Ex-coach Clay found guilty of sexual battery
- Earlier: Clay heard telling girl he destroyed sex tapes
- Photos: From the trial
Thursday, August 28, 2008
TROY — James H. Clay looked straight ahead for a few seconds before closing his eyes Thursday, Aug. 28, after he was found guilty of felony sexual battery by a Miami County jury that deliberated for around 80 minutes.
The courtroom was silent as Common Pleas Judge Jeffrey Welbaum read the verdict for the former Troy Christian schools basketball and football coach, accused of sexual activity with a 15-year-old student between September 2006 and February 2007.
Clay, 41, of Piqua, and about a dozen supporters sat quietly before leaving the courtroom without comment. His lawyers, Steve Dankof Sr. and Thomas Intili of Dayton, refused to comment. When asked if an appeal would be filed, the lawyers did not answer.
County Prosecutor Gary Nasal said, "We are ecstatic first of all for the victim and second of all for the community," Nasal said.
The girl, now 17, grasped supporters' hands and cried.
"I feel like justice was served, but I feel bad for his kids. I had a really good relationship with them," the girl said.
Clay faces up to five years in prison at sentencing Oct. 14. Welbaum continued his release on a recognizance bond with the condition Clay has no contact with the girl.
Jurors reviewed all evidence, particularly a tape of a call the girl made in summer 2007 to Clay, asking him about videotapes she said he made of two sexual encounters. As the girl talked briefly with Clay, sheriff's Detective Mark Slater sat nearby.
"The tape was probably the most damaging," foreman Mark Herkins of West Milton said.
Jurors listened to the tape four to five times, he said, adding, "We tried to listen to every word."
On the tape, Clay tells the girl the tapes had been destroyed.
The defense presented no witnesses. Defense lawyers argued the girl made up the story about Clay, who was acting as her mentor following her parents' divorce, out of revenge when she found out her mother and Clay had an affair.
On Tuesday, Clay's lawyers challenged the county's jury pool because there were no blacks among the more than 40 people called for possible jury service. The lack of minorities, they argued, took away the right of a jury of his peers for Clay, who is black.
A couple of days after Clay was charged in December, his house burned. The fire was ruled an arson, but no one has been charged. Prosecutors are waiting for a final investigation report from the sheriff's office.
Contact this reporter at (937) 225-2292 or nbowman@DaytonDailyNews.com.


