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Richland Chief Shows DA's Arrest Tape
Officials dispute contention by Clark he was mistreated
July 09, 2004
By Peggy Matthews
RICHLAND — Richland officials on Thursday tried to spiff up what they say is a tarnished image of the city following the DUI trial of Madison-Rankin County District Attorney David Clark.
During a news conference at the police department, Chief Russell James played the booking tape of Clark's arrest to show the arresting officer treated him fairly.
Clark was charged with driving under the influence of a substance other than alcohol in a Dec. 2, 2003, accident. His trial ended abruptly Tuesday when the judge dismissed the case on a technicality just before the booking tape was shown. City Attorney Paul Henderson said he disagreed with Judge William Ishee's ruling that the DUI ticket was invalid. Ishee said the deputy clerk who attested to it was not properly sworn in by a judge but by James.
Henderson said the ticket was valid even if the swearing-in technique was defective. State deputy Attorney General Mike Landford agreed.
"There is case law that states actions of officials are binding regardless of the technique of authorizing them for their position," Landford said.
Lt. Chris Bridges is shown on the tape speaking solicitously to Clark, telling him he would not make him post bond and showing him how to use the phone to call his wife to pick him up.
But during the trial, Bridges had been heard on a police cruiser tape made at the scene saying Clark's arrest was going to be "(expletive) sweet."
James also was identified on the tape as using the same expletive. Clark has said those words showed malice toward him.
Mayor Shirley Hall said if anything, the police treated Clark "a little special" because of his position. Hall is Bridges mother-in-law.
Yet the city has had to defend itself against "absolutely outlandish statements" that the prosecution was politically motivated and Clark had been treated "like a heinous murderer," she said, referring to a comment Clark made earlier this week.
Had the police let Clark go, the public "would be frying us," she added. However, Hall said she didn't condone the use of profane language on the police cruiser tape, but felt it was used under duress.
The prosecution cost the city more than $18,000.
Clark said the news conference was further indication of malice toward him. Bridges, he added, did not know he was on camera when he used the expletive, but knew he was being taped at the booking room.
"The city ... chose this judge, paid this judge and chose the prosecutor. It seems absolutely ridiculous for them to now complain about their ability to discern the law," Clark said.
James said he believed Clark was "absolutely" impaired, not only when he failed the field sobriety test but also on the booking tape. He said the news conference was to instill some public trust in the department. He backed Bridges "100 percent."
Clark said he was sick from bronchitis and should have received medical attention. Two people testified during the trial he was not impaired.
"The city's own witnesses proved I am innocent," Clark said.
Both Clark and James said they did not foresee any problems working together, despite the acrimony.
