UPDATED Thursday, March 14, 2013 --- 10:38 a.m.
MADISON, Wis. (AP) -- A Wisconsin appeals court has upheld a conviction in a 1980 murder.
Curtis Forbes of Randolph was sentenced to life in prison in 2010 after he was convicted of first-degree murder in the beating and stabbing of 18-year-old Marilyn McIntyre.
Forbes argued on appeal that the lower court should not have allowed a statement from his wife that she had seen blood on his shirt. The 4th District Court of Appeals wrote Thursday that any error in admitting the statement was harmless because the jury was likely to have reached the same verdict without it.
The appellate court also rejected Forbes' argument that he should have been allowed to present more evidence implicating McIntyre's husband.
Forbes' defense attorney didn't immediately respond to a phone message.
Copyright 2013: Associated Press
UPDATED Tuesday, July 19, 2011 --- 2:40 p.m.
A Columbia Co. judge has denied a motion for a new trial for Curtis Forbes.
UPDATED: Wednesday, February 23, 2011 -- 4:30 p.m.
By NBC15's Dana Brueck
Today, the final step in a murder case spanning more than 30 years... A life in prison sentence for the man convicted in this cold case from Columbia County.
Before a courtroom with heavy security and packed with loved ones from both families, Curtis Forbes was handed the mandatory sentence of life in prison for killing Marilyn McIntyre in March of 1980.
"After doing so, you lived... laughed... enjoyed your family... holidays, birthdays, just being alive," Brenda Daniels, Marilyn's sister, said.
"He has lived his life the last 30 years as if nothing ever happened," Carolyn Rahn, Marilyn's twin, said.
The 18-year-old's twin sister told the court she lost a part of herself when Marilyn was killed.
"All I have left of Marilyn are pictures and memories which are fading with time," Rahn said.
And, with time, Lane McIntyre - who was married to Marilyn and discovered her body - said he has been able to forgive Forbes.
"To carry that kind of hatred around in your heart is heavy, and I want so badly to heal ... my family ... relationship with my son because that's what Marilyn would want."
The judge called the case a "hard fought" one.
He also noted the viciousness with which Marilyn died...having been beaten, stabbed and strangled.
Still, two brothers of Forbes... maintained his innocence.
"His family is gonna stick behind him until the murderer is caught and Curtis is exonerated," Dennis Forbes said.
Debra Forbes, Curtis's wife who has filed for divorce, sat quietly.
Forbes himself had little to say when given the chance.
"I agree with my lawyer," he told the judge.
Curtis Forbes continues to fight for his freedom. His attorneys have filed a notice to appeal and have pending a motion for a new trial.
The judge also ordered Forbes be required to register as a sex offender.
UPDATED Wednesday, February 23, 2011 -- 1:20 p.m.
Today, a judge handed down a life sentence for Curtis Forbes. Forbes was convicted last year for the 1980 murder of Marilyn McIntyre.
UPDATED Tuesday, November 16, 2010 --- 8:50 a.m.
Press Release from the Attorney General's Office:
PORTAGE - Attorney General J.B. Van Hollen announced today that Curtis Forbes of rural Randolph, Wisconsin was found guilty by a Jefferson County jury sitting in Columbia County Circuit Court with the Honorable Alan White presiding. Curtis Forbes was convicted of having murdered Marilyn McIntyre on March 11, 1980. Marilyn McIntyre was the wife of the defendant’s longtime friend.
Forbes was arrested on March 24, 2009 in the cold case murder of Marilyn McIntyre. The trial began on Monday, November 8, 2010 and continued through closing arguments and the beginning of deliberation on Monday, November 15, 2010. Sentencing is scheduled for a later date. Forbes faces life imprisonment.
“I want to congratulate Assistant Attorney General David Wambach on an outstanding job,” said Attorney General J.B. Van Hollen. “This case exemplifies cooperation between law enforcement agencies. It is our mission to assist law enforcement, and to do so with the highest level of professionalism and competence."
The Wisconsin Department of Justice, Division of Criminal Investigation teamed with the Columbia County Sheriff’s Department and Columbus Police Department in a joint investigation. The Wisconsin Department of Justice, Criminal Litigation Section teamed with the Columbia County District Attorney’s office in the prosecution of Forbes.
The case was prosecuted by Assistant Attorney General David J. Wambach on behalf of the Wisconsin Department of Justice.
Additional information on a recent cold case grant received by the Wisconsin Department of Justice and some of the recent cold cases investigated by DOJ is available at http://www.doj.state.wi.us/absolutenm/templates/template_share.aspx?articleid=2214&zoneid=13.
UPDATED: Monday, November 15, 2010 -- 8:30 p.m.
By NBC15's Dana Brueck
A guilty verdict in a murder mystery spanning 30 years!
A family friend is found guilty in the savage death of a Columbus woman in 1980.
"... Guilty of 1st degree murder... "
Curtis Forbes dropped his head as sobs from the victim's family filled the court Monday night.
Guilty of 1st degree murder in the 1980 beating, stabbing, and strangling of 18-year-old Marilyn McIntyre.
The jury of 12 from Jefferson County deliberated fewer than three hours after a weeklong trial.
"I'm a fan of old sayings ... one is better late than never and so that's what we've had here," Asst. Atty. Gen. David Wambach said.
Marilyn's twin sister, Carolyn Rahn, who also testified during the trial, expressed relief, saying there's finally justice for Marilyn.
"They got a guilty... what we wanted ... finally over.. can finally put Marilyn to rest," Rahn said.
In closing arguments, prosecutors said Forbes was a defendant on the prowl the night of McIntyre's murder.
His girlfriend moved out days before the murder.
He struck out with two other women hours before murdering Marilyn around three o'clock in the morning.
"... came to McIntyre's like a thief in the night ... " Wambach told jurors Monday in closing arguments.
Chris McIntyre, the victim's son... who was only 3-months-old ... was the only witness to the crime.
"He robbed me... something never got to experience... my mother... changed my life forever," he said afterward.
"I knew he was guilty from day one," Rahn said of Forbes.
But for 30 years, Lane McIntyre lived under suspicion... having found his wife's body in their living room when he returned from work.
"Having to tell how I found her... have to re-live that moment," he said, "My innocence is vindicated... only two people knew ... me and Curt Forbes."
The 53-year-old Forbes faces life in prison.
A sentencing date is still to be determined.
Defense attorneys, who argued this was a circumstantial case, declined to speak after the verdict.
UPDATED Monday, November 15, 2010 --- 6:00 p.m.
A jury in Columbia County has found Curtis Forbes guilty in the murder of Marilyn McIntyre in March of 1980.
NBC15's Dana Brueck was in the courtroom. She is gathering reaction at this time. Watch her report tonight on NBC15 News at 10pm.
UPDATED Monday, November 15, 2010 --- 9:30 a.m.
The Defense has rested in the trial of Curtis Forbes. Forbes did not testify. As we've reported, Forbes is accused of fatally beating and stabbing a young mother 30 years ago in Columbia County.
NBC15's Dana Brueck is following this story. She'll post updates throughout the day here at NBC15.com. You can also watch her reports tonight on NBC15 News at 5pm and 6pm.
UPDATED Monday, November 8, 2010 -- 6: 15 p.m.
By NBC15's Dana Brueck
In Columbia County, the case against a man -- accused of a 30-year-old murder -- is unfolding.
The state began by portraying the accused as a man who chased women, a man who fled days after the murder of his best friend's wife.
Defense attorneys, meanwhile, told the jury this is strictly a circumstantial case.
"No one sees his car. No one sees him... no forensic evidence of him being there," defense attorney David Geier told jurors Tuesday morning.
53-year-old Curtis Forbes sat as the jury learned the brutal details of Marilyn McIntyre's murder in March of 1980.
"This is a case about following the blood," Asst. Atty. Gen. David Wambach told jurors Tuesday.
The 18-year-old mother was found in her Columbus living room when her husband returned home from work.
The couple's 3-month-old son, the only witness to the crime, also was in court ... with Marilyn's family, including her twin sister, who also testified.
But much of the morning's testimony came from the forensic pathologist who did Marilyn's autopsy more than 30 years ago.
He said Marilyn was strangled... stabbed... and she was beaten so badly... pieces of bone from her skull were found in her hair.
"... that's where defendant leaves Marilyn McIntyre... "
In the prosecution's opening statements, the Jefferson County jury heard a clip of a jailhouse conversation between Forbes and his wife, Debra, two days after his arrest in March of last year.
"I have to find out what the facts are...first.
The facts are, Debra, I did not murder Marilyn McIntyre.
Then where did the bloody shirt come from ..?
I did not kill Marilyn.
Explain it to me, then.
Not on the phone."
"Of course... confused, she talks to Curt Forbes...and what about the bloody clothes... Curt Forbes says I'm not guilty, I did not kill her and we'll talk about it later," Geier told the jury.
The defense suggested Debra Forbes was scared, intimidated when questioned by investigators the day of her husband's arrest...when she reportedly told them about his bloody shirt... and about his arrival at her parents' home... the night of the murder.
"She can see he's agitated. She can see he is so keyed up ... that he's shaking," Wambach said.
A number of friends and family of the victim, her husband and the defendant testified today.
The trial continues the rest of the week.
We also expect to hear from a man who told investigators Forbes has bragged to him about getting away with murder...and from Curt's wife, Debra.
UPDATED Monday, November 8, 2010 --- 7:45 a.m.
PORTAGE, Wis. (AP) -- Trial begins Monday for a Randolph man accused of fatally beating and stabbing a young mother 30 years ago in Columbia County.
Advances in DNA technology revived an investigation into the death of 18-year-old Marilyn McIntyre. Her husband found her body when he returned from working an overnight shift on March 11, 1980. The couple's 3-month-old baby was in a crib at their Columbus apartment.
A criminal complaint filed after McIntyre's body was exhumed in 2008 says blood from both the defendant, Curtis Forbes, and McIntyre were found in a bathroom sink at the victim's home.
Copyright 2010 by The Associated Press. All Rights Reserved.
UPDATED Monday, May 10, 2010 --- 7:10 p.m.
Justice Department sources tell NBC15 News that the state will not appeal a judge's ruling not to allow prosecutors to use certain DNA evidence in the Curtis Forbes case.
UPDATED Monday, May 10, 2010 --- 12:10 p.m.
From NBC15's Dana Brueck
A man charged with a murder dating back to 1980 will remain in jail; at least for now.
This morning, a Columbia County judge continued a motion to re-consider bond for Curtis Forbes.
Forbes is charged with the murder of Marilyn McIntyre, who was found dead in her Columbus apartment in March of 1980.
Attorneys for Forbes wanted his $450,000 cash bond modified to a signature bond or property bond after his trial was postponed.
David Geier, Defense Attorney, says: "We were ready to go to trial in this matter last week. The state has requested an adjournment or set over while it's still contemplating whether or not to to take up court's ruling as it relates to certain DNA issues."
The state also pointed out the court already has reduced bond from $750,000.
Prosecutors have until Friday to determine whether to appeal an earlier ruling by the judge concerning some DNA evidence.
Today, the judge said he would rule on the bail motion after the state decides whether to appeal.
An appeal could take months or years to work its way through the system.
UPDATED Friday, April 30, 2010 --- 8:40 a.m.
This morning's Beaver Dam Daily Citizen reports the trial for Curtis Forbes has been postponed.
According to the online edition of the paper, Judge Alan J. White granted a motion from the prosecution for time to decide whether the prosecution or the Department of Justice will appeal his ruling Wednesday to suppress DNA evidence in the case.
UPDATED Thursday, April 29, 2010 --- 8:50 a.m.
This morning's Beaver Dam Daily Citizen reports a ruling Wednesday puts limits on what prosecutors can say about DNA information taken from a stain mixture in the bathroom sink of Marilyn McIntyre's apartment on March 11, 1980.
In March 2009, Curtis Forbes was arrested for the 1980 murder of 18-year-old Marilyn McIntyre, a wife and mother from Columbus. Forbes, 52-years-old, faces life in prison if he is convicted on a charge of first-degree murder.
According to the Daily Citizen, when Forbes was arrested, a criminal complaint listed Forbes as a "possible contributor" to the stain mixture; Judge Alan White said that the DNA data from the mixture, tested last in February 2008, is inconclusive. "The court finds that the term ‘inconclusive' is tantamount to a synonym for being irrelevant," White said.
To read the entire article in the Beaver Dam Daily Citizen, click on the link in the "RELATED LINKS" section at the end of this webpage.
UPDATED Wednesday, November 11, 2009 -- 5:00 p.m.
By NBC15's Dana Brueck
The man suspected of a nearly 30-year-old murder returns to court. His attorneys want to suppress some evidence from the day of his arrest, earlier this year.
Wearing jail orange, 52-year-old Curtis Forbes returned to court in Columbia County.
In March, the Randolph man was arrested for the 1980 murder of 18-year-old Marilyn McIntyre, a wife and mother from Columbus.
Attorneys for Forbes have filed motions to suppress some evidence the day of his arrest and some statements.
First to take the stand, Det. Sgt. Linda Shawback, who was one of two detectives to detain Forbes at his home back in March.
"When you got in ... ask 'Ok, if I'm here'...
He did not tell us to leave...
Not my question.
Defense attorneys repeatedly questioned Shawback about a series of interviews with Forbes the same day at the Sheriff's Department.
"Search warrant did not allow interview...
Mr. Forbes gave us permission."
Forbes's team also questioned when he was physically given a copy of the warrant... And how many times he was read his rights...
"...I believe he understood what I read him," Lt. Wayne Smith testified.
Court records show three times.
"He always continued to talk until he asked for a lawyer," Det. Sgt. Linda Shawback testified.
"... Believe I said ... intended to interview him... if he was willing... more than one discussion about that," Lt. Wayne Smith said on the stand.
Other testimony was about an informant who has said he talked with Curtis Forbes six or seven years ago.
The man has said Forbes bragged to him while the two were in the Forbes home about getting away with murder.
Defense attorneys attacked the man's statements as basis for the search warrant for their client's DNA.
"I know it was reported to me he wasn't sure of the wording...
I do know Marilyn McIntyre ceased to breathe that night," Lt. Wayne Smith testified.
Detectives also interviewed the suspect's wife the day of his arrest. She's also expected to take the stand.
The hearing continues Thursday morning. The judge already has agreed to a jury from outside of Columbia County.
UPDATED Wednesday, November 11, 2009 --- 12:53 p.m.
Curtis Forbes, the suspect in the murder of Marilyn McIntyre back in 1980, has a motion hearing today in Columbia County court.
Many different issues will be discussed today, including a motion to suppress Forbes' arrest and a motion to change the venue.
So far, the judge has decided that should the case go to trial, the jury will come from a different county.
NBC 15's Dana Brueck is at the hearing. She reports that a detective has taken the stand to give testimony about Forbes' questioning and the search warrant in the case. A deputy who helped detain Forbes in March also testified.
Other law enforcement officials and Forbes' wife, Debra Forbes, are expected to take the stand this afternoon. Stay with NBC15 and nbc15.com for the latest updates.
UPDATED Tuesday, July 14, 2009 -- 6:30 p.m.
The suspect in a murder dating back to 1980 will stand trial.
In March of 1980, Marilyn McIntyre was found dead in the Columbus apartment she shared with her husband. She had been beaten, strangled and stabbed.
Earlier this year, police arrested a man for first degree murder. Tuesday was the final day of the preliminary hearing for Curtis Forbes, who was a friend of Marilyn's husband back in 1980. And it has been a long two days for Marilyn's loved ones with some graphic testimony. But Tuesday afternoon, Marilyn's twin sister said she's happy to see a suspect in court and a shot at justice.
"So, so many feelings... it's another step closer to finding justice for Marilyn."
Tuesday morning, the suspect's wife - Debra Forbes - took the stand. The state questioned her about statements she made earlier this year about the early morning hours of March 11th - the day Marilyn was found dead.
In the complaint against her husband, Debra Forbes told investigators she saw blood on Curt's shirt, under his sweater. Tuesday, she said she never saw an undershirt or blood on it.
"They manipulated me into saying anything that day for 7.5 hours."
"I never said blood. They manipulated me into lots of things that day."
"She looked down at left wrist... and tugged at imaginary shirt... she saw bright-colored blood," Det. Sgt. Jay Yerges later testified about questioning Debra Forbes.
A later witness testified Debra Forbes talked to her about blood on Curt's shirt... saying Curt asked her, Debra, to take care of it.
Family of Forbes declined to comment after the hearing.
UPDATED Tuesday, July 14, 2009 --- 3:15 p.m.
3:15 p.m. A judge ruled that Curtis Forbes will stand trial for the murder of Marilyn McIntyre, killed nearly three decades ago.
11:40 a.m. Update: On the stand now: Keith Attleson, Debra's brother. He says he heard Curtis Forbes at his parents' home around 4:00 am (the night of the murder). Voices of his sister, their parents and Curt woke him up.
11:20 a.m. Update: Merle Forbes, father of Curtis, testified. Now on the stand, Curtis' mother, Janice.
10:20 a.m. Update: Debra has repeatedly said today law enforcement manipulated her during the interview earlier this year when she said Curt arrived agitated and was shaking while they laid together.
10:15 a.m. Update: Debra is also testifying she is not sure what time Curt arrived at her parents home -- 20 minutes after 2am or 10 minutes after 4am. That also is contrary to what she told law enforcement on March 12th, of 1980 (the day after the murder). Back then, she said she checked her watch and said 4am.
10:00 a.m. Update. On the stand is Curtis Forbes' wife Debra. Debra says there wasn't blood on him when he came to stay with her at her parent's home the night of the murder. This is contrary to the interview listed in the criminal complaint, released March 2009.
9:15 a.m. Update. NBC15's Dana Brueck is in the courtroom this morning. She'll provide updates on key testimony throughout the day, here on NBC15.com
UPDATED Monday, July 13, 2009 -- 5:45 pm
"He told me I must not know how to do it because he's gotten away with murder," Gary Bednar testified in court Monday.
Chilling details emerge from a murder investigation spanning almost 30 years.
18-year-old Marilyn McIntyre was found by her husband in their Columbus home after he returned from work one morning in March of 1980. The wife and mother had been stabbed, beaten and strangled.
Her 3-month old son was asleep in the home at the time. In March of 2009, Curtis Forbes was arrested for first degree murder. Forbes was a friend of Marilyn's husband in 1980. The criminal complaint against Forbes shows he denied killing Marilyn during an interview with investigators, two days after the murder. Prosecutors have said DNA evidence links Forbes to Marilyn's death.
Monday's hearing lasted several hours. Loved ones of Marilyn packed an entire side of the courtroom... all of them wearing pins, with one line -- Justice for Marilyn -- something they've wanted for almost 30 years.
"He said my wife... came home... found my wife murdered."
The woman who used to live in the apartment above Marilyn and Lane McIntyre in 1980 was among the more than a dozen to testify. Betty Wolf recalled how the McIntyre's dog woke her up around 3:15 the morning of March 11th. He was tied up outside at the time.
"The night I heard it, it was like he wanted to get away from the post... get away from it," Wolf said Monday, "His barking was different that night."
Hours later, Marilyn's husband Lane would return home from work to find his dog frightened and his wife, dead.
"I stood in the doorway and I was trying to hear her breathing. My mind didn't want to accept what I was seeing."
Back in 1980, Curtis Forbes and Lane McIntyre were friends, from high school. In court, defense attorneys questioned McIntyre about his overnight work schedule...where he took his breaks and for how long.
Lane's sister, Rhonda Erickson has remarked in the past how Lane has lived under suspicion for 29 years. Erickson also took the stand, saying the night before Marilyn was found, Forbes asked her to take off with him while the two were at a Columbus tavern.
"I told him absolutely not ... he became angry, upset."
Mike Forbes, a brother of the suspect, talked about his brother's activity after the murder. But it was a man who says he talked with Curtis Forbes six or seven years ago, who captured the courtroom. Gary Bednar says Forbes bragged to him while the two were in the Forbes home about getting away with murder.
"He proceeded to tell me... I don't know how to do it ... he went into detail ... he had his way with her and killed her."
Bednar said James, Curt's son, was there the day of his conversation with Curt, but James testified later today, Bednar was never at his parents' home while he was there. The hearing continues Tuesday.
Stay with NBC 15 for continuing coverage on the Marilyn McIntyre murder case. We will bring you the most up to date information here at www.nbc15.com
UPDATED Monday, July 13, 2009 --- 2:35 p.m.
2:35 p.m. Update: Court has recessed for the day. Resumes tomorrow.
2:30 p.m. Update: James Forbes, son of Curtis, denies that Gary Bednar was ever in Forbes home (while James was there).
2:00 p.m. Update: Gary Bednar just testified that Curtis Forbes told him he got away with murder during a conversation at the Forbes home. Bednar had employed Curtis' son, James Forbes.
1:30 p.m. Update: Mike Forbes, brother of Curtis Forbes, is on the stand right now. He is being asked (by Prosecutors) about Curtis' disappearance after the murder.
11:15 a.m. Update: Betty Wolf is now on the stand. She talked about hearing a dog bark at 3:15 a.m. She lived upstairs from Lane and Marilyn.
10:30 a.m. Update: Hearing is now in recess. Rhonda Erickson, Lane's sister is up next. Just moments ago, the Defense asked Lane about his work schedule, and how many breaks he took (and length of those breaks). As we reported in the past, Lane found Marilyn in their Columbus home after returning from work one morning.
9:50 a.m. Update: Lane McIntyre (Marilyn's husband) is on the stand, testifying about the moment he found Marilyn dead.
9:30 a.m. NBC15's Dana Brueck is in the courtroom this morning. She says members of Marilyn's family are wearing pins with Marilyn's picture. Written on the pins: "Justice for Marilyn."
A case that went cold several years ago will be front and center in court this week.
A Randolph man accused of killing a Columbus woman nearly 30 years ago will be in court today.
A three-day preliminary hearing begins for 51-year-old Curtis Forbes.
He is accused of beating, stabbing and strangling Marilyn McIntyre to death in March of 1980.
The case went cold. But last year, Marilyn's body was exhumed for DNA evidence.
A search warrant says Forbes was a "possible contributor" to a DNA mixture found in the sink of the McIntyre home in 1980.
He was arrested in March of this year, and could face life in prison if convicted.
UPDATED Monday, March 30, 2009 -- 6 pm
"If he's able to raise that money, he will take off. He will be gone," Rhonda Erickson, Lane McIntyre's sister, says of Curtis Forbes.
Loved ones worry as cash bond is set for a man accused of murdering a Columbus woman decades ago.
Family of the victim have been waiting 29 years for this day. The man suspected of the murder appeared in Columbia County court on Monday -- facing a charge of first degree murder.
"He let my brother take the blame the last 29 years and that's so unfair."
Curtis Forbes is suspected of the March 1980 murder of 18-year-old Marilyn McIntyre, a wife and mother. Marilyn's husband, Lane, found his wife in their Columbus home after returning from work one morning.
"Lane is very angry, very bitter toward a lot of people in Columbus because of the fact they pointed the finger at him and thought he was the one guilty of murdering her," Erickson says.
Family of Marilyn McIntyre, who have said they suspected Curtis Forbes from the start, watched as the District Attorney requested a cash bond of $5 Million, saying Forbes's history indicates he's a flight risk. Jane Kohlwey says Forbes fled 2-days after the murder - the same day he was interviewed by investigators. Then, she says he left Wisconsin after NBC15 coverage of the case decades later.
"In ... March of 2008, WSJ and WMTV ... continuing coverage.. very shortly afterward... Mr. Forbes and his wife ... Hawaii for three weeks."
But Forbes's defense attorney called the DA's request an "absurd amount" based on "conjured up concerns."
George Strother says his client has family and community ties to Wisconsin. He also needs to earn a living to pay for representation.
"The new information is a rehash of old information... even the scientific testing is highly ambiguous."
And Strother says, Forbes - though he has left the state in the past - has always returned to Wisconsin.
"He certainly knew that he was of some interest to police yet he didn't flee."
The judge set a cash bond at $750,000. Forbes's family refused to comment after the hearing.
If Forbes makes bond, he's required to report - in person - to the sheriff's office daily by 6 pm.
The criminal complaint is revealing new details of the case against Curtis Forbes.
It says 2-days after the murder, Forbes denied killing McIntyre during an interview with investigators. A week later, Forbes missed a scheduled interview with investigators. His whereabouts were unknown.
Then, less than a week ago investigators interviewed Forbes's then-girlfriend - who's now his wife - about the night of the murder. She reported Forbes arrived at her parents' house agitated. The two were on the couch with Curtis "just shaking." She also reported blood on his undershirt.
Remember to stay with NBC 15 and NBC15.com for continuing coverage of Justice for Marilyn.
UPDATED Monday, March 30, 2009 --- 2:40 p.m.
PORTAGE, Wis. (AP) -- A 51-year-old southern Wisconsin man has been charged with first-degree murder in the death of a friend's wife nearly 30 years ago.
Columbia County Circuit Judge Alan White set a $750,000 cash bond Monday for Curtis Forbes of Randolph.
Columbia County District Attorney Jane Kohlwey had asked for a $5 million bond, saying Forbes could be flight risk and threat to some witnesses.
Prosecutors have said DNA evidence connects Forbes to Marilyn McIntyre's death in March 1980. Her husband found the 18-year-old stabbed, beaten and strangled in their Columbus home.
Forbes' attorney George Strother says he's not confident the union carpenter or his family can raise the cash for the bond. Forbes is being held in the Columbia County Jail.
Copyright 2009 by The Associated Press. All Rights Reserved.
UPDATED Monday, March 30, 2009 --- 2:15 p.m.
Update from NBC15's Dana Brueck:
The state requested $5 million cash bond for Curtis Forbes. However, the court set a $750,000 cash bond, with the condition that he report to the Sheriff's Department every day -- including weekends -- by 6:00 p.m. (to show that he hasn't left the state). The state cited NBC15's 2007 and 2008 stories as reasons Forbes might be a flight risk. More on that part of the story on NBC15 News at 4:00 p.m. and 5:00 p.m.
UPDATED Monday, March 30, 2009 --- 12:15 p.m.
PORTAGE, Wis. (AP) -- A 51-year-old southern Wisconsin man has been charged with first-degree murder in the death of his friend's wife nearly 30 years ago.
Columbia County District Attorney Jane Kohlwey says Curtis Forbes of Randolph will make his initial court appearance Monday. Online court records show the charge was filed Monday, but list no defense attorney.
Forbes was arrested last week after prosecutors said DNA evidence connected him to Marilyn McIntyre's death in March 1980. Her husband found the 18-year-old stabbed, beaten and strangled in their Columbus home.
Court documents say an informant told detectives in February that he heard Forbes tell Forbes' son in 2002 that he took a wife's friend home from a bar and she didn't breathe anymore that night. Forbes is being held in the Columbia County Jail.
Copyright 2009 by The Associated Press. All Rights Reserved.
UPDATED Monday, March 30, 2009 --- 8:10 a.m.
Curtis Forbes is expected to appear in Columbia County Circuit Court Criminal Intake at 1:00 p.m. this afternoon.
This will be done using the Court's video intake capabilities with Mr. Forbes and his attorney present at the Columbia County Jail with 2-way transmission to/from the Columbia County Courthouse.
NBC15's Dana Brueck will be there. Watch her reports on NBC15 News at 4:00 p.m., 5:00 p.m., 6:00 p.m. and right here on NBC15.com.
From the AP:
PORTAGE, Wis. (AP) -- A 51-year-old Randolph man arrested in the death of his friend's wife nearly 30 years ago is slated to make his first court appearance Monday.
Columbia County District Attorney Jane Kohlwey says Curtis Forbes is to make his initial court appearance at 1 p.m. Formal charges have not yet been filed.
Forbes was arrested last week after prosecutors said new DNA evidence connected him to Marilyn McIntyre's death in March 1980. Her husband found the 18-year-old stabbed, beaten and strangled in their Columbus home.
Court documents say an informant told detectives in February that he heard Forbes tell Forbes' son in 2002 that he took a wife's friend home from a bar and she didn't breathe anymore that night.
Copyright 2009 by The Associated Press. All Rights Reserved.
UPDATED Friday, March 27, 2009 --- 12:35 p.m.
Press release from the Columbia County District Attorney:
At this time, it is anticipated that on Monday, March 30, 2009, a Criminal complaint will be filed by the Columbia County District Attorney's Office against Curtis E. Forbes, DOB 7/18/1957, in connection with the 1980 death of Marilyn McIntyre. No final charging decision has been made at this time, so the exact criminal charge or charges that will be filed are not yet determined.
Mr. Forbes is expected to appear in Columbia County Circuit Court Criminal Intake at 1:00 p.m. on March 30, 2009. This will be done using the Court's video intake capabilities with Mr. Forbes and his attorney present at the Columbia County Jail with 2-way transmission to/from the Columbia County Courthouse.
As is true in all criminal matters, Mr. Forbes is presumed innocent until found guilty in a court of law.
UPDATED Wednesday, March 25, 2009 -- 5:30 p.m.
"I think the justice system is gonna prevail, and he's going to get what's coming to him," Chris McIntyre says. The only witness to the murder of his mother speaks out as detectives arrest a suspect 29 years after the crime.
Family say they've been hopeful for an arrest. But Tuesday's arrest offered up a whole range of emotions: shock and excitement, yet peace and relief.
"It took this while... but worth the wait, well worth it," Brenda Daniels says.
The family of Marilyn McIntyre has been waiting almost 30 years for justice.
Marilyn's son, Chris, has been waiting his entire life.
"I always think about what it'd be like if she was here."
At 3-months-old, Chris McIntyre was the only witness to the murder of his mother at their home in Columbus in 1980.
"To take a young baby's mother away from him, that's hard to grasp. What kind of monster is he," Daniels says.
A search warrant shows investigators cannot account for Curtis Forbes's whereabouts for an hour and a half during which time they believe Marilyn was murdered.
It also states an informant reported a conversation with Forbes from several years ago. The informant told investigators the two were talking about the impossibility of a perfect murder nowadays. The informant says Forbes commented -- "that's not true, I got away with it."
Brenda Daniels, Marilyn's sister, says she's convinced investigators have the right suspect.
"Oh, yes, without a doubt," she says, "I just wish I could've known her longer than 18 years, but Curt took that away from us."
Family say they're ready for another long road ahead, letting the justice system take its course but say justice for Marilyn is well worth the wait.
"Mother's Day is coming up. I'll be out there," Chris McIntyre says.
The family also credits two detectives with the Sheriff's office for never giving up. Investigators re-opened the case at the family's request a year and a half ago.
UPDATED: Wednesday, March 25, 2009 --- 6:00 p.m.
Some call Curtis Forbes a friendly, family man and others say they've expected this arrest all along.
News of the arrest spread like wildfire through Randolph, the city Forbes calls home.
One of many people NBC 15 talked to was his son who says no one should rush to judgment.
51 year old Curtis Forbes is a husband and a father of two. It is those who know him best finding the news hardest to believe. He's been arrested on suspicion of committing a 29 year old murder.
At Forbes' Randolph home his son spoke to NBC 15 saying the arrest is a shock and his father is not the type of person capable of murder.
Neighbors are shocked as well.
John Verhage says, "It's a weird thing. I don't think it's quite sunk in yet."
For 10 years Verhage has lived next door.
He says, "Curt has been in the Labor Day Parade in Randolph with antique cars and that type of thing. He was always cordial and friendly and would wave and that type of thing."
A regular customer at the local hardware store, polite and friendly are the description from employees there as well and many around town seemed to know him.
Joe Pulver says, "I would have never expected it, not seeing the way he'd come in and present himself. No, I would have never figured that."
But many people who have lived in Randolph all these years tell me they're not surprised by the arrest. They knew Curtis was a suspect initially and while they didn't want to talk on camera today they tell me every time they've seen him for the last 29 years, the murder is something they've thought about.
At his home his son says the assumption of guilt is what this family hopes to avoid.
He adds that whatever did happen 29 years ago had nothing to do with himself, his sister, or his mother, Forbes' wife.
Forbes is currently being held in the Columbia County Jail and is expected to make his first court appearance Monday.
UPDATED Wednesday, March 25, 2009 --- 11:31 a.m.
Columbia County search warrants obtained by NBC15 News:
On March 12, 1980, the day after the murder of Marilyn McIntyre, McIntyre's husband, Lane, told investigators that Curtis Forbes was one of the few people Marilyn would allow to enter the house, and that Forbes would be the first suspect in his mind.
Based on interviews with friends of Forbes, investigators concluded there was a 90-minute window of time during which Forbes's whereabouts are unaccounted for; when his time frame of events did not match up with that of his girlfriend and her parents.
Investigators believe McIntyre was murdered sometime during that 90-minute window.
In October of 2007, investigators submitted hair samples from the 1980 murder scene to the State Crime Lab for DNA analysis.
It was determined that Forbes was "a possible contributor to the DNA mixture" that was found in the sink of the McIntyre home after the murder.
Yesterday, investigators searched Forbes, and took new DNA samples which will also be tested at the State Crime Lab.
UPDATED Wednesday, March 25, 2009 --- 10:50 a.m.
PRESS RELEASE FROM COLUMBIA COUNTY SHERIFF'S OFFICE:
On March 24, 2009 Curtis E Forbes age 51 was arrested for 1st degree intentional homicide in the death of Marilyn McIntyre. Marilyn was found murdered on March 11th, 1980 in her City of Columbus residence. Marilyn was 18 years old at the time of her murder; she was discovered in the early morning by her husband Lane McIntyre after he returned home from his third shift job. The McIntyre’s three month old son, Christopher, was asleep in the residence at the time of the murder.
The Murder was initially investigated by the Columbus Police Department and Wisconsin Division of Criminal Investigation. The Wisconsin State Crime Laboratory also assisted. The case ultimately went cold after several years. In late 2007 the family of the deceased contacted the Columbia County Sheriff’s Office and the case was reopened.
Dr. Robert W. Huntington III, MD, conducted an autopsy of Marilyn McIntyre’s body on March 12, 1980. Dr. Huntington determined “the cause of Ms. McIntyre’s death to be blunt injury to the head, strangulation or both with possible contribution by the knife in the chest.”
Forbes was a person of interest initially and shortly after the murder fled the state. Forbes was a close personal friend of Lane McIntyre and was later identified as a suspect in the murder after a lengthy investigation and DNA analysis. DNA analysis was not available to investigators in 1980.
Columbia County Sheriff’s Detectives made contact with Forbes during a traffic stop near his rural Randolph residence on March 24th, 2009. A search warrant was executed on Forbes person for additional evidence. Forbes was subsequently arrested after 7pm on the 24th and is currently being held in the Columbia County Jail.
It is anticipated that Forbes will appear in Columbia County Circuit Court on Monday March 30th, 2009. No further Press Release will occur until after Forbes’ initial appearance. Any inquiries shall be directed to the Columbia County District Attorney’s Office at 608-742-2191.
The Columbia County Sheriff’s Office was assisted in the investigation by The Columbus Police Department, Dodge County Sheriff’s Office, The Columbia County District Attorney’s Office, State of Wisconsin Division of Criminal Investigation, State of Wisconsin Crime Lab, Sioux Falls S.D Police Department, Bureau of Indian Affairs N.D., and the Royal Canadian Mounted Police.
Posted Tuesday, March 24, 2009 --- 10:00 p.m.
First on NBC15 News:
Investigators have made an arrest in a nearly 30-year-old murder of a young Columbus woman. Investigators re-opened the case a year and a half ago.
On Tuesday, they confirmed an arrest of a Columbia County man, who's now facing a first degree intentional homicide charge for the murder of Marilyn McIntyre.
This month marks the 29-year anniversary of the murder. On Tuesday, investigators refused to say what led them to arrest what they call an acquaintance of McIntyre.
His name is Curtis Forbes.
He was detained near his Randolph Township home and later booked into the Columbia County Jail. He's facing a charge of 1st degree intentional homicide.
Marilyn McIntyre's husband came home from work on March 11th of 1980 to find his young wife beaten, stabbed and strangled in their Columbus home.
In March of last year, the Columbia County Sheriff's Office exhumed McIntyre's body from a cemetery in Lowell. They wanted to re-examine her body for DNA evidence. It was tough on the family but something they wanted to do to find justice for Marilyn.
Marilyn's Twin Sister, Carolyn Rahn, says today is the happiest day of her life.
"It's unreal. He's behind bars. He's behind bars. That's where he belongs. He should've been there 29 years ago. I can honestly say I can probably sleep peacefully tonight," Carolyn said Tuesday evening.
The case was re-opened in Fall of 2007 at the request of McIntyre's family. She was 18-years-old when she was killed and had given birth to a son three months earlier. A year ago, investigators said they'd narrowed their search to one local man. It's unclear if Curtis Forbes is that man, but we expect to learn more about the investigation on Wednesday.