A Vermont child sexual abuse case from 1987 may be getting closer to trial after years of the defendant telling the court he is dying.

Leonard Forte, 78, a former New York police officer, was originally convicted in 1988 on three counts sexual assault by a Bennington County jury.

But, the judge, Theodore Mandeville, tossed out the verdict, ruling that the prosecutor on the case at the time prejudiced the jury by being too emotional during her closing argument.

The push toward trial comes after the publication of an investigation by The USA TODAY Network detailing the case's trajectory and calling into question decades of Forte's claims that he is too ill to travel back to the Green Mountain State for a new trial.

"Just to make it very, very clear: we have no intention of dismissing this case or the charges,” said prosecutor John Campbell during a Dec. 9 hearing in Vermont Superior Court in Bennington. He asked Judge John Valente to schedule the case for trial as soon as possible.

Campbell, the executive director of Vermont's Department of State's Attorneys and Sheriffs, recently joined the case to assist Assistant Attorney General David Tartter, who has been assigned to the case for several decades.

During the hearing, Forte, who appeared by phone from Florida, asked that the case be dismissed — a request he has repeatedly made — and asserted his innocence. Valente denied the oral request, encouraging him to file a written motion.

"The last time we had a conference with Judge (William) Cohen, within an hour I was rushed to the hospital," Forte told the judge. "I had a heart episode. These things are going to kill me."

USA TODAY found that Forte has told Vermont judges for the last 25 years that he is dying and that the stress of a trial would kill him.

Why is the case moving forward now?

In an interview with an USA TODAY Network reporter this week, prosecutor Campbell said that about a week before the investigative story was published, Tartter discussed the case with Campbell because they work in the same office building. After that, Campbell volunteered to assist with the case since there will be medical testimony involved, with which Campbell has experience.

"It's also necessary to staff up a trial of this nature," Campbell said. He added, "I believe we will be able to bring this matter to trial and be successful in our prosecution."

Campbell said new information has come to light that will help the court determine whether Forte can travel to Vermont for trial. He declined to go into detail about that information.

When asked whether the USA TODAY story had any effect on the prosecutors' decision to move the case forward, Campbell said, "I believe the story was extremely informative, and it certainly provided some information that we did not have at the time, or we did not have until it came out."

'You're not being fair to him'

During the Dec. 9 hearing, Forte accused Tartter of feeding information about the case to the media.

Tartter had declined to be interviewed for the USA TODAY story published last month. And, Campbell denied to Judge Valente that Tartter had discussed the case with members of the media.

"Recently, I’ve been getting knocks on the door, reports published in the media regarding all kinds of accusations which I know nothing about and I’m innocent of," Forte said during the hearing. "All they’re doing is trying to dig up more stuff that I’m innocent of, I’ve never done."

During an attempt by an USA TODAY Network reporter to reach Forte this week, a man who declined to identify himself answered a cell phone number listed for Forte. When a reporter asked to speak with Forte, the man said, "He's in rehab."

When the reporter asked the man whether he was Leonard Forte, he said, "What are you after? It was 35 years ago.”

Before the line disconnected, the man added, "I read the article. You’re not being fair to him. He’s in rehab. He’ll be out of rehab on Monday.”

What's next?

Forte, who has been representing himself in court, said during the Dec. 9 hearing that he did not have the financial ability to hire a lawyer. Judge Valente said the court clerk would send him an application for a public defender, which the judge will use to determine whether Forte qualifies for those services.

The case has been scheduled for another status hearing on Jan. 20. Valente also scheduled the case for jury draw in April, but no trial dates have yet been scheduled.

'As the state has indicated that they are ready to proceed, and having reviewed what you filed recently, Mr. Forte, the current filings that I’ve seen in the file do not satisfy a threshold for me to postpone the case," Valente said.

Contact Elizabeth Murray at 802-651-4835 or emurray@freepressmedia.com. Follow her on Twitter at @LizMurrayBFP.