Published: June 16, 2008 11:20 pm      

Murder defendant seeks release to search for alibi evidence

BEDFORD — Accused murderer Joseph W. Clark, who is set to go on trial today, is asking the court for a brief release from jail so he can look for evidence of an alibi for the night Holly Notestine was killed.

Judge Daniel Howsare on Monday heard arguments from defense attorney Thomas Crawford, who said Clark needs time to look for the evidence that others have been unable to locate.

Bedford County District Attorney William Higgins opposes the request.

“To put a defendant in his own environment where he knows where everything is, it’s potentially a recipe for disaster,” Higgins said during Clark’s final pretrial hearing. “If the defendant has a rifle, he knows where it is.”

Clark is seeking a four-hour release from jail and would be accompanied to his house by sheriff’s deputies.

It was suggested the release could occur Sunday, when court is not held, and prior to the start of the defense’s case.

Clark, 49, of Everett was arrested more than three years ago for Notestine’s kidnapping and slaying.

She disappeared from the Monroe Township farm that she operated with Ronald Grubb, the father of her children.

Clark, a friend of Grubb, was a suspect from the beginning. His car caught fire and burned about six hours after Notestine was reported missing.

He was tried on murder charges in January but is back in court for a second trial after the Butler County jury was unable to reach a verdict.

Clark’s attorney said his client wants to return to the house he shared with his mother, Eunice Clark, to search for statements he had signed by two clerks at a convenience store in Warfordsburg near the Maryland border.

The statements would provide an alibi for Clark, who maintains he was at the store about 8:30 p.m. April 30, 2000, the day of the murder.

Police have established that Notestine was kidnapped from the farm between 8:30 and 9:12 p.m.

Crawford said he, Clark’s mother and fiancee have searched the house for the papers without success.

“I’ve seen them myself. Mr. Clark showed them to me,” Crawford said of the signed statements. “We would like to have those papers, because they would be helpful to the defense.”

Crawford also repeated an unsuccessful argument made four months ago, when he asked Howsare to release Clark because he has been denied his constitutional right to a speedy trial.

He was arrested 1,134 days ago, Crawford said – far in excess of the one year provided by law.

Higgins argued the hung jury started the clock again and the prosecution has met the 120-day requirement for a second trial.

“Last Monday, when we started picking the jury, was the 120th day,” Higgins said.