CONWAY -- A judge ruled Friday that certain practices of a former Faulkner County clerk may be presented as evidence during the felony trial of the current clerk, Margaret Darter.
Darter, a Republican seeking re-election, is to go on trial Oct. 18 in Faulkner County Circuit Court on a charge of tampering with a public record. If convicted, she would face removal from office.
In a letter sent to attorneys, Judge Charles Clawson Jr. said Darter's attorneys could "present evidence as to the conduct of the prior clerk and the presentation and filing of the Statement of Financial Interest ... to elected officials."
"This will be permitted only to that extent, as it may be relevant to the issue of defendant's conduct," Clawson wrote.
Defense attorney Frank Shaw argued in court Thursday that he should be allowed to call former clerk Melinda Reynolds to the stand to testify. Shaw said Reynolds' practice was to tell justices of the peace at a Quorum Court meeting every January that they had to submit their annual statements of financial interest to her by Jan. 31 under Arkansas law.
Shaw said several county officials were late filing their statements after Darter took office in 2015. As a result, one justice of the peace scolded her for not reminding them, Shaw said.
She felt bad about not reminding them and tried to make amends by retroactively dating their statements but did not do so "purposefully" and did not alter the veracity of the documents, Shaw said.
Also Friday, Clawson ruled that the defense may not advise jurors that a felony tampering conviction would mean Darter's removal from office. Clawson said he intends to tell jurors that they may not consider any punishment or sentence while deliberating Darter's guilt or innocence.
Clawson's letter said "there will be no instruction, testimony, or argument as to jury nullification." Nullification refers to the practice of jurors acquitting a defendant who is guilty but whom they believe doesn't deserve punishment.
Clawson also ruled that the defense could not argue that Darter was a victim of selective prosecution.
Deputy Prosecuting Attorney Brian Clary of Saline County is handling the prosecution. Prosecuting Attorney Cody Hiland, who requested that the Arkansas State Police investigate Darter's office, recused from the Faulkner County case.
Democrat Penny McClung is challenging Darter's re-election bid.
State Desk on 10/09/2016