Judge, prosecutor agree jail isn't place for offender

PROVO — Family members and attorneys expressed hope Wednesday that with proper counseling and treatment, recovery is possible for a young man who broke into a girl's bedroom, high on drugs and naked.

Forrest Barth, 21, was arrested May 9 for accosting a girl he thought was his girlfriend by breaking into her house, getting undressed and climbing onto her bed in the middle of the night.

"I do believe deep in my heart that Forrest can get over this and make a positive turn in his life," said the mother of the 17-year-old girl who was traumatized by the May 9 attack. "I'm grateful for his remorse this morning. Nevertheless, my daughter is still being affected by this."

The mother, whom the Deseret Morning News does not name because the paper does not identify victims of sexual assault, asked the judge that treatment be imposed.

Barth had previously been arrested on May 7 and subsequently charged when he wouldn't leave the girl's front porch. He was released from jail due to a court glitch.

He has since pleaded guilty in 4th District Court to a second-degree felony of burglary and misdemeanors of unlawful sexual activity with a 16- or 17-year-old and possession of Ketamine.

"In all of my visits and phone conversations with Forrest, he has expressed true remorse over the events that have brought us to this point today," father Michael Barth told 4th District Court Judge Claudia Laycock. "He accepts complete and full responsibility for his actions."

Michael Barth talked about his son's previous successful career as a computer programmer and his plans to continue working when he gets out of custody.

"I have no reservations in believing that (Forrest) will succeed," Michael Barth said. "He desires to pick up where he left off in the computer engineering certification program, and he will do that with an effort I can only describe as unstoppable."

Barth was scheduled to be sentenced last week on the charges, but Judge Claudia Laycock wanted to get Barth into drug offender programs, rather than have him sit in jail or prison.

Both Laycock and prosecutor Randy Kennard agree with defense attorney Tom Means that prison is not the best place for the young man with no criminal record.

"I'm going to go with the diagnostic unit," Laycock said, as her final ruling. "I still feel that I need to know more about what is the ... appropriate way to treat him."