Iowa Supreme Court upholds sex abuse conviction of former Iowa City school counselor

The Iowa Supreme Court has upheld the sexual abuse conviction of a former Iowa City elementary school guidance counselor in 2009.

Donald Clark, 43, a former counselor at Lemme Elementary, was convicted by a jury of second-degree sexual abuse. He sexually abused a fifth-grade student during the 2003-04 school year.

Clark appealed the conviction, arguing his constitutional rights to a fair trial and due process were violated because the trial court failed to grant his continuance and to allow depositions to be retaken regarding e-mails written by the student, which were submitted late in the case.

The trial court ruled the e-mails concerned the abuse but didn't reveal any new facts for the case.

The court found Clark's rights were not violated, according to the ruling. The right to present a defense doesn't entitle a criminal defendant the right to depose witnesses. Clark had no constitutional right to retake the depositions of the victim, according to the ruling.

Clark's attorney obtained the e-mail a few days before the trial, according to the ruling. The defense knew from the depositions everything included in the e-mail. The information didn't change the direction of the case.

Clark is serving a 25-year sentence.