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NEWS > 08 August 2008

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The Northwest Florida Daily Ne
08 August 2008
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Murder suspect accuses police

A Springfield police sergeant has been charged with making false statements to a law enforcement officers after he was accused of rape, Bay County sheriff's investigators said Thursday night.

Trudie Foster, a 25-year-old Parker resident once accused of manslaughter in the death of her 3-month-old son, claimed Sgt. Mark Fogarty, 36, raped her Wednesday night, according to a Bay County Sheriff's Office release. Foster made the claim to deputies about 11 p.m., a half-hour after the incident allegedly occurred, investigators said. However, investigators said they determined the sex act was consensual and both parties had lied when questioned.

Fogarty has been suspended pending reviews of the case, according to Springfield officials.

"I'm disappointed," said Springfield Police Chief Phillip Thorne. "Sgt. Fogarty made a very poor decision, and it has the ramifications that go with it. I'm sorry he made that decision, but we in law enforcement have standards."

In having consensual sex with Foster, Fogarty violated the department's code of ethics "in addition to lying during the investigation," Thorne said.

Foster also was charged with making false statements to law enforcement officers. The charge is a first-degree misdemeanor.

"She reported that she had been forcibly raped and handcuffed," Capt. Jimmy Stanford of the Bay County Sheriff's Office said.

"She recanted her statement" in a second interview, Stanford said.

Fogarty, an investigator with the department, was heading home for the evening in his unmarked police vehicle when he encountered Foster, officials said. He gave her a ride to her destination, according to the Sheriff's Office release.

In an initial interview, Fogarty said he had not had sex with Foster, but in a second interview conducted Thursday, Fogarty admitted to consensual sex, Stanford said.

Fogarty's case will be forwarded to the state's Criminal Justice Standards and Training Commission. The agency will decide if Fogarty can keep his credentials as a law enforcement officer, officials said.

In Springfield, his case will be sent to a civil service board. The board will review the matter, and if they feel termination is warranted, the board will forward the case to the City Commission, Thorne said.

"We do not condone the activity, but we still have positive feelings for the individual himself," Thorne said.

Foster at one time had been charged with aggravated manslaughter of a child in the Sept. 29, 2002, death of her 3-month-old son, David Nathaniel Jones. She was accused of being in a drug-induced sleep when the baby's breathing and heart rate monitor sounded for more than an hour. The baby died from unknown causes.

The charges were dropped in April of this year.

 

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