Tuesday, March 29, 2011

Former HS Coach Accused Of Rape Faces Judge

A former Hennessey basketball coach accused of raping a Hennessey student pleaded not guilty to two counts of rape before a district judge Monday.

Ben Davis Forsythe, 32, is charged with second-degree rape. Forsythe is accused of having sex with one of his students.

Forsythe walked quietly into court alongside his wife, family and lawyer, and said he is not giving up the fight.

"Well, he (Forsythe) feels like he's being accused of something he didn't do," defense attorney David Slane said.

Slane said he will file a motion this month arguing the constitutionality of the case, because he believes his client is innocent; and even if he's not, the girl he's accused of having sex with was 18 years old.

"While we don't agree that it happened, she was 18 at the time. And even if we agree that it happened, it shouldn't be a crime," Slane said.

During a preliminary hearing, a student testified to having sex on several occasions with Forsythe. The student was 18 at the time and on the coach's basketball team.

Forsythe was arrested in December after police said a student claimed she had a relationship with Forsythe from November 2009 through May 2010 while attending Hennessey High School.

The girl claims that when she wanted the relationship to end, Forsythe threatened her position on the team.

"While you don't have all the information, we know this young woman has given different stories to teachers, her mother and friends, so there'll be a day when all will come out. We don't have anything to hide," Slane said.

According to Oklahoma statues, a teacher is not allowed to have sex with a student, no matter the student's age, and it doesn't matter if they consent.

Slane said that Forsythe has been hired by a different school district and is working as a teacher again.

"He's (Forsythe) still working as a school teacher and a coach, so obviously, another school district has certainly felt he is not a threat," Slane said.

Slane said a jury trial will be scheduled May 11.

Wednesday, March 9, 2011

Illinois governor abolishes death penalty

Illinois Gov. Pat Quinn abolished the death penalty Wednesday, more than a decade after the state imposed a moratorium on executions out of concern that innocent people could be put to death by a justice system that had wrongly condemned 13 men.

Quinn also commuted the sentences of all 15 inmates remaining on Illinois' death row. They will now serve life in prison with no hope of parole.

State lawmakers voted in January to abandon capital punishment, and Quinn spent two months reflecting on the issue, speaking with prosecutors, crime victims' families, death penalty opponents and religious leaders. He called it the "most difficult decision" he has made as governor.

"We have found over and over again: Mistakes have been made. Innocent people have been freed. It's not possible to create a perfect, mistake-free death penalty system," Quinn said.

Prosecutors and some victims' families had urged Quinn to veto the legislation.

The governor offered words of consolation to those who had lost loved ones to violence, saying that the "family of Illinois" was with them. He said he understands victims will never be healed.

Illinois' moratorium goes back to 2000, when then-Republican Gov. George Ryan made international headlines by suspending executions. Ryan acted after years of growing doubts about the state's capital-punishment system, which was famously called into question in the 1990s, after courts concluded that 13 men had been wrongly condemned.

Shortly before leaving office in 2003, Ryan also cleared death row, commuting the sentences of 167 inmates to life in prison. Illinois' last execution was in 1999.

When the new law takes effect July 1, Illinois will join 15 other states that have done away with executions.

New Mexico had been the most recent state to repeal the death penalty, doing so in 2009, although new Republican Gov. Susana Martinez wants to reinstate it.

Quinn consulted with retired Anglican Archbishop Desmond Tutu of South Africa and met with Sister Helen Prejean, the inspiration for the movie "Dead Man Walking."

A Chicago woman whose teenage son was gunned down in 2006 said she was disappointed in Quinn's decision — a move, she said, that victims' relatives tried to talk him out of a few weeks ago.

Pam Bosley said nobody is in custody in her son's death, but whoever killed him does not deserve to live.

"I don't want them to breathe the air that I breathe," said Bosley, whose 18-year-old son, Terrell Bosley, was killed in front of a church on Chicago's South Side.

Illinois Attorney General Lisa Madigan appealed directly to Quinn to veto the bill, as did several county prosecutors and victims' families. They said safeguards, including videotaped interrogations and easier access to DNA evidence, were in place to prevent innocent people from being wrongly executed.

But death penalty opponents argued that there was still no guarantee that an innocent person couldn't be put to death. Quinn's own lieutenant governor, Sheila Simon, a former southern Illinois prosecutor, asked him to abolish capital punishment.

Twelve men have been executed in Illinois since 1977, when the death penalty was reinstated. The last was Andrew Kokoraleis on March 17, 1999. At the time, the average length of stay on death row for the dozen men was 13 years.

Kokoraleis, convicted of mutilating and murdering a 21-year-old woman, was put to death by lethal injection.