Editor’s note: It is the long-standing policy of the Crossville Chronicle not to publish the name of victims in sexual assault cases or information that would lead to the identity of the victim. If the following account appears vague at times, it is for this purpose.
With all the color of a William Faulkner novel, evidence unfolded in a Cumberland County courtroom against Jimmy Harold Clark, 62, accused of rape of a child.
Forced sex on a child, a victim’s claim, and tentative admission by the accused were placed before a jury of six men and six woman.
It didn’t take that jury long to decide who they believed.
Judge Wesley Bray presided over the smooth-running trial with one exception when the judge cleared the courtroom to address one of Clark’s family members over an impromptu utterance. (See accompanying story, page 4A.)
Most likely, Clark will spend the rest of his life in prison. Rape of a child in Tennessee carries a minimum of 25 years and up, to be served at 100%. Under the law in effect when Clark was indicted, he faces a minimum of 25 years to 40 years at 100% with a potential of a 15% credit for good time if prison officials opt to grant that.
It was Clark’s own words that doomed him.
Defense attorney Michael Giaimo of Cookeville asked the jury to separate the despicable act his client was accused of — and admitted to during interrogations and a controlled call — and consider whether the state proved its case on the dates set out in the indictment.
“We don’t have to prove anything,” Giaimo told the jury in opening remarks. “The burden of proof lies with the state.”
He added Clark “admitted to inappropriate acts” but those acts did not rise to the charge he was facing, he said.
Assistant District Attorneys Philip Hatch and Allison Null presented two witnesses — the victim and former sheriff’s investigator David Bowman, who now teaches criminal justice at South College.
The victim testified she had known the accused since a very young age and, along with other children, would go camping in Clark’s backyard off City Lake Rd. It was during those camping outings in a 12-man tent — between March 1-April 8, 2012 — the victim testified the rape took place.
It started with fondling and groping and ended with penetration, the victim told the jury.
The victim was age 11.
After the incident, the victim said Clark told her “God wanted us to be together” and that “God would be mad at her if she told anyone.”
She continued that she told a counselor about the incident in September 2020 and then spoke with Bowman and Investigator Tom Howard. As part of their investigation, a controlled phone call was made by the victim to Clark during which she confronted the man who raped her.
Portions of that call were played for the jury during Bowman’s testimony. The victim asked Clark if he had sex with anyone else and instead of denying the rape, Clark replied, “No.”
She asked Clark how he could do that to her and “use God against me?” Clark is heard to respond, “I’m sorry it happened.”
On the tape, the victim asks Clark three times how he could have done that to her. Twice he replied he did not understand what she was saying. She asked if he was sorry “you made me not a virgin anymore.”
Clark is heard to respond, “I hate that you hate me … I wish it would have been different …”
During the investigators’ taped interview, Clark is heard saying, “Everything she said happened … I’m sorry for all of it.”
The interview concluded with Clark saying, “I done wrong … what else is there to say?”
During cross examination of Bowman by Giaimo, Bowman said Clark voluntarily went to the Justice Center to be questioned, and he voluntarily admitted having sex with the victim.
The state ended its presentation at 8:55 a.m. Wednesda,y and Giaimo called three witnesses on Clark’s behalf. Clark invoked his right to not testify and the jury was instructed that nothing was to be read into or held against the defendant invoking his right.
The three witnesses — all members of Clark’s family — testified they knew nothing of the specifics of the charge, and all testified it could not have happened during the time period specified in the indictment.
In closing, Null told the jury prosecutors had met all elements of the charge which are the age of the victim, that it happened during the time period specified in the indictment and that Clark acted with intent, knowingly or recklessly.
Giaimo asked the jury to separate their dislike for his client for the act he admitted to and to focus on whether it had been proven that it occurred at the age of the victim and the time specified in the indictment. He said the state failed to prove the charge as presented.
“Why is it so hard for someone to say what it is,” Hatch asked the jury. “It was rape … she was 11 … the proof is overwhelming.”
Bray then read instructions to the jury and gave the panel the option of lesser-included offenses of aggravated sexual battery, attempted sexual battery, child abuse, attempted child abuse, assault and attempted assault to be considered if they found Clark not guilty of rape of a child.
Jurors retired at 11:30 a.m. to eat a lunch of pizza, take a break and elect a foreman. They returned to the courtroom at 12:15 p.m. with the verdict.
There were no demonstrations or outbursts from spectators who heard the verdict of guilty to rape of a child.
Bray ordered Clark’s bond revoked and he be taken into custody immediately. This set off a scramble to get Clark transferred into Tennessee Department of Correction custody and transferred from the county jail.
Bray set a sentencing hearing date of Jan. 10, although it is questionable TDOC will be able to complete a presentencing report by that date. If not ready, a new date will be set Jan. 10.