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Pretrial diversion agreement reached

 Montgomery County Precinct 4 Commissioner Jim Clark has reached an agreement with the prosecutors pro tem involved in the Texas Open Meetings Act (TOMA) case involving Precinct 2 Commissioner Charlie Riley, County Judge Craig Doyal, and political consultant Marc Davenport.

The agreement provides a pretrial diversion for Commissioner Clark, meaning when he completes the conditions of the agreement his record can be expunged. According to E. Tay Bond, the Conroe-based attorney representing Commissioner Clark, oftentimes a pretrial diversion requires an admission of guilt; however, he notes, this was not the case here. “Commissioner Clark entered a plea of not guilty to the Court,” said Bond.

Commissioner Clark feels that, after reviewing the grand jury testimony in its entirety, the special prosecutors of this case – who were appointed by Kelly Case, former Judge of the 9th District Court – felt comfortable in approaching him through his attorney E. Tay Bond. “We feel they offered Commissioner Clark this agreement in exchange for something he would have given freely in court anyway: the truth,” said Bond.” It’s what he’s done thus far and will continue to do moving forward. It’s what his constituents would expect.”

“I gave a true and honest testimony to the grand jury, and I believe the special prosecutors knew the truth when they heard it and were inspired to approach me through my attorney,” said Clark. “The other conditions of the agreement are fair, and I look forward to fulfilling these terms so that we can move forward from this event.” For Clark to successfully have the case against him dismissed, he must also complete a course given by the Texas Attorney General’s Office on TOMA, retain an attorney to advise him and his staff of TOMA obligations, and obey all laws.

Clark, Riley, and Doyal are all up for re-election in 2018, and Clark is confident that, once the testimony has been given in open court, the public will better understand the facts of the case.

“The special prosecutors knew they needed the unvarnished truth to be spoken concerning myself and the others involved in this case, and I’m grateful for their trust,” said Clark.

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