EKB News

Cabell County prosecutors say, in August 2008, Rosemary Forney and Steven Foster Jr. sexually assaulted and murdered Lincoln County social worker Brenda Yeager, but the state has decided to try them separately. The defense argues Forney does not have the mental capacity to have committed the crime nor provide correct statements to troopers prior to her arrest. They also allege she didn't understand she wasn't under arrest nor the Miranda form and rights she was read during questioning August 1, 2008. During a hearing Friday to suppress evidence, a Kanawha County psychologist, who tested Forney, testified in favor of the defense, saying Forney reads and comprehends at a 3rd. grade level, while the Miranda form requires a 6th. grade IQ. Cabell County Prosecutor Chris Chiles countered the claim by producing Forney's education history, which reveals she graduated from Spring Valley High School with a 2.98 grade average. In order to allow time for the defense to call more witnesses to the stand, the murder case was reset for December 17th.