Saturday, November 2, 2013

Dad loses appeal of conviction for assaulting 7-month-old daughter during visitation (Monticello, New York)

This is one of the very first cases we covered here at Dastardly Dads. But notice that a very interesting thing has happened here: The reporter has "forgotten" to mention that this crime took place during Daddy's very first visitation with the baby. Proof once again, that unmarried sperm donors who never made a commitment to the mother or to forming a family should not be treated as it they had with all the "rights" thereof. See here for a refresher course.

Dad is identified as COREY CLARKE.

Father loses appeal of conviction for assaulting baby

Corey Clarke was convicted of sexual assault and attempted murder.

By Heather Yakin
Times Herald-Record

Published: 2:00 AM - 11/01/13

MONTICELLO — An appeals court has upheld the 2010 conviction of Corey Clarke on charges including attempted second-degree murder and predatory sexual assault against a child.

Clarke was convicted of the crimes after a jury trial in Sullivan County Court and was sentenced to 50 years to life in prison.

On July 4,2009, Clarke reported that his 7-month-old daughter had gone missing from her stroller near Walmart in the Town of Thompson. Security videos from Walmart and elsewhere contradicted his story.

The baby was found that evening in a wooded area behind the store, wearing only a light shirt.

Clarke's appeal lawyer argued that his trial lawyer, Fred Neroni, provided ineffective assistant of counsel by failing to properly waive Clarke's right to be present for trial sidebar conferences or to argue certain other issues; and that Clarke was denied a fair trial by the prosecution's use of photos to document the baby's injuries, by use of "inflammatory" language, and because prosecutors were allowed to use police testimony about his demeanor during the search for the baby.

The Appellate Division, Third Department of State Supreme Court denied all of Clarke's arguments, finding that his lawyer "pursued a consistent, cogent theory of defense, made successful objections, engaged in thorough cross-examination of the People's witnesses and otherwise provided defendant with 'meaningful representation.'"