Flaw holds up trial for child rape

Nov. 3—Despite a motion for a speedy trial, Jimmy Harold Clark will have to wait a bit longer for his day in court.

The scheduled trial date in the child rape case was put off due to a change in prosecutors and a flaw in the indictment despite objections from Clark's attorney, Michael Giaimo of Cookeville.

The case was assigned former Assistant District Attorney Carolyn Knight who left the prosecutor's office on her election as Circuit Court judge. Assistant District Attorney Phillip Hatch announced in court Tuesday he was taking over prosecution of the case.

That includes the case being referred back to the Cumberland County Grand Jury because of a flaw in the indictment.

Criminal Court Judge Wesley Bray agreed that state law allows the prosecutorial move and despite the defense attorney's objections, the postponement of the trial for a request of a superseding indictment was proper.

"I have prepared for trial based on the current indictment," Giaimo said. "This is a two-year-old case and now the state is talking about expanding the charges."

Giaimo argued that he was prepared for one set of facts in the case and would be faced with "a whole new case" that will result in a lengthy delay.

Bray agreed that the state's request was "for good cause" and Hatch told the judge he anticipated having the superseding indictment by January.

The case was continued to Jan. 25.

In other cases on the docket, the following took place:

Deadline docket

—Jerry Lynn Ashburn, theft of property of up to $1,000, possession of less than .5 grams of meth with intent to sell and/or deliver, child abuse, neglect or endangerment, simple possession and possession of drug paraphernalia (2018 case), continued to Jan. 25.

—Tammy Berniece Davenport, possession of meth with intent to sell and/or deliver and simple possession, in TDOC custody and continued to Dec. 2.

—Shadayda Storm Farris, second offense driving under the influence and domestic assault, continued to Dec. 5.

—Diana Lynn Grasso, second-degree murder, trial set for Dec. 6; motions to be heard Nov. 15.

—Michael Lee Hopkins, theft of property of $2,500 to $10,000, theft of property of $1,000 to $2,500, probation violation and one case in boundover status, continued to Dec. 5.

—Eileen Lynn Baragona Norris, two counts of possession of meth with intent to sell and/or deliver, theft of property of up to $1,000, driving under the influence and one case in boundover status, continued to Nov. 9 for sentencing hearing.

—Jude Rod Pennington, first-degree murder, motion filing deadline set for Dec. 5 and hearing on motions set for Feb. 3.

—Brandon Wayne Rains, aggravated statutory rape, continued to Jan. 25.

—Karley Makenzie Reph, vehicular homicide, trial to be set on Jan. 25.

—Joseph Tyler Smith, sex offender registration form violation, continued to Nov. 15.

—Audrey Lynn Williams, possession of meth with intent to sell and/or deliver, continued to Feb. 10.

Probation violations

—Jerry Daniel Blackmon, probation violation of leaving the state without permission, 30 days in jail and then returned back to supervised probation.

—Georgia Ann Davisson, pleaded guilty to a probation violation of a positive drug screen for meth and was given credit for time served in jail and is being returned to supervised probation under terms and conditions of judicial diversion.

—Taylor Lee Denny, probation violation hearing continued to Nov. 9 with application for long-term rehab being prepared.

—Olivia Marie Dowdy, pleaded guilty to a probation violation of absconding and lost judicial diversion status. She will serve 60 days in jail with credit for time served and be returned back on supervised probation.

—Dennis Edward Hancock, probation violation hearing continued to Dec. 2.

—Roseanne Claire Hennessey, Public Defender's Office appointed to represent Hennessey and continued to Dec. 2.

—Tristan Monroe King, probation violation based on positive drug screen for morphine, ecstasy and marijuana, to serve one year in jail with credit for time already served.

—Matthew Jordan Lacy, probation violation based on new felony charges, to serve nine months in jail at 75%.

—Jackie Lynn Martin, James Hargis appointed to represent Martin and probation violations hearing continued to Dec. 2.

—Carl Richard Matthews, probation violation hearing continued to Dec. 2.

—William Larry Matthews Sr., probation violation based on new charges that were dismissed in General Sessions Court; probation violation warrant dismissed.

—Caitlin Renee Richards, probation violation, loss of judicial diversion and two-year sentence put into effect on plea to violation.

—Roger Wayne Thompson, probation violation warrant dropped.

—Chantel Marie Walker, presented certificate of completion of long-term rehab program and returned to probation.

—William Thomas Whittaker Jr., probation violation hearing continued to Dec. 2.

—Arissa Wilson, pleaded guilty to a probation violation based on absconding and it to serve nine months in jail at 35% and them be returned back on probation.

—Christopher Roy Wyatt, probation violation hearing continued to Dec. 2.

Michael Moser may be reached at mmoser@crossville-chronicle.com