Palestine man pleads guilty to sexual assault
Posted on Thursday, November 20, 2008
Sparkman
BENTONVILLE — Robert Sparkman avoided a second rape trial Wednesday by pleading guilty to a lesser charge and admitting to engaging in sexual contact with a 4-yearold girl.
Sparkman, 26, of Palestine, Ark., was charged with rape, a class Y felony punishable with a prison sentence ranging from 10 to 40 years or life. Under a plea agreement attorney Michael Hodson reached with Deputy Prosecutor Stephanie McLemore, Sparkman pleaded guilty to sexual assault in the first degree, a class A felony that carries a punishment range from six to 30 years in prison.
Sparkman had been convicted of rape, but the Arkansas Supreme Court overturned his conviction.
In August 2003, a jury found Sparkman guilty of rape. Circuit Judge David Clinger sentenced Sparkman to 18 years in prison. Sparkman had to serve 70 percent of his sentence before being eligible for parole.
Sparkman later petitioned for a new trial based on ineffective counsel. Sparkman claims his attorneys erred when they did not seek to suppress his statement because the interview took place after Sparkman had been appointed an attorney.
Clinger denied Sparkman’s petition, but the state Supreme Court reversed Clinger ’ ruling.
Prosecutors could retry Sparkman, but could not used the taped interrogation where Sparkman admitted to engaging in sexual contact with the chid as evidence.
The victim was declared as an unavailable witness and did not testify during the trial. Clinger found she could not distinguish truth from fiction.
McLemore told the judge the girl and her family were putting the abuse behind them, but the case had reopened old wounds. The deputy prosecutor believes the plea agreement was in the best interest of the victim.
The judge accepted the plea agreement and Sparkman’s guilty plea.
Sparkman was sentenced to six years in prison, but he received credit for the six years and 90 days he already had served. Sparkman was also given a 10-year suspended sentence and he must report monthly to a probation officer for the first five years.
If Sparkman violates terms of the suspended sentence, he could be sentenced up to 24 years in prison.
Sparkman will be required to register as a sex offender. He must enroll and complete the sex offender treatment program at Ozark Guidance or at a similar facility. He must pay $ 2, 120 in court-associated costs.
Sparkman was also ordered not to have any contact with the girl or her family members.
Sparkman was taken into custody and transported to the Benton County Jail, but he will be released after the Arkansas Department of Correction verifies the time Sparkman already has served.
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