Wednesday morning, David Forrester went before the same judge who sentenced him asking for a lesser punishment.
Back in February, 41-year-old Forrester was sentenced to 10 years for child pornography and 20 years for online solicitation. The judge, Paul White, stacked together the sentences making Forrester's prison time a total of 30 years. Angelina County Assistant District Attorney James Mamalis said despite Forrester pleading guilty, he had a problem with his punishment.
"He was asking the judge to grant him a new trial based on his argument that they couldn't stack the sentences that he was found guilty on," Mamalis said.
During court, Judge White said there is logic behind their ruling and a new trial is not needed. However, White said he plans to take the next 20 days to review the case, so he can decide what should happen next.
"This statue hasn't been tested in the courts; there is no case law to define it, and the language could be read a couple of different ways," Mamalis said.
According to the motion for a retrial document, Judge White's tactic of stacking Forrester's sentences was illegal and therefore cruel and usual.
According to the arrest affidavits, back in August of 2012, police arrested Forrester after police found a missing child at his house. The document also states that the mother of the child also found sexually explicit text messages on her child's iPod. Under police custody, Forrester admitted to performing sexual acts with the child on three different occasions. Forrester's plea seemed to have gotten the attention of the community. On Wednesday, several of Forrester's friends and family came out to support Forrester and protest his punishment.