Published: March 17, 2008 10:56 pm      

Judge stands by bail denial for Clark

BEDFORD — An Everett man charged with kidnapping and murder – and who has been in jail nearly three years awaiting trial – won’t be free any time soon.

In a ruling made public Monday, Judge Daniel Howsare refused to reconsider an opinion he handed down a year ago denying a request by Joseph W. Clark to be released from the Bedford County Jail on nominal bail.

Clark, 49, accused of the 2000 kidnap/murder of Holly Notestine, had a three-week trial earlier this year that ended in a hung jury.

He had hoped to be out of jail pending his second capital murder trial, likely in early June.

Thomas Crawford, the suburban Pittsburgh attorney representing Clark, said Monday no other options are left to pursue.

“I probably won’t appeal it. The time it takes for the Superior Court to rule on it, the trial will be over,” he said.

The higher court dismissed Crawford’s appeal of the 2007 Howsare decision.

Bedford County District Attorney William Higgins said he was not surprised by the latest ruling.

“That’s what I expected. We’re ready to proceed to trial. We’re waiting on a location for the jury selection,” Higgins said.

As of Monday, the state Supreme Court had not ruled on a motion by Crawford seeking a seal on the order naming a county where a jury will be selected for the second trial.

The jury in the first trial was brought in from Butler County.

Crawford hopes to keep the county for the second panel secret to avoid prospective jurors reading news accounts about Clark on the Internet.