is foster care. And that this was her second exam of this type for this poor child. So unfortunately she did know what she was discribing. I feel very badly for the little girl but am glad justice was done in this case by a not guilty verdict. "

Kali wrote on Nov 6, 2009 1:58 PM:

" Too bad the news was released yesterday before the truth came out. I feel sorry for Forsyth "