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Updated at 7:30 p.m., Saturday, June 2, 2007

Bail for sex-assault suspect stays at $304,000

The Maui News

WAILUKU — Saying he was concerned about the safety of the community, a Maui Circuit judge kept bail at $304,000 for a sex offender charged with sexually assaulting a woman while she was working at a Kahului sandwich shop last month.

Lorenzo "Niko" Clark, 37, has pleaded not guilty to charges of kidnapping, first-degree sexual assault, harassment by stalking, attempted first-degree sexual assault and third-degree sexual assault.

His trial is scheduled for July 7 before 2nd Circuit Judge Joel August, who maintained Clark's bail Friday.

"The court is very concerned about the potential safety of people here in the community," August said.

Defense attorney William Sloper had asked that Clark's bail be reduced to $100,000.

"We understand the charges are serious, we understand my client's past history," Sloper said. "But to set bail at $300,000 for a single 20-second episode involving one alleged comment is inappropriate."

In the May 8 incident, a 26-year-old woman reported being sexually assaulted by Clark when she went to empty the trash in a bin outside the Subway restaurant at Maui Mall. She said Clark pushed her against a wall, stopping only when her cousin called out to her.

Before the alleged attack, the woman said, Clark had repeatedly showed up at Subway, where she was working, and made sexual suggestions. She said she she had rejected his advances for two weeks.

In opposing any bail reduction, Deputy Prosecutor Davelynn Tengan said the incident lasted for several minutes, not 20 seconds as the defense claimed, and filled the woman with fear.

"It was essentially a blitz attack by Mr. Clark upon a young woman that he was basically harassing and stalking and trying to have sex with for a period of two weeks," Tengan said. "When she went to take out the trash, unbeknownst to her, he followed her and jumped her in the trash area."

Tengan said Clark was both a danger to the public and a flight risk.

Although he is listed on the Hawaii sex offender registry, Clark reported being homeless on Maui since Dec. 31 and hasn't complied with sex offender registration rules to provide updated information, Tengan said.

In 1997, Clark was found guilty of sex with a minor in San Mateo, Calif.

For more Maui news, visit The Maui News.