Major trial delayed until fall
David Cole | Hagadone News Network | UPDATED 11 years, 7 months AGO
COEUR d'ALENE - The Post Falls foster parents indicted in Kootenai County for allegedly injuring two children in their care, including one who died, had long been scheduled to be tried starting this week.
The trial, however, in 1st District Court of Jeremy M. Clark and his wife, Amber M. Clark, is now scheduled to start in early September.
Sean Walsh, who is representing Jeremy Clark, said Thursday, "Out-of-state medical experts and logistics threw it off track."
He said the defense asked for a delay until June.
"Apparently the summer was not a good setting for a five-to-six-week trial," Walsh said.
It's now set to begin Sept. 4, he said.
Kootenai County Prosecutor Barry McHugh confirmed the trial has been moved to that week. Chris Schwartz, who represents Amber Clark, couldn't immediately be reached for comment.
Two-year-old foster child Karina J. Moore died in January 2009, days after the Clarks told police Karina fell down stairs in their home. A medical examiner ruled the case a homicide, citing "blunt-force head injuries."
The indictment also alleges the Clarks inflicted ice baths on a boy in their care, who was 4 or 5 years old at the time, and caused injuries to his head and body, court documents said. That alleged abuse occurred between December 2007 and January 2008.
Karina's mother, 26-year-old Samantha Richardson of Coeur d'Alene, said waiting this long for an outcome has been frustrating.
"I have to say goodnight to an urn every night," Richardson said. Karina would be turning 7 next month.
Karina and two siblings were taken from Richardson in mid-November 2008 because Richardson was accused of deliberately harming her son. Further investigation showed it was an accident.
She has custody of her three children today, ages 10, 4 and 2.
Richardson's attorney, Roland Watson, said, "Samantha has just been brutalized by this process."
He said they weren't given a reason for the continuance.
"It's extremely frustrating to be on the outside," Watson said. He represents Richardson in a lawsuit. He said further delay of the criminal case delays their civil case.
In November 2011, the Clarks were indicted by a grand jury in Kootenai County on two counts of felony injury to a child, conspiracy to conceal evidence of abuse and perjury. They are not in custody.