News
News Home
Quick Bites
Exploradio
News Archive
News Channel
Special Features
NPR
nowplaying
On AirNewsClassical
Loading...
  
School Closings
WKSU Support
Funding for WKSU is made possible in part through support from the following businesses and organizations.

Greater Akron Chamber

Akron General

Cedar Point


For more information on how your company or organization can support WKSU, download the WKSU Media Kit.

(WKSU Media Kit PDF icon )


Donate Your Vehicle to WKSU

Programs Schedule Make A Pledge Member BenefitsFAQ/HelpContact Us
Crime and Courts


Ohio Supreme Court overturns abuse conviction based on toddler's statements
Upholds lower court's overturning of Darius Clark's conviction for child abuse
by WKSU's KABIR BHATIA


Reporter
Kabir Bhatia
 
In The Region:
A Cleveland man is getting a new trial after being sentenced to 28 years in prison for child abuse. The Ohio Supreme Court has narrowly ruled that statements made by a 3-year-old to his teacher should not have been repeated during the trial in 2010. WKSU' Kabir Bhatia reports.
Ohio Supreme Court rules child's statements can't be used in trial

Other options:
Windows Media / MP3 Download (1:04)


Darius Clark was convicted on multiple counts after Cuyahoga County prosecutors said he physically abused his girlfriend’s children – a 3-year-old boy and a 22-month old girl. 

Teachers questioned the boy in school when they noticed whip marks on his back and bruises on his face. He was found to be too young to testify, but teachers were allowed to repeat his remarks during testimony. And that, says a 4-3 vote by the state high court, should never have happened.

Clark’s attorney, John Martin, argued that teachers, like social workers, should be considered law enforcement agents when questioning a child in an abuse case. But that doesn’t mean they should be able to repeat testimony from a child who can’t testify himself.

“Teachers came before the court and relayed statements from a child who was so unreliable that the child could not come before that jury. And the jury was not even told that the child was so unreliable that the child could not testify. And instead, they heard the words through a credible source.”

Wednesday’s decision also said the repeat testimony violated Clark’s right to confront his accusers.
Add Your Comment
Name:

Location:

E-mail: (not published, only used to contact you about your comment)


Comments:




 
Page Options

Print this page

E-Mail this page / Send mp3

Share on Facebook




Stories with Recent Comments

Exploradio: Avoiding the 'acting-white' trap
Growing-up black and being black should not determine that you will not speak well or will not be a high achiever in your goals in life.But society te nds to la...

Charter-school supporters to rally at Statehouse
I am on the bus now headed to the rally. Horizon is an excellent school. My son is is 7 th grade. The teachers and administrators are top notch and spend so m...

Former Nursing Home Land Added to Parks
In addition, LED technology also plays a very important role in advertising- LED placard is very, very useful for shop owners.

Ohio Supreme Court hears arguments on school funding
That's not true. Other school districts HAVE followed this law and done this. Oakhills is one of them and how they were able to provide technology for their s...

Death and beauty at Cleveland's Museum of Contemporary Art
What a disgusting story to air at lunch time.

Ohio Supreme Court grills attorneys on flooding and million-dollar fixes
Perhaps the State of Ohio should take the lead and implement state wide water shed districts that would collect minimum fees. The funds could then be distribute...

More Ohio schools are adding STEM + arts to come up with STEAM
STEM is Science, Technology, Engineering and Math. Not Education! Your first sentence and intro to this article is incorrect. Please correct this inaccuracy....

Body found in Brecksville park identified as Hillary Sharma
When will we learn the cause of death? We live here and if there's foul play, we have a right to know.

FitzGerald isn't giving up, but many Stark voters are worried, wary and weary
SB5 stands for "Snow Ball 5" because voters have about a snow ball's chance of remembering what it was.

Columbus groups are trying to pass a Bill of Rights to combat fracking
Its about time we make a stand against the criminal actions of an entire Indsutry.

Copyright © 2014 WKSU Public Radio, All Rights Reserved.

 
In Partnership With:

NPR PRI Kent State University

listen in windows media format listen in realplayer format Car Talk Hosts: Tom & Ray Magliozzi Fresh Air Host: Terry Gross A Service of Kent State University 89.7 WKSU | NPR.Classical.Other smart stuff. NPR Senior Correspondent: Noah Adams Living on Earth Host: Steve Curwood 89.7 WKSU | NPR.Classical.Other smart stuff. A Service of Kent State University