Iowa Supreme Court to Review Former School Counselor's Sex Abuse Conviction

By Adam Carros/KCRG-TV9

Donald Lyle Clark reacts as he is taken in to custody after being found guilty of second-degree sex abuse Wednesday, Feb. 10, 2010 in Johnson County District Court in Iowa City. Clark now faces up to 25 years in prison. (Brian Ray/The Gazette)

Tools

By KCRG Intern

Story Created: Jan 26, 2012 at 7:10 PM CDT

Story Updated: Jan 26, 2012 at 7:10 PM CDT

IOWA CITY, Iowa — The Iowa Supreme Court Thursday agreed to review the sexual abuse conviction of former Iowa City school guidance counselor Donald Clark.

Clark, 43, was convicted in 2010 of second-degree sexual abuse and sentenced to 25 years in prison for abusing a Lemme Elementary fifth-grader during the 2003-2004 school year.

The Iowa Court of Appeals upheld that conviction last year. In his appeal, Clark’s attorneys argued he was denied a fair trial because the court refused to continue trial and allow the defense to take more depositions regarding an email written by the victim that wasn’t disclosed to Clark until a few days before trial.

The email didn’t contain new information and the defense had opportunity to cross-examine the victim about the email, according to the ruling. There was nothing in the email which “warranted further investigation, depositions or a continuance of the trial.”