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Former Judge, 78, Freed from Charges of Indecency with Child

Accuser says she made charges to police in exchange for dropping burglary charge

Jan. 5, 2005 – A 78-year old former Social Security judge, Forrest Elmo Stewart, was released from house arrest on Tuesday after the Bexar County, Texas, district attorney's office dismissed a case alleging he had sex with a 16-year-old girl, reports the San Antonio Express-News and KENS-TV.

Bexar County prosecutors said they dropped the case because they didn't have the evidence necessary to Stewart, who had been charged with the felony of indecency with a child by sexual contact.

Stewart traveled to Victoria, Texas, last April, as part of his job. Police arrested him that day after getting word that he was with a juvenile. He apparently was not. The information apparently came from a 16-year-old girl who told police Stewart paid her for sex.

Last summer, Mulliner obtained an examining trial, which gives defense lawyers an early peek at the prosecution's case before indictment. The state put the girl on the stand. She made contradictory statements and admitted she made up allegations that Stewart paid her $100 for sex so prosecutors would drop a burglary rap she picked up.

Stewart's lawyer, Jeff Mulliner, said the case was always a weak one.

"Our position all along has been that the case that Forrest Stewart was arrested for was a false allegation," Mulliner said. "I think anybody who sat through that examining trial with that young lady realized that the state case against Forrest Stewart was a pitiful case."

"I thank God. Justice prevails," Stewart said Tuesday.

Click here to full story in San Antonio Express-News

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