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Former school counselor sentenced to up to 25 years for abusing child
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Mar. 18, 2010 1:39 pm, Updated: Oct. 11, 2022 10:58 am
Former elementary guidance counselor Donald Clark continued to proclaim his innocence this morning even as a judge sentenced him to serve up to 25 years in prison for sexually abusing a child.
A Johnson County jury convicted Clark in February of sexual abusing a fifth-grade student during the 2003-04 school year, at one point covering the boy's mouth with a stuffed toy when he was crying during the abuse. The 25-year prison term is mandatory upon conviction of second-degree sexual abuse
The victim's mother said Clark changed her son from “happy-go-lucky” into an unhappy child.
“You were a very evil being,” she said during her victim impact statement. “I cannot even call you human. ... You were the trusted person of authority. You abused your power.”
The victim, now 16, said he spent many years carrying guilt from his encounters with Clark, adding it stole time from his family that he can never regain.
“His evil act put me on the path to destruction,” he said. “I lost all respect for others. I lost all respect for myself. I hated myself. I felt like an outcast from everyone. I went through dark times.”
The victim's father, who was tearful, called Clark a monster, saying he wanted to “murder (you) in the most brutal way possible” for taking away his son's innocence.
“Justice was done. May you rot in prison,” he said.
Clark faced the family as he spoke, saying he didn't know why the victim accused him of such a “heinous” act that never occurred.
“One thing I know in this lifetime is that I've never hurt a child. You know, I know, and God knows, it was not me,” he said, looking at the victim. “You can take my freedom, but you can't take my heart and soul.”
Clark said his fight is “just beginning.” He said he would have taken the plea deal had he been guilty because he has always taken responsibility for his actions.
Judge Douglas Russell denied a motion for a new trial and arrest of judgment requested by Clark's attorney, John Robertson.
Robertson argued that no physical evidence was presented at trial and that the testimony did not provide enough substance to prove Clark's guilt. He also claimed that a letter the victim wrote to his parents regarding the abuse allegations was provided just days before the trial began and that the denial for a continuance violated Clark's right to a fair trial.
“We now have a verdict that we believe raises innumerable question marks,” Robertson said.
Assistant Johnson County Attorney Anne Lahey argued that Robertson furnished sufficient cross-examination about the letter and said the court was not prejudiced in denying the continuance.
Russell ordered Clark to serve 70 percent of his sentencing before becoming eligible for parole. The family is requesting more than $70,000 in restitution, which will be considered in a hearing at a later date.