Feb. 22, 2025
Brittany Fortinberry: Probable Cause Affidavit Part 1

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Disclaimer: All defendants are INNOCENT UNTIL PROVEN GUILTY in a court of law. All facts are alleged until a conviction!
00:00 - Teacher's Arrest and Allegations Discussed
14:40 - Inappropriate Behavior Leads to Investigation
23:02 - Teacher Faces Allegations and Resignation
34:02 - Inappropriate Behavior and Investigation Details
49:37 - Uncovering Community Issues Through Podcast
WEBVTT
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Welcome everyone to Podcast 69 South, where we test and discuss true crime, cold cases, current events and hot topics, along with our state of society today.
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This is your trigger warning.
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Our podcast content is produced for adult listeners, 18 years of age and older.
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We discuss situations that may be offensive and triggering to some listeners.
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Sit back, relax and enjoy.
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Welcome back everybody to 69 South.
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I'm Chop.
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And I'm Julie.
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Today we're diving into a deeply troubling case that's shaken the community Brittany Fortenberry, an educator with ties to both the MSD of Martinsville and the Imminent School Corporation.
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Brittany has recently been arrested on serious charges, including two counts of disseminating harmful matter, and just yesterday she faced additional charges of sexual misconduct with a minor, a level four felony, along with more counts of disseminating a harmful matter and contributing to the delinquency of a minor.
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It's a case that raises a lot of questions about trust, safety and the responsibility of those in positions of authority.
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We're going to take a close look at the probable cause affidavit that details the allegations against her.
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So grab a seat and join us as we explore the facts, the implications and what this means for the community and beyond.
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Let's get started.
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I'm just going to drop an additional little disclaimer.
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This podcast and probable cause affidavits contain some pretty explicit material.
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So, again, if you don't like hearing this type of thing, just don't listen to it, please.
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And definitely don't let your children listen to this.
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So with that we're going to get started.
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This is the probable cause affidavit for Brittany Fortenberry.
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Now it's dated October 29th of 2024.
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This investigation started around six months ago, so we're going to jump back to the beginning Now.
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I, patrick Williams, have probable cause to believe that Brittany Fortenberry did, between August 15th to August 23rd 2024, commit the following criminal offenses in violation of Indiana law, to wit, child seduction, dissemination of matter harmful to a minor, inappropriate communication with a minor and harassment.
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This probable cause is based upon the following facts and circumstances.
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based upon my personal knowledge, On August 22nd 2024, patrick was assigned to a case to investigate for allegations of inappropriate conduct being conducted by a teacher employed at the Eminence High School and two other students.
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The initial report was made after two students disclosed to staff at the high school of the incidents that were taking place.
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The initial information was two students at the Eminence High School were receiving inappropriate messages on Instagram from a teacher named Brittany Fortenberry messages on Instagram from a teacher named Brittany Fortenberry.
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It was also disclosed to a staff at the school that there were inappropriate videos exchanged from Brittany Fortenberry.
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I would advise that, after receiving this information, I scheduled an interview with the two students that made the initial disclosures.
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The first interview was with Anonymous Now.
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This interview was conducted at the Eminence Schools Administration Office on September 3rd 2024.
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And this is a summary of the interview that day.
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Blank says that around the fourth day of school they were called down told there was a new teacher at school and had some things in her car, needed help moving in and they were going to TA teacher's assistant for her.
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Blank said that the teacher introduced herself as Brittany and they could call her Mrs B Said there was a few boxes of things in her car and that day they helped her set up her room and grade some papers.
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Blank said that at first things seemed normal.
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He said things seemed normal the rest of the week.
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He continued saying that over the weekend she added him on Instagram.
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He said she then text him on Instagram asking him where the cross-country meet was at.
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She asked him for the cross-country schedule and told him that she was wanting to attend some of the meets.
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He said he thought it was kind of weird that she was asking him, but did give her the link to where she could find the schedule at.
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He said that she continued texting him asking him how he was doing what he was doing that weekend and described it as she was texting more like a friend would be.
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He also said that the following Monday she started getting more friendly with him.
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He said that she was starting to favor him more than his buddy that was also a teacher's assistant.
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He said she asked how old they were.
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He said his buddy, blank, told her that he was 17, and he told her that he was 18.
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He said that she started focusing more on him after this.
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He said she started acting almost flirty with him.
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He said he didn't think much of it, other than it was a little weird since she was a teacher.
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He said he's met people who have flirty attitudes but don't mean anything by it.
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He said that he thanks on Wednesday after leaving class to get lunch that he got a text from her.
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He said that she thanked him for grading some papers for her, that she had been busy and a lot of stuff was going on.
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He said he told her it was no problem that he was there for her and told her he hoped she had a great rest of her day.
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He said she responded, saying you too, but you aren't the one who had to change their pants after class.
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He said he responded with a wow okay and just left it alone.
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He said later that day that she messaged him again asking him to come to her room.
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He said she asked him to finish grading some papers for her.
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He said that later that night he was with his buddy we'll call him victim two just chilling in the basement.
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He said that she sent him a video on Instagram.
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He said at first she asked the other boy if he wanted to see her new collection.
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He said in a video she sent him it was going drawer after drawer of sex toys.
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He said she would go one by one showing off what they were.
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He said he didn't really understand what was going on and he said that he deleted his chats, sat his phone down and said we are done with that.
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He also said the next day she sent him pictures with her straps down and her breast almost falling out.
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He said that she was clearly trying to get him to look at them.
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He said he told her that he didn't understand why she had this attraction to him.
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That he realizes that he is 18.
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Told her that this could ruin her job, that he had a wonderful girlfriend and had no problems being her teacher's assistant and that she just needed to leave him alone.
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He said that he would not say anything, but she needed to leave him alone.
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He said later that night she sent him some scholarship thing.
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He said that she had just said or mentioned to him here's the scholarship thing you wanted.
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He said maybe she was trying to be helpful since it was scholarship information.
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He said that she turned on vanish mode then told him she forgot she wasn't supposed to be texting him.
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He said the vanish mode makes stuff automatically delete, I guess.
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He said that she clearly sent him the scholarship stuff to try to get his attention.
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He said he learned the next day, within a half hour of him telling her to stop talking to him, that she started talking to his buddy.
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He said that she started to act the same way with him.
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He said that victim two doesn't want that.
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He said that he went back and forth about talking with someone about what was going on.
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He said that he ended up going to talk to the dean of students about what was going on.
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I would advise that the dean is the dean of students for the eminent schools, as well as the athletic director.
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Now, after he disclosed the above, I then revisited some of the things that he mentioned.
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He said he thinks the first day of school was August 7th.
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He said she was teaching on day one and he was introduced on August 15th to her as a teacher's assistant.
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He said it was the following morning, august 16th, when she started following him on Instagram.
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He said it was just general conversation at first.
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He said that she did get a little more personal.
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He said she told him about her being a stripper, her exclusive online content on her website and about her past.
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He said at one point she told him over the last two years she had lost 100 pounds.
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He said that she showed him a before and an after picture and he praised her for it, telling her that was a hard thing to do.
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And he said that he never complimented her in any way.
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That would have been a sexual comment.
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He said that it is just bizarre.
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You come to school, see a teacher and you're supposed to be able to trust them.
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He said when she initially reached out to him, the messages were like a normal text and not in vanish mode.
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He said when she sent something that she didn't want to be seen again and that is when she would turn on vanishing mode.
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He said he thinks it was about three days after she first reached out to him that she started sending messages in vanish mode.
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He said when she sent pictures to him it was like she was trying to intentionally show off her breasts to him.
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He also said in some other videos she had sent him it was just general conversation.
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He said in one of the videos she told him that her husband was a firefighter.
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He said none of the images sent to him were fully nude.
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He said she sent probably six revealing pictures to him.
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He did say when she told him about having to change her panties after class, that was a picture with her face on it and the words on the picture talking about changing her panties.
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That's all kind of off a little bit.
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I mean, what's really weird to me and seems weird is the accusations.
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The accusation is that I mean she started this literally the next day after she met the teacher's assistant.
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Yeah, like immediate.
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Well, she started following him that night.
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So, like it was, she started following him on Instagram that night.
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My kids don't have social media, but I know that if they did, I wouldn't want their teachers following them and messaging them and stuff like that, especially after hours after school.
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I get it when you're in school and a teacher needs to communicate with a child about school, especially about having to change your panties after class.
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I mean, that's— that's just disgusting.
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I'm blown away by that I am too.
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And it's so quick.
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This is like the next day.
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She's talking about having to change her panties with this child.
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It just doesn't—it's crazy.
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It is crazy.
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So he said the day he reported this earlier that morning, they were helping put up lights in her classroom.
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He said that she was showing him a picture of something and thought it was her home gym.
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He said that she then sits on her, sits her phone down, making it a point so that he could see it, and her photo gallery was open with photos of her completely naked.
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He said she was smiling about it when he saw them.
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He said this was during third period study hall when they teacher-assisted for her.
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He said that she sent him a picture of her room and in the picture was a stripper pole.
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She talked about her telling him that after she left Martinsville that she was a stripper, how she had had an OnlyFans page and did exclusive stuff on her Snapchat stories.
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He said that he did not participate in any of the sexual conversations that she sent.
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He said the only communications from her were through Instagram.
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He said he did not have any of the messages.
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He said that the agreement was made that as long as she never talked to him again that the chats would be deleted.
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He said they were in agreement.
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But then she reached out about the scholarship stuff.
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He said she did try looking at his blocked list to see if he could see what her Instagram account name was and she completely removed her account.
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Well, that's interesting.
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That's very interesting.
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I wonder how many burner Instagram accounts that were went through.
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But what's weird is that he says she was a stripper and one of our listeners had reached out and allegedly she was a stripper at brad's uh, brass flamingo I guess that's a I have no idea place up in indianapolis or something like that.
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But anyway, he said the same day that he reported this she was sitting on the floor grading papers, her butt sitting on her feet.
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It was clear that she was arching her back, trying to show off to them.
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He said he told a friend after they walked out of class that this was getting out of hand.
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He said that she made a reference to something about the sex toys and spending like five grand on them.
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He and I talked a few more minutes and the interview was concluded.
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Later in the day, on September 3rd 2024, the detective had the opportunity to speak to another victim of the case.
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This is the summary of the interview.
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He said that they had recently had a new teacher hired.
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He said that victim one and himself were placed in her room for a free period.
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He said they were helping her with normal stuff like grading papers, taking care of her room and stuff like that.
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He says that as the week continued, she started to get more comfortable with them, started to feel them out for who they were, what they were like, and started to make some sexual harassment comments or tease at them.
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He says that she found them on social media too.
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He says that he remembers his buddy telling him about a comment that she made about her wanting to have sex with them and dreaming about it.
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He says she would tease every day, wear very revealing stuff, and especially more so when it was just them in the classroom.
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He says one day, the day before she got fired, she was wearing a dress with a hoodie.
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When the kids left and it was just them, she took it off.
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He continued saying she told them her dress was broken, pointing to where it was broken.
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He then talks about her sharing that she used to be a stripper and about her past sexual life and about her husband and her.
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He said that she said this to both of them victim one and he said she messaged them online and on Instagram and on banished mode.
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He also said that she had sent him a picture of her bedroom and that it had a stripper pole in it.
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He said that she would tell him about that.
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He also said that she told her how she was very, very, very sexually active in the past.
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He said his friend told him to ask her about the couch that she had in her room and she told him that her and her husband used to have sex on that couch.
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Now he said that the comment about her having a dream about having a sex with him and the other victim was through social media.
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Him and the other victim was through social media.
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He says that he feels like school was being suspicious of her and that she wasn't saying as much directly to him because she knew that he was 17 and that she was pushing her limits a little bit with that, with that and the things that she would say to him.
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He said that he finally told their AD athletic director and he said that after that she reached out to him telling him to block her on social media, said it was just on Instagram.
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He said she mentioned at some point she also had a TikTok account, but he didn't have that.
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He said that the conversations through Instagram started off normal After she started saying stuff and after he started helping her with the room she started sending messages in vanish mode.
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He said that he thinks it was only a couple of days until she started sending the messages in vanish mode.
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He said that he thinks the first message that he received from her in vanish mode was of her smoking weed in her garage.
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He said the only picture he received from her was of her room with a stripper pole.
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He said that he felt uncomfortable about it and she didn't say anything after that and started messaging him on the next day.
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Then he talks about the couch conversation.
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He said they were in the classroom and asked about the couch being new and that's when she talked about having sex with her husband on it.
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He said the teacher that we are talking about is Brittany.
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Fortenberry.
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He said that he thinks she has been a teacher before somewhere else.
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He said he doesn't remember what her Instagram username was, but he said her profile picture was of her in a pink dress.
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He said he deleted their messages, blocked her and he didn't want to talk to her anymore.
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He said that she told him that she needed to get rid of him off of social media because she was getting fired.
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He said he thinks this was the night before she had gotten fired.
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He said that he heard from victim two that she might have got a previous incident at Martinsville.
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He said that he heard that she might have also talked to a graduate kid.
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Wow, those are some crazy allegations, yeah but you know what?
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The first interview is almost duplicate of the second interview Did you notice that I mean it's almost identical Now.
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He said she also talks about being raped by her previous husband and having to have part of her uterus removed.
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He said this was while they were grading papers.
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He said she also talked about how she partied a lot and that she had dating apps.
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He also said that she had mentioned making around 12 grand from OnlyFans and he made another comment about how she would manipulate men, and he made another comment about how she would manipulate men.
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He said that she would mainly do that on her Snapchat and she never gave him her Snapchat.
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He said when she sent the video of her smoking a blunt, she would wear something revealing, never fully exposing herself.
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He just thinks she sent a video like this like three times.
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And remember she sent them in vanish mode, so they're disappearing, Right.
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I'm not too familiar with that.
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I didn't even know there was a vanish mode on there.
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I don't even know how to work.
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Instagram.
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I think we have like 20 followers on Instagram because I don't know how to work it that good, but he said that sometimes when she would grade papers, she would sit on the floor in a sexual position.
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He described it as being on all fours, with her elbows on the floor.
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He said that happened two times a day.
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And he also talks about her clothing that she would wear.
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He said while they were in the classroom she would always take off her covering and would have her cleavage exposed or wear really tight pants.
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He said that.
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She also told him she had fake boobs at one point.
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The detective and he talked for a few more minutes and then that interview was concluded.
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He talked for a few more minutes and then that interview was concluded.
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The detective advised that thereafter, involving both of the victims, he gave oral testimony for a search warrant for the residence Brittany lives at and they give the address After giving oral testimony.
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I would advise Judge Brian Williams granted the search warrant.
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The search warrant was to take photographs both inside and outside of the residence.
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The purpose of this was to prove or disprove victim one and victim two's disclosures.
00:21:19.163 --> 00:21:28.903
I would advise that on September 6, 2024, the lead detective and a corporal went to Brittany's residence to execute the search warrant.
00:21:28.903 --> 00:21:37.005
We made contact at the residence with the family of Brittany and they advised them that she wasn't there.
00:21:37.005 --> 00:21:45.523
I was also able to speak to Brittany over the phone and advised her that we were executing a search warrant and asked her if she was willing to come in to speak to me.
00:21:45.523 --> 00:21:47.340
Brittany stated that she would.
00:21:47.340 --> 00:21:50.684
After speaking to Brittany, we executed the search warrant.
00:21:50.684 --> 00:21:54.385
Corporal took photographs both inside and outside of the residence.
00:21:54.385 --> 00:22:01.808
I would advise that in the basement bedroom was a stripper pole as described by victim one and victim two.
00:22:01.808 --> 00:22:05.926
I would also advise the numerous sex toys that were found and documented.
00:22:05.926 --> 00:22:11.827
The sex toys in the dresser were also consistent with the victim's disclosures.
00:22:11.827 --> 00:22:18.703
After we were finished, we left the residence and left a copy of the search warrant at the residence with Brittany's family to give to Brittany.
00:22:19.476 --> 00:22:23.666
Now, knowing what we know now, I bet she was, she should have been tripping.
00:22:23.666 --> 00:22:25.842
I mean she had to have been.
00:22:26.474 --> 00:22:27.818
Now, these are just allegations.
00:22:27.818 --> 00:22:32.398
This is just somebody saying she did this, and right now there's.
00:22:34.316 --> 00:22:35.922
As of this part in our story.
00:22:35.922 --> 00:22:38.102
Yes, I mean, she shouldn't have any reason to.
00:22:39.175 --> 00:22:40.319
If she didn't do anything.
00:22:40.319 --> 00:22:40.642
She.
00:22:41.063 --> 00:22:41.605
Absolutely.
00:22:41.755 --> 00:22:50.196
I mean, I'm sure that if anybody throws a sexual allegation out there in nature, you're going to be concerned, you're going to be worried, you're going to it's somebody throws a sexual allegation out there in nature, you're gonna be concerned, you're gonna be worried, you're gonna.
00:22:50.196 --> 00:22:52.842
It's gonna stress you out.
00:22:52.842 --> 00:22:55.969
You know either it either way, if you did it or not.
00:22:55.969 --> 00:23:04.921
But if you didn't do it, you're gonna have all the evidence on your devices or whatever to prove that you didn't do it unless it was all deleted.
00:23:05.781 --> 00:23:11.049
Or I guess if it was sent in vanish mode, it just disappears real quick.
00:23:11.049 --> 00:23:12.682
I'm not really sure how that works.
00:23:13.415 --> 00:23:18.186
I always thought like law enforcement could bring that type of shit up on a phone.
00:23:19.195 --> 00:23:21.053
In my mind, they can bring anything back.
00:23:21.837 --> 00:23:22.540
Mine too actually.
00:23:24.096 --> 00:23:28.867
I would advise that after the search warrant was concluded, I proceeded back to the sheriff's office.
00:23:28.867 --> 00:23:31.864
Brittany did show up around 3 pm for an interview.
00:23:31.864 --> 00:23:36.807
She identified herself and her date of birth and here's the summary of that interview.
00:23:37.415 --> 00:23:42.126
Brittany said that she was told by the school that she was having inappropriate conversations with students.
00:23:42.126 --> 00:23:47.326
Brittany then says that her social media had been sent out and she only taught middle school.
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