Jury finds step-dad guilty of molestation

Thu, 09/27/2007 - 3:18pm
By: John Munford

A former Peachtree City man was found guilty Thursday of molesting his now 12-year-old stepdaughter over a period of several years.

Robert Fogerty, 46, of Newnan was found guilty of one count of aggravated child molestation and three counts of child molestation. Superior Court Judge Paschal A. English Jr. sentenced Fogerty to 20 years in prison.

Fogerty had testified on his own behalf, denying that he ever touched the girl inappropriately. He told the court that he was first shocked when his ex-wife told him of his stepdaughter’s allegation.

“It just really came out of the blue,” Fogerty said. The only reason Fogerty said he could possibly think of that might motivate the girl to make the allegations was that she might have wanted her mother all to herself.

The girl’s mother also testified Wednesday, saying that when her daughter first told her of the allegations in November of last year, all her daughter would say was that Fogerty inappropriately touched her, while she was clothed, when they were playing with the family’s dogs.

The mother said after her daughter first told her about the allegations, she phoned Fogerty and told him not to come back to their house, and she also changed the locks to the home. Fogerty said he agreed with the mother’s decision and he even urged the mother to “stand by her daughter.”

The mother testified that she took the girl to see a mental health professional, and that person suggested that she and her daughter confront Fogerty. Fogerty testified that during that meeting he hoped to get more details from the girl about exactly what she claims he did.

Instead, the meeting was fruitless in that regard, Fogerty said.

“She would just glare at me and say: ‘You know.’ She never made a specific allegation,” Fogerty said. “The more we asked her ‘what,’ the more angry she’d get.”

Before the girl came forth with the allegation, Fogerty said it was very common for he and the girl to be very playful with each other around the house, and often times he’d walk in the door and she would jump on his back. She also liked to wrestle with him, Fogerty said.

Fogerty said the girl never seemed afraid of him.

Also on Wednesday, the jury viewed a videotape of a forensic interview that was conducted with the girl after she came forward with the allegation. The jury was also presented with evidence from defense witnesses that the girl faked being sick or injured at school which her mother said was a bid to get attention, or so she was told by several school officials.

In testimony Tuesday, the girl described details of occasions when she committed sex acts with Fogerty.

On several occasions, Fogerty would try and kiss her but she managed to get away, the girl said.

On other occasions, however, Fogerty touched and rubbed her genitals and asked her to perform oral sex, which she did, though she testified that she later regretted it. The girl also graphically described various other sexual acts that occurred between her and Fogerty.

The girl testified that the incidents took place either in Fogerty’s office inside the family’s Peachtree City home or in her mother’s bedroom. On some of the occasions the victim said Fogerty was viewing porn, either on the computer or on a television when she went to see him, sometimes seeking help with her homework.

The girl teared up briefly during parts of her testimony but mostly answered questions in a matter-of-fact manner. When speaking to District Attorney Scott Ballard, the victim blocked her view of Fogerty with her hand held up to her face. She also rearranged her hair to block Fogerty from her view.

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Submitted by kelsis11 on Mon, 10/01/2007 - 5:47pm.

This was a totally emotional trial. The jury did not take into account any evidence Mr. Fogerty submitted on his behalf. The DA contends he had opportunity. For any father, grandfather, uncle, boyfriend, brother etc; beware. All it takes if for a child to get mad and accuse you and if you have ever been alone with the accuser for an hour or less there is no way on earth to convence anyone it didn't happen. Your life is over. Juries don't care about evidence. The police department nor DCFS did ANY investigating whatsoever in this case. The childs word was taken 100%. Even school officials testified about the childs' past behavior. Just beware. 100s of men are accused because of mad wives and children. If you don't believe me look on the internet.

Submitted by frankie1234 on Thu, 09/27/2007 - 9:17pm.

first of all i would never in a million years be around someone who would touch a child or even think about it,but in this case the jury disregarded the girls three different versions of her story not to mention if you dont have money you better just give up the public defennders office is to busy trying to be buddies instead of preparing to save a innocent mans life.this mans life is over because what one says and trust me i was not convinced.the jury based all this on emotions.but then again do you really know who you around?

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