Calls played at sex trial
Defendant apologizes to accuser in recorded phone conversations
Prosecutors played for a judge recorded conversations in which they claim a former information technology employee at Gwynedd-Mercy Academy made incriminating remarks about his alleged inappropriate contact with a 13-year-old girl.
“He told her to delete text messages off her phone,” Upper Gwynedd Detective Sgt. Ted Caiola testified Tuesday in Montgomery County Court, referring to comments made by accused molester Marcus Forte during a June 15, 2016, phone conversation with the girl that was recorded by investigators.
Testimony revealed the girl, who claimed Forte had indecent contact with her at the Lower Gwynedd school and at her Upper Gwynedd home between October 2015 and April 2016, consented to
the taped conversations and that Forte had no idea he was being recorded by authorities during two calls on June 15 and June 21.
During the June 15 conversation, the girl informed Forte she wanted an apology and Forte responded by saying, “I’m sorry for anything you think may have happened” and “I’m very sorry that if I did that to you,” according to testimony.
Deputy District Attorney M. Stewart Ryan and coprosecutor Lucy Qui suggested the recordings are evidence Forte touched the girl inappropriately and exchanged inappropriate text messages with her on numerous occasions.
But defense lawyer Philip David Press argued Forte, during the recorded phone conversations, never specifically admitted to a crime. During the calls, when the girl discussed Forte’s alleged groping of her breasts Forte responded, “I don’t remember any of that,” according to testimony. When the girl stated, “Oh, you don’t?” Forte responded, “No, let’s just call it that. Can we do that?”
Forte also accused the girl of taking things “out of context” and added, “that’s dangerous.”
Judge Thomas C. Branca, who is presiding over the nonjury trial and is the sole fact finder, listened attentively as the recordings were played in court during the second day of Forte’s trial.
Forte, 41, formerly of the 2400 block of Linksman Lane, Warrington, Bucks County, faces charges of institutional sexual assault, indecent assault without consent, indecent assault of a person under 16, corruption of a minor, unlawful contact with a minor and false imprisonment of a minor in connection with the alleged incidents. Forte, if convicted of all the charges at trial, faces a possible maximum sentence of 18 ½ to 37 years in prison.
The girl, over two days of testimony, claimed that during an April 4, 2016, incident that occurred at her home Forte allegedly pinned her down on a sofa and touched her in an indecent manner.
The girl, who was 13 years old and in the seventh-grade at the time of the alleged assault, testified Forte also touched her inappropriately and kissed her on the face and neck numerous times in his office behind closed doors at the elementary school between late 2015 and early 2016.
Forte had been employed at the school from July 2013 until February 2016, testimony revealed.
Press has suggested the girl is not being truthful and questioned why she did not tell anyone about the incidents at the time they allegedly occurred.
The investigation of Forte began in June 2016, according to testimony and a criminal complaint filed by Upper Gwynedd Detective Raymond Royds when the girl disclosed to a psychotherapist some of Forte’s alleged inappropriate conduct. The psychotherapist immediately informed the girl’s mother and contacted the proper authorities.
During the investigation, detectives uncovered Facebook instant messages between Forte and the girl between December and May during which Forte allegedly wrote to the girl, “Be my friend because you’re my favorite and I love you. And come visit me more often so I can give you more hugs and smooches…and candy of course.”
Forte provided the girl with his cellphone number and told her to text him “if you need me,” according to testimony.
The girl texted Forte in April 2016, telling him, “you took the hugs to the extreme today,” and Forte replied, “are you upset?” according to the arrest affidavit.
“So you don’t like my extreme hugging?” Forte asked the girl.
“No,” the girl texted back, according to court papers.
The girl disclosed to authorities that when she was home sick from school on April 4, Forte picked her up and took her to a Starbucks for coffee. When Forte took the girl home, he entered her home despite her saying “bye” and began touching and tickling her, the girl testified.
“(The girl) advised she didn’t know what to do,” Royds wrote in the arrest affidavit, alleging Forte then got on top of the girl, touched her in an indecent manner and tried to kiss her.
The girl told detectives Forte “literally tried to make out with me,” according to the arrest affidavit. The girl said “she kept her lips sealed and told him to stop while Forte ignored her.”
The girl eventually was able to make her way to her kitchen but Forte followed and accosted her again by kissing and touching her inappropriately, according to testimony. The girl told Forte that her mom was on her way home soon and Forte finally left, prosecutors alleged.