CONWAY -- A judge has scheduled an Oct. 6 hearing on whether Faulkner County Clerk Margaret Darter can cite the practices of a previous clerk as a defense to justify Darter's purported actions that led to a felony tampering charge.
The hearing will be on a motion filed earlier this month in which the prosecution said it expects Darter to "present evidence of the past custom and practice of the Faulkner County Clerk as a defense" during her trial that starts Oct. 18 in circuit court.
"Defendant's defense is merely an explanation of why she committed the offense and is not relevant as to her guilt or innocence," Deputy Prosecuting Attorney Brian Clary wrote.
Clary is handling the case for Ken Casady, the Benton-based prosecutor who is involved in the case because the Conway-based prosecutor, Cody Hiland, recused.
Clary said past practices of a previous clerk "may be relevant for sentencing purposes as litigation evidence" but should be prohibited during the first portion of the trial.
Darter, a Republican seeking re-election, was charged almost a year ago with tampering with a public record. Circuit Judge Charles Clawson Jr. will preside at her jury trial.
The charge was filed after an Arkansas State Police investigation to determine whether anyone in the clerk's office had tampered with public officials' past-due statements of financial interest to make it appear that 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.
State Desk on 09/29/2016