The trial of Joshua Newton Clark, 25, continued Wednesday with a video of the victim's 2006 forensic interview and a slew of state witnesses.
Clark is on trial for first-degree rape of a child and taking indecent liberties with a child. The victim, now 12-years-old, took the stand Tuesday.
State prosecutor David Swanson opened the day with a video of forensic interviewer Adrienne Opdyke's session with the then 9-year-old victim at the Gingerbread House.
Judge Donald Bridges reminded the jury to consider the video for corroborative purposes because it contained out-of-court statements.
In the video, taken a few days after the incident, the victim echoed her testimony from Tuesday. She vocalized her embarrassment of speaking about the incident.
The state called several law enforcement witnesses and two nurses to the stand Wednesday. Each witness spoke about his or her involvement in responding or collecting evidence pertaining to the incident.
The state entered several exhibits to the court, including six items of physical evidence. One item was a sexual assault kit performed on the victim. A second evidence kit had DNA collected from Clark.
During the afternoon recess, an order from Superior Court Judge James Hardin arrived via facsimile, denying the defense's motion to suppress the defendant's written and oral statements.
After dismissing the jury from the courtroom, presiding Bridges entered into a lengthy analysis of the validity of the order with both attorneys.
The motion, filed by Steve Brackett, Clark's attorney, was filed on May 11. Hardin signed the order July 25, but did not file the order until Wednesday afternoon.
Brackett said the motion was invalid because the original copy did not arrive by 9:30 a.m., the time he and Swanson had agreed upon.
Citing the precedent established by the North Carolina Supreme Court in the State v. Trent (2005), Bridges chose to honor the motion because Hardin had announced his ruling in session.
Brackett then filed another motion to suppress DNA evidence taken from Clark.
Brackett said the affidavit requesting a search warrant for the DNA evidence did not provide sufficient probable cause.
Burke County Sheriff's Detective John Huffman prepared the affidavit, which listed evidence of a sexual assault, the victim's statement, evidence found at the scene and the defendant's statement as probable cause.
Bridges denied Brackett's motion on the basis that the affidavit listed sufficient probable cause, although it could have included more specific statements.
The trial will continue at 9:30 a.m. today.
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