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Alford plea halts trial, man sentenced up to 16 years

Alford plea halts trial, man sentenced up to 16 years

Credit: Jennifer Frew | The News Herald

Joshua Newton Clark, 25, entered an Alford plea on Thursday morning.


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Withdrawing his not-guilty plea, Joshua Newton Clark, 25, entered an Alford plea Thursday morning in Burke County Superior Court where he has been on trial for first-degree statutory rape of a child.

In an Alford plea, the defendant asserts his innocence, but acknowledges there is sufficient evidence that a judge or jury might find him guilty.

The plea brought an abrupt end to Clark's trial for the 2006 rape of a 9-year-old girl.

Superior Court Judge Donald Bridges sentenced Clark to 12 to 16 years in prison. Upon Clark's release, he will be monitored by satellite for the rest of his natural life.

In exchange for Clark's plea, the state dropped a charge of taking indecent liberties with a child.
Clark, while chewing gum, with a sometimes shaky voice, calmly and quietly answered the judge's questions as he entered his plea.

The turn in events took place after Steve Brackett, Clark's attorney, and Clark spent more than an hour in a private meeting.

The prosecution and Brackett agreed to let Bridges determine the length of Clark's sentence, rather than settling on a sentence.

Bridges said the maximum sentence for a person without a prior criminal record is 30 years. For a person with a criminal record, the punishment could be life without parole.

During Wednesday's court session, Bridges accepted an order from Superior Court Judge James Hardin denying the defense's motion to suppress Clark's written and oral statements from May 2006.

Bridges further denied the defense's motion to suppress DNA evidence.

Immediately after the plea Thursday, Clark submitted an appeal pertaining to the motion to suppress his statements.

Clark also requested permission to stay out of prison until his appeal is heard. Bridges denied the request.

Bridges asked the family of the victim if they had anything to say before the sentencing.

The victim's father said he wanted justice for his daughter.

"...I know nothing can regain my daughter's innocence in this matter," the victim's father said. He asked Bridges to lock away Clark in order to protect his daughter and family.

Before the sentencing, Brackett said Clark was a "very cooperative, very personable and very remorseful" person.

Brackett said Clark had been drinking that night in May 2006. Clark mistook the victim for her older sister, who was his ex-girlfriend, in a darkened room.

Clark sought to correct the situation when he realized his error, Brackett said.

"It is a horrible and horrific thing that happened to (Clark) as well," Brackett said. "I do not believe him to be a pedophile. He wishes to express his sorrow to (the victim's) family."

Clark gave a wave to his family and friends as the bailiff escorted him from the courtroom.

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