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Clark, 38, and his codefendant Nichole Clark Rowe, 21, also of West Pennsboro Township, were arrested by state police on March 3.

According to court documents, the couple had a two-year sexual relationship with a girl, starting when she was 11. The girl’s mother found a cell phone at her home on Sept. 3, 2007, police said, and a neighbor at the mother’s house at the time reported seeing three photographs on the cell phone that appeared to be of the girl having sexual relations with Clark and Rowe.

Interviewed by police that same day, Clark said the images included only himself and Rowe and that he deleted the pictures because he was embarrassed by them, court documents say.

The girl said there were multiple incidents of sexual contact involving herself and the two defendants that occurred at the girl’s home, the Clark residence, in Clark’s car and at a hotel in Southampton Township, according to court documents. The incidents began on Sept. 3, 2005, and lasted through Aug. 25, 2007, according to state police.

By Heather Stauffer, Sentinel Reporter, October 9, 2008

Last updated: Thursday, October 9, 2008 11:26 AM EDT

A West Pennsboro man arrested in March on charges of raping a child had his bail reduced to $1 this week based on a defendant’s right to a speedy trial.

Cumberland County President Judge Edgar Bayley issued the order Tuesday reducing bail for Kenneth James Clark from $500,000 to $1, on the condition that Clark not have contact with his accuser or any member of her family.

The office of Cumberland County District Attorney David Freed disagreed with Bayley’s interpretation and filed a motion for reconsideration Wednesday.

“We are well aware of the controlling rules,” Freed said in reference to a state law that says a defendant incarcerated for more than 180 days before a trial is entitled upon petition to immediate release on nominal bail. Some exceptions are permitted based on motions by the defendant and circumstances beyond the court’s control.

“My office did not fail to bring this defendant to trial through mistake or oversight,” Freed said.

In this case, Freed said, the court schedule was such that the first possible trial date for Clark was after 180 days. Jury trials are not scheduled outside trial terms, Freed said, and before the latest trial term started on Sept. 8, the court had scheduled Clark’s bail motion for a hearing on Sept. 30.

“With our increasing caseload, I am concerned about this issue,” Freed said, noting that everyone’s case load is up every year, both across the court and in his and the public defender’s office.

Changes in 2009 will increase the number of trial terms from six to eight, which should help and prevent a repeat of the situation, Freed said.

“Still, that is of little consolation to the victim,” he said.

In prison

A spokesman for Cumberland County Prison said Clark remained behind bars this morning.

Clark and Nichole Marie Rowe are charged with rape of a child, involuntary deviate sexual intercourse with a child, statutory sexual assault, two counts of aggravated indecent assault, two counts of indecent assault and corruption of minors. Rowe was released from prison earlier this summer because she is pregnant.

Clark’s attorney, Cumberland County Senior Assistant Public Defender H. Anthony Adams, did not return a call for comment by press deadline this morning.