CONWAY -- Faulkner County Clerk Margaret Darter's trial on a felony tampering charge won't take place until October.
Ruling Monday in Faulkner County Circuit Court, Judge Charles Clawson granted a defense request to delay the trial, originally set to begin June 21, until Oct. 18-19.
In a motion seeking the delay, attorney Lauren Elenbaas wrote that the amount of discovery, or shared evidence, was "voluminous" and that the defense had not had time to review all of it and speak with all of the essential witnesses and parties.
Elenbaas is with the law firm of Conway attorney Frank Shaw, who appeared in court Monday on Darter's behalf.
Brian Clary, the deputy prosecutor handling the case, said later that he did not object to the continuance but asked that the trial be scheduled before the Nov. 8 general election.
"Mrs. Darter's office has a role in elections, and one way or the other this matter needs to be cleared up," Clary said after the hearing.
Darter, a Republican, also is seeking re-election in November. Her Democratic opponent is Penny McClung.
Darter was charged in October with one count of tampering with public records. She has pleaded innocent.
The charge followed an Arkansas State Police investigation into the handling of public officials' financial records by one or more employees in Darter's office.
In June, Prosecuting Attorney Cody Hiland asked the Arkansas State Police to determine whether anyone in the clerk's office had tampered with public officials' past-due statements of financial interest to make it appear the forms had been filed on time. Such statements give information about the sources of income and holdings that public officials and their spouses had during the previous year.
In an email dated Feb. 27, 2015, Darter told justices of the peace they should file those statements immediately and that she would "hand file them for January 31st [2015]."
In an interview with state police Special Agent David Moss on July 31, "Darter stated she was filing the forms for January 31, 2015, to give the Justices of the Peace 'peace of mind' because the previous clerk used to notify them that the forms were due by January 31st and she had not done that," according to a state police affidavit filed in circuit court.
Hiland recused from the case. Clary is handling it for Saline County Prosecuting Attorney Ken Casady.
State Desk on 05/17/2016