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  Priest's Lawyer Wants New Trial
Claims Judge Erred in Not Allowing Jury to See Tape

Associated Press, carried in Lexington Herald-Leader [Frankfort KY]
February 16, 2007

http://www.kentucky.com/mld/kentucky/news/state/16711303.htm

The attorney for a former priest convicted of sexually abusing two Bullitt County boys told the Kentucky Supreme Court a videotape shows the two accusers contradicting their stories.

The attorney for Daniel C. Clark asked for a new trial Wednesday so he can present a videotape to a jury.

Clark, 58, is serving a 10-year sentence after being convicted on charges of abuse in 2003. Clark was charged with abusing the two boys between 1999 -- when one boy was 8 years old and the other was 9 -- until 2002.

Attorney David Lambertus said Clark deserves a new trial because the original trial judge refused to show to jurors a video tape of a social worker interviewing the two victims.

Lambertus said the tape shows the social worker was "coaching" the boys, and their testimony on the tape contradicts what they said in court.

Assistant Attorney General Susan Lenz said there was a reason the tape wasn't presented at the trial: because Lambertus didn't ask witnesses about it.

"He couldn't have just played the tape for the jurors," she said. "He could have called the social worker and questioned her about the method of questioning."

Clark's appeal is the only one being heard by the state's highest court after the sexual-abuse scandal in the Archdiocese of Louisville.

 
 

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