Former Policeman Found not Guilty of Rape
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Fort Worth Star-Telegram (Fort Worth) September 30, 2006 Section: B Former policeman not guilty of rape By MELODY McDONALD, STAR-TELEGRAM STAFF WRITER More than five years ago, a Fort Worth police corporal accused of rape took the witness stand in a Tarrant County courtroom and steadfastly maintained his innocence. A mistrial was declared before jurors got the chance to decide his fate. This week, Gary Matthew Twine took the stand again, and this time, jurors delivered their verdict: not guilty. Twine, who had been on the force for 20 years when he was accused of sexual assault, sobbed Friday when he learned he had been acquitted. "I said, 'You get to get your life back,'" said Wes Ball, Twine's defense attorney. "For five years or so, even with the presumption of innocence, he has been deprived of his livelihood and his income when we now know he is not guilty." Prosecutor Ben Leonard, who tried the case with Ashley Johnson, said the woman who accused Twine of rape also wept after the trial but does not have vengeance in her heart. "She had a good, hard cry and one that was deserved," Leonard said. "Obviously, if I didn't think he was good for it, I wouldn't have prosecuted him for it. But the jury did what they did." Twine has been suspended without pay since he was indicted in September 2001. Lt. Dean Sullivan, a police spokesman, said Friday that Chief Ralph Mendoza now has 30 days to make a decision about Twine's status and employment. Ball said Twine hopes to get his job back. "That has always been his goal," Ball said. "He was a career police officer and gave the citizens of Fort Worth 20 or more years of service. And certainly, I would think he is entitled to back pay." Twine was accused of sexually assaulting a woman at his Arlington home May 3, 2001. He had met her at a convenience store. The woman said that Twine invited her to his house, got drunk and forced her to have sex, jerking her clothes away each time she tried to leave. She said she eventually told Twine a lie to get away, saying that one of her children was sick and needed her. The woman said Twine followed her into the garage naked. Twine denied it all, saying that the woman came to his house, had a drink with him on the patio and then left. He denied having any sexual contact, including holding hands or kissing, saying that he takes blood pressure medication and cannot perform sexually. He said he did not walk outside naked. Twine was first tried in 2002, but a mistrial was declared while he was on the witness stand after state District Judge Sharen Wilson ruled that former prosecutor Mick Meyer asked a question that violated his constitutional rights. The judge later ruled that Twine could not be tried again, but an appellate court reversed her decision, paving the way for the retrial. After deliberating about seven hours over two days, jurors returned their verdict Friday morning. After the trial, Ball said he spoke to the jury, who had mixed reasons for the decision. "They said the long and short of it was that the evidence was insufficient," Ball said, adding that there was no physical evidence linking Twine to a sexual assault. Leonard said he did "everything that was possible" in the case. He said acquaintance-rape cases are some of the hardest to prosecute. "Statistics show this type of case is notoriously the lowest conviction rate of any felony that is ever tried," Leonard said. For both sides, the verdict closed a case that has been in legal limbo for more than five years. All the legal wrangling took its toll on Twine -- emotionally and financially. "He has managed to hang on to his home but he is, literally, barely able to pay bills," Ball said. "He is washing cars, mowing lawns, just anything to keep going. I really sympathize with Gary. The penalties he has had to suffer for 5 1/2 years have been extreme." Ball said that, after the first trial, the judge said on the record that jurors told her they would have voted 12-0 for a not guilty verdict if a mistrial had not been declared. "And once again, we got 12-0 for not guilty," Ball said. "Twine is 'not guilty' 24 to nothing. That is acquitted as you can get." Staff writer Deanna Boyd contributed to this report. |
