Thursday, October 23, 2008

Troy, OHIO

A very courageous girl.



ARRAIGNED
Dec 13, 2007 - James H. Clay, 41, basketball coach at Troy Christian School, pleaded not guilty to one felony count of sexual battery for alleged sexual conduct with a 15-year-old girl.

Clay was a coach at Troy Christian School for about two years before he was fired in February. The firing was unnrelated to the sexual misconduct allegations. Clay was indicted by the Grand Jury.

Clay was charged earlier this year as part of an investigation by the sheriff's department but the charges were dismissed in favor of presenting evidence to a grand jury. The charge is sexual battery because at the time of the alleged conduct, Clay was in a position of trust as a coach.

CONVICTED August 28, 2008 - A Miami County jury that deliberated for around 80 minutes before finding Clay guilty of felony sexual battery.

Jurors reviewed all evidence, particularly a tape of a call the girl made in summer 2007 to Clay, asking him about videotapes she said he made of two sexual encounters. As the girl talked briefly with Clay, sheriff's Detective Mark Slater sat nearby.

"The tape was probably the most damaging," foreman Mark Herkins of West Milton said. Jurors listened to the tape four to five times, he said, adding, "We tried to listen to every word." On the tape, Clay tells the girl the tapes had been destroyed.
After the verdict, she thanked supporters.

OF NOTE: Lawyers challenge jury pool.
On Tuesday, Clay's lawyers challenged the county's jury pool because there were no blacks among the more than 40 people called for possible jury service. The lack of minorities, they argued, took away the right of a jury of his peers for Clay, who is black.
A couple of days after Clay was charged in December, his house burned. The fire was ruled an arson, but no one has been charged. Prosecutors are waiting for a final investigation report from the sheriff's office. Clay will be sentenced October 14.

SENTENCED October 14 - Clay was sentenced to the maximum - five years in prison for sexual conduct with a 15-year-old student. Clay is 41 years old.
Clay cried as he asked Judge Jeffrey Welbaum for mercy for him and his family, saying the past year has been filled with pain for his children, who have been harassed, and his loss of five jobs because of the criminal charge and conviction.

"I just want peace for my family and peace for (the victim's) family," he said.
Judge Welbaum reviewed Clay's criminal record, which he said included 26 convictions mostly between 1988 and 1997, including multiple assaults and driving under suspension.

Clay was classified a Tier III sex offender, requiring him to register his address with the sheriff in the county where he lives for the rest of his life.