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Sex-assault suspect will
stand trial third time

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By Debra Barayuga
Star-Bulletin

A state judge has refused to dismiss sexual assault charges against James Allen Thompson -- accused of abducting four teens, driving them to a remote location and forcing them to perform sex acts.

Thompson will stand trial later this month, a third time.

Circuit Judge Reynaldo Graulty ruled yesterday that there was no prosecutorial misconduct from the indictment in February of a key defense witness in Thompson's case on unrelated charges, and using the witness' daughter in an attempt to elicit an admission that her father had lied on the stand.

Graulty found that Thompson's right to a fair trial had not been prejudiced because Hoyt Fortin backed up Thompson's alibi. And while the procedure police used to get an admission from Fortin through his daughter seemed "unfair," it appears legal, Graulty said. The timing of the indictment also was unfortunate.

Fortin had testified at Thompson's two previous trials that he was with his high school classmate when one of the alleged sexual assaults took place.

Fortin was indicted in February on unrelated sexual assault charges involving a minor that took place over a two-year period.

Todd Eddins, deputy public defender for Thompson, said the timing of Fortin's indictment in the midst of jury selection for his client was "extremely suspect." He also criticized the "subterfuge" involved in getting an admission through Fortin's daughter.

Deputy Prosecutor Rom Trader argued there was no legal basis to claim that prosecutors have engaged in improper conduct or sought to gain advantage in the Thompson case by indicting Fortin.

The sole reason Fortin was indicted was because the allegations against him were at least 5 years old and the statute of limitations would have passed, Trader said. "It would have been irresponsible on our part not to proceed with charges."

The use of one-party consent calls -- an investigative tool in which one party calls another in hopes of eliciting a recorded confession -- is widely used across the country, Trader said.