Sentinel Morning Update: Bail reduced to $1 in child rape case
A West Pennsboro man arrested in March on charges of raping a child had his bail reduced to $1 this week based on procedural rules granting a defendant a right to a speedy trial.
Cumberland County President Judge Edgar Bayley issued the order Tuesday reducing bail for Kenneth James Clark from $500,000 to $1, on the condition that Clark not have contact with his accuser or any member of her family. The office of Cumberland County District Attorney David Freed disagreed with Bayley’s interpretation and filed a motion for reconsideration Wednesday.
“We are well aware of the controlling rules,” Freed said, in reference to a state law that says a defendant incarcerated for more than 180 days before a trial is entitled upon petition to immediate release on nominal bail, with some exceptions based on motions by the defendant and things beyond the court’s control. “My office did not fail to bring this defendant to trial through mistake or oversight.”
In this case, Freed said, based on the court schedule, the first possible trial date for Clark was after the 180 days had expired. Jury trials are not scheduled outside trial terms, Freed said, and before the latest trial term started on Sept. 8 the court had scheduled Clark’s bail motion for a hearing on Sept. 30.
“With our increasing case load I am concerned about this issue,” Freed said, noting that everyone’s case load is up every year, both across the court and in his and the Public Defender’s office.
Changes in 2009 will increase the number of trial terms from six to eight, which should help and prevent a repeat of the situation, Freed said.
“Still, that is of little consolation to the victim,” he said.
Clark, 38, and his codefendant Nichole Clark Rowe, also of West Pennsboro Township, were arrested by state police on March 3. According to court documents, the couple had a two-year sexual relationship with a girl, starting when she was 11. The girl’s mother found a cell phone at her home on Sept. 3, 2007, police said, and a neighbor at the mother’s house at the time reported seeing three photographs on the cell phone that appeared to be of the girl having sexual relations with Clark and Rowe.
Along with the rest of this story from Sentinel reporter Heather Stauffer, here's what else to look for in today’s print and on-line editions:
Mechanicsburg considers Verizon franchise agreement
Mechanicsburg residents may soon be able to tune into more choices for cable TV service.
Council Tuesday approved a resolution to advertise an ordinance to implement a Verizon cable franchise agreement.
If adopted, the ordinance would offer residents a choice between Verizon and current provider Comcast, borough office manager Glenda Boyer said.
She added council could take action at its Oct. 21 meeting.
Council Vice President Charlie Ryder said the decision by council to advertise the ordinance was the logical thing to do.
“We had a single supplier for many years,” Ryder said. “The opportunity is to have somebody else compete. Competition is a good thing.”
The ordinance would allow Verizon to construct, operate and maintain a fiber optic cable system using public rights of way and properties within the borough.
Verizon will compensate the borough financially for use of public rights of way and will offer complimentary service for the borough’s public buildings.
The agreement also requires Verizon to offer educational and governmental channels and provide for the future cable needs of residents.
“We did not see Verizon’s pricing schedule,” Ryder said. “The packages have yet to be determined.” He expects the rates to be competitive with Comcast.
Perry Albert is executive director of the Capital Region Council of Governments, which represents 35 municipalities in Cumberland, Perry, York and Dauphin counties.
Carlisle officials react to IAC plant closing
Carlisle Borough officials were not at all surprised when International Automotive Components Group announced plans Wednesday to close its local plant at 50 Spring Road.
“They knew what they were doing for a long time,” Mayor Kirk Wilson said. “It was obvious in the company’s unwillingness to discuss their future in Carlisle.”
Wilson explained how he had a personal talk with billionaire Wilbur Ross, IAC chairman of the board, as soon as IAC took over the former Lear Corp. facility in April 2007.
“At the time, Ross was non-committal but open to any incentives the community and state were willing to make,” Wilson said.
The mayor discussed the future of the plant with Gov. Ed Rendell who said his administration would do what was appropriate to work with IAC.
The Governor’s Action Team contacted the corporate office numerous times, but none of the phone calls were ever returned, Wilson said.
IAC layoffs in August promoted borough councilman Timothy Scott to send Ross a letter seeking a meeting of the company’s corporate management team, Carlisle officials and several state government agencies, including the Action Team
“The goal was to try to bring them to the table,” Scott said back in August.“Efforts previously were at the lower level. But I think we need to reach up a notch to bring the corporate people to meet with the Action Team.”
Scott noted how the The Team regularly works with large economic development projects of the scale that IAC represents. Since its inception, it has offered billions of dollars of incentives to keep Pennsylvania jobs in the state as well as create thousands of more jobs, Scott wrote.
Silver Spring fall festival opens Saturday afternoon
Silver Spring officials invite residents to welcome in the new season with the bigger, better Silver Spring Township Fall Festival Saturday afternoon.
This year’s expanded event includes all of Willow Mill Park’s 18 acres and has plenty of activities to fill the new space, including new crafters and vendors.
“Last year we had about two bands,” said Kristy Owens, assistant director of the township’s Parks and Recreation Department. “This year we have added so much entertainment to our list.”
Organizers have also spread the new attractions around the park to make everything easy to reach no matter where visitors wander.
The park, which festival flyers call “the most serene park in Silver Spring Township,” is also set to have its new gazebo dedicated at 1 p.m.
Another planned attraction is the re-enactment of “The Dawnbuster Show,” a Vietnam radio program. It was performed for the first time in July at the New Kingstown Fire Co. Festival and visitors have another chance to see the show, which served as the basis for the Robin Williams’ movie “Good Morning Vietnam.”
And, of course, the festival is planning some old favorites for visitors of all ages, like face and pumpkin painting, hay rides and $5 scarecrow making for those who bring clothes to stuff.
Hungry visitors can look forward to chicken barbecue from the New Kingstown Fire Company, with a full dinner to start at 11 a.m.
The area has undergone some new maintenance and renovation projects recently, including a new parking lot and fresh paint, said Jeff Williams, the township’s parks and recreation director.
Although the area is to be closed outside the festival, the township hoped the event would give residents a chance to re-familiarize themselves with the former amusement park.
Morning Update
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