Sunday, April 29, 2007

The State of Nevada v. Daryl O. Clark, NDOC Prisoner Id 24347

Before I go on to current events, I'm wrapping up (for now) my abortion rants. I often hear how abortion should remain legal for rape and incest victims. This is one such TRUE story (and can be investigated through the State of Nevada) and illustrates why I don't believe it should be legal even in situations such as rape and incest. I stand firmly behind my conviction abortion in any form is murder.

Read on dear readers.

In the State of Nevada, there exists a division of the Division of Parole and Probation that writes Pre-Sentence Investigation ("PSI's") reports once a defendant has been adjudicated guilty and prior to sentencing. These reports encapsulate the defendant's prior criminal history, familial background, "instant" offense and sentencing recommendations to the judge based on all of those factors.

According to Daryl O. Clark's PSI, he had a criminal history of 2 prior Breaking and Entering an Occupied dwelling (convicted on both), 1 prior Unlawful Driving Away of Motor Vehicle (convicted) and the instant offense was 1) Burglar; 2) Robbery with Use of a Deadly Weapon; 3) Sexual Assault with Use of a Deadly Weapon in the Commission of a Crime (8 counts) (instant offenst).

In the State of Nevada, use of a Deadly Weapon in the Commission of a Crime is an automatic enhancement with a sentence equal and consecutive to the actual crime. So, in this case, he committed and was convicted of Sexual Assault, with an equal and consecutive enhancement for Use of a Deadly Weapon.

The offense report reads as follows:

"Records of the Las Vegas Metropolitan Police Department and the Clark County District Attorney's Office reflect that the instant offense occurred substantially as follows:

On March 3, 1987, between 5:30 a.m. and 6:30 a.m., the defendant entered the residence of the victim, a 25-year-old female. This residence was also occupied by her 5-year-old daughter. The suspect entered by lifting out the kitchen window. The victim woke up in her bedroom and observed a male adult, subsequently identified as the defendant, wearing a brown and black ski mask with holes cut out over his face and also wearing a blue nylon windbreakertype jacket and high top tennis shoes that wrapped around the ankle area with red shoe laces. The suspect was pointing a small snub-nosed, blue steel revolver at her head threatened to kill her and her daughter if she did not submit to his demands.

The suspect forced her to perform oral sex on him. After this was completed, he got into bed and performed normal vaginal sex on her, then turned her over and sodomized her. After this, he got up and ransacked her entire house and took several pieces of jewelry, $6 in cash, and two cartons of Benson & Hedges cigarettes. The suspect then left by the front door and stated that he would kill her and her daughter if she reported the crime to the police. She immediately reported the crime.

On 3-4-87, the victim, while walking to her apartment, saw a suspect whom she believed to be the perpetrator, standing in the same apartment complex near her apartment. She telephoned the police, who responded to apartment #280, which the victim saw the suspect enter. The officers questioned a female, who stated that Darryl clark was her cousin and had been living with her for several months.

She advised that Clark was not in the apartment. While this investigation was going on, security advised the officers that they had located the suspect and had him in custody. He was advised of his rights and questioned by the officers. At this point, Clark began smoking a Benson & Hedges cigarette. He extinguished the butt and placed it in his right jacket pocket. This cigarette butt was retrieved at booking and placed into evidence.

Clark was further asked if he had any prior arrests in the United States, and he stated that he had an arrest for Breaking and Entering in St.Louis, Missouri. After several attempts to gain information from the suspect, he was questioned as to where he had obtained the cigarettes, and he stated that he had bought them at the Green Valley Grocery. This was determined to be false information.

Thereafter, the officers obtained consent to search the apartment being occupied by the defendant's cousin, Terrie Jones. The search revealed: One unopened carton of Benson & Hedges cogarettes, one Smith & Wesson .38 caliber blue steel revolver with a 2 inch barrel, bearing serial no. D32219. The gun was loaded with five rounds of .38 special wadcutters. Also found was a blue cloth jacket, one pair of Adidas blue high top sneakers with red shoelaces. Also found was one gray and blue ski cap. All of these items were impounded into evidence.

As Clark matched the general height and build of the described suspect, he was arrested for Sexual Assault, Burglary, and Robbery With Use of a Deadly Weapon in Commission of a Crime. He was also booked for False Information to a police officer. Clark was transported to the Clark County Detention Center, where a blood kit was obtained from him as well as hair samples.

Clark made no admissions and claimed no knowledge of any sexual assault. The victim positively identified the defendant through the sound of his voice and his physical description. She had remembered that his penis was uncircumcised. This characteristic was also noted of the defendant.

Victim Information:

According to the victim, she is afraid that the defendant will be released from custody and will come and get her and her daughter. She wants him to go to prison for as long as possible. She further revealed that she became pregnant as a result of the repeated assaults and had to have an abortion. She indicated that she has had law enforcement training and can identify suspects through voice and physical description.

In her written statement, the victim indicates that he left, but returned again and took her purse and other personal property. She indicates that her pride, her self-confidence, and her security has been threatened. She indicates that she has been threatened by the defendant's friends since he has been in custody. She lives in constant fear. She and her daughter are seeking counseling, but this cannot erase the trauma that they both suffer.

Those two sections were taken directly from the PSI regarding this defendant. Unfortunately, victims aren't allowed to see a PSI before it's submitted to the Court and there were errors in both sections.

In the "OFFENSE REPORT" section, it neglected to mention that Clark had actually broken in two months prior and stolen all the jewelry and the victim's purse. It also failed to mention how Clark had forced the daughter into bed with the mother, covered both their heads with a pillow and then left, with the mother fearing the gun would be firing any second.

In the "VICTIM INFORMATION" section, the pregnancy was misreported. The victim was not pregnant; however, due to the extreme stress of the situation had missed periods and thought she was. She did not obtain an abortion, but had prepared for one. She had even asked her father for the money for one, after agonizing over whether she should raise the child herself (would she be able to divorce the child from his/her father's actions) or put the child up for adoption (did she want to inflict another couple with this child's aberrant genetic anomalies).

As stated, she did not, in fact, obtain an abortion.

This was also in the early days of AIDS--for the next 10 years, the victim had to be tested every six months to see if she had contracted AIDS from the rape. This added to the anger and frustration the victim suffered and, had she tested positive at any given time, it would have been possible to re-try Clark for attempted murder. Fortunately the victim tested negative at all times.

Clark was sentenced to four consecutive life terms--two terms for sexual assault and two equal and consecutive terms for Use of a Deadly Weapon in Commission of a Crime. At the time, he was eligible to attempt parole after serving 5 years on one sentence, and roll-over to the next term. Optimally, he would have been out in 20 years (the 20th anniversary just passed). At this time, he is still on term 3 and has yet to "roll over" to term 4. He will not be eligible to apply until June, 2009.

Now, with all the talk about abortion in the cases of rape and incest. Unless you have been there, done that--as in this victim's case--you don't have a leg to stand on.

To indulge yourself in such rhetoric sounds good, makes it look as if you are an "informed" person with an "informed" opinion--however, it's nothing more than mental masturbation, designed to make you look good, sympathetic to the victim, up to date and "hip" to the rhetoric currently raging. You are, however, ignorant of the true facts surrounding such circumstances.

You cannot possibly understand what goes through a rape victim's mind. The victim has the initial trauma; the skipped periods, the "Oh my GOD what if...." to deal with, the possibility of AIDS, the investigation, the trial and the sentencing. The victim has it resurrected repeatedly when the defendant comes up for parole and the nightmares start again. The victim has gone through counseling and still the anger and rage return.

This victim was "lucky" in that she WAS NOT pregnant. She agonized; as she grew older and learned more about the issues of abortion, she realized under no circumstances would that child (had there been one) have deserved a death sentence for what its father did. Even though it would have been difficult to carry a child conceived in these circumstances, she could have given that child a chance with a loving family.

Yes, it WOULD be difficult to carry a child to term under these circumstances; however, knowing the child would be given life, knowing the child would have a loving home, would make it easier than living with a murder for the rest of the victim's life. It would also, ultimately, make it easier on the victim as the victim grew and matured, to know in her heart she hadn't compounded the crime with another, more heinous crime.

Now, Miss Beth, how did you get access to this information? How do you know so much about this crime and this rapist? How do you know so much about the whole subject? What makes YOU the reigning opinion-maker on this subject?

It's quite simple, really. I AM THIS victim and this is MY story.

I now KNOW, deep in my heart, that had I been pregnant and gone through with the abortion, I would be in deep mourning for murdering my child. I have had the advantage of age and wisdom, as well as hindsight, to mature and to know the facts.

The very simple fact is this: NO CHILD, REGARDLESS OF THE CIRCUMSTANCES OF HIS OR HER CONCEPTION, DESERVES TO BE MURDERED.

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My Favorite Speeches and Other Items of Interest

  • George Bush's March 28, 2007 Discusses Economy, War on Terror During Remarks to the National Cattlemen's Beef Association;http://www.whitehouse.gov/news/releases/2007/03/20070328-2.html
  • Mitch McConnell's March 15, 2007 Funding For Troops, Not Timelines for Retreat; http://mcconnell.senate.gov/record.cfm?id=270747&start=1
  • Ronald Reagan's June 12, 1987 Tear Down This Wall Speech; http://www.reaganfoundation.org/reagan/speeches/wall.asp
  • Vice President Cheney's March 12, 2007 Remarks at the AIPAC 2007 Policy Conference; http://www.whitehouse.gov/news/releases/2007/03/20070312.html

Winston Churchill Quotes

  • A prisoner of war is a man who tries to kill you and fails, and then asks you not to kill him.
  • Although personally I am quite content with existing explosives, I feel we must not stand in the path of improvement.
  • Although prepared for martyrdom, I preferred that it be postponed.
  • Attitude is a little thing that makes a big difference.
  • Battles are won by slaughter and maneuver. The greater the general, the more he contributes in maneuver, the less he demands in slaughter.
  • Danger - if you meet it promptly and without flinching - you will reduce the danger by half. Never run away from anything. Never!
  • I always seem to get inspiration and renewed vitality by contact with this great novel land of yours which sticks up out of the Atlantic.
  • I am an optimist. It does not seem too much use being anything else.
  • I have nothing to offer but blood, toil, tears and sweat.
  • I like a man who grins when he fights.
  • I was only the servant of my country and had I, at any moment, failed to express her unflinching resolve to fight and conquer, I should at once have been rightly cast aside.
  • If you have an important point to make, don't try to be subtle or clever. Use a pile driver. Hit the point once. Then come back and hit it again. Then hit it a third time-a tremendous whack.
  • In war as in life, it is often necessary when some cherished scheme has failed, to take up the best alternative open, and if so, it is folly not to work for it with all your might.
  • It is no use saying, 'We are doing our best.' You have got to succeed in doing what is necessary.
  • Moral of the Work. In war: resolution. In defeat: defiance. In victory: magnanimity. In peace: goodwill.
  • Never in the field of human conflict was so much owed by so many to so few.
  • Never, never, never give up.
  • No folly is more costly than the folly of intolerant idealism.
  • One ought never to turn one's back on a threatened danger and try to run away from it. If you do that, you will double the danger. But if you meet it promptly and without flinching, you will reduce the danger by half. Never run away from anything. Never!
  • Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.
  • Success is not final, failure is not fatal: it is the courage to continue that counts.
  • The first quality that is needed is audacity.
  • The nose of the bulldog has been slanted backwards so that he can breathe without letting go.
  • The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.
  • There is no such thing as public opinion. There is only published opinion.
  • These are not dark days: these are great days - the greatest days our country has ever lived.
  • They are decided only to be undecided, resolved to be irresolute, adamant for drift, solid for fluidity, all-powerful to be impotent.
  • True genius resides in the capacity for evaluation of uncertain, hazardous, and conflicting information.
  • Victory at all costs, victory in spite of all terror, victory however long and hard the road may be; for without victory, there is no survival.
  • War is a game that is played with a smile. If you can't smile, grin. If you can't grin, keep out of the way till you can.
  • War is mainly a catalogue of blunders.
  • We shall defend our island, whatever the cost may be, we shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender.
  • We shall draw from the heart of suffering itself the means of inspiration and survival.
  • When the eagles are silent the parrots begin to jabber.
  • When you are winning a war almost everything that happens can be claimed to be right and wise.
  • You have enemies? Good. That means you've stood up for something, sometime in your life.

Ronald Reagan Quotes

  • "The trouble with our liberal friends is not that they're ignorant: It's just that they know so much that isn't so."
  • Above all, we must realize that no arsenal, or no weapon in the arsenals of the world, is so formidable as the will and moral courage of free men and women. It is a weapon our adversaries in today's world do not have.
  • All the waste in a year from a nuclear power plant can be stored under a desk.
  • Approximately 80% of our air pollution stems from hydrocarbons released by vegetation, so let's not go overboard in setting and enforcing tough emission standards from man-made sources
  • Come here to this gate! Mr. Gorbachev, open this gate! Mr. Gorbachev, tear down this wall!
  • Concentrated power has always been the enemy of liberty.
  • Double, no triple, our troubles and we'd still be better off than any other people on earth. It is time that we recognized that ours was, in truth, a noble cause.
  • Facts are stupid things.
  • Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.
  • Freedom prospers when religion is vibrant and the rule of law under God is acknowledged.
  • Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves.
  • Governments tend not to solve problems, only to rearrange them.
  • History teaches that war begins when governments believe the price of aggression is cheap.
  • How can a president not be an actor?
  • How do you tell a communist? Well, it's someone who reads Marx and Lenin. And how do you tell an anti-Communist? It's someone who understands Marx and Lenin.
  • I have wondered at times what the Ten Commandments would have looked like if Moses had run them through the US Congress.
  • I will stand on, and continue to use, the figures I have used, because I believe they are correct. Now, I'm not going to deny that you don't now and then slip up on something; no one bats a thousand.
  • In Israel, free men and women are every day demonstrating the power of courage and faith. Back in 1948 when Israel was founded, pundits claimed the new country could never survive. Today, no one questions that. Israel is a land of stability and democracy in a region of tryanny and unrest.
  • Let us ask ourselves; "What kind of people do we think we are?".
  • Man is not free unless government is limited.
  • My philosophy of life is that if we make up our mind what we are going to make of our lives, then work hard toward that goal, we never lose - somehow we win out.
  • No mother would ever willingly sacrifice her sons for territorial gain, for economic advantage, for ideology.
  • Of the four wars in my lifetime, none came about because the U.S. was too strong.
  • Our forbearance should never be misunderstood. Our reluctance for conflict should not be misjudged as a failure of will. When action is required to preserve our national security, we will act.
  • Protecting the rights of even the least individual among us is basically the only excuse the government has for even existing.
  • Some people wonder all their lives if they've made a difference. The Marines don't have that problem.
  • The ultimate determinant in the struggle now going on for the world will not be bombs and rockets but a test of wills and ideas - a trial of spiritual resolve: the values we hold, the beliefs we cherish and the ideals to which we are dedicated.
  • The United Sates has much to offer the third world war.
  • There are no easy answers' but there are simple answers. We must have the courage to do what we know is morally right.
  • To paraphrase Winston Churchill, I did not take the oath I have just taken with the intention of presiding over the dissolution of the world's strongest economy.
  • Today we did what we had to do. They counted on America to be passive. They counted wrong.
  • We are never defeated unless we give up on God.
  • We have the duty to protect the life of an unborn child.
  • We must reject the idea that every time a law's broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions.
  • We will always remember. We will always be proud. We will always be prepared, so we will always be free.
  • Within the covers of the Bible are the answers for all the problems men face.
  • You know, if I listened to Michael Dukakis long enough, I would be convinced we're in an economic downturn and people are homeless and going without food and medical attention and that we've got to do something about the unemployed.

Eleanor Roosevelt Quotes

  • No one can make you feel inferior without your consent

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