TAPED ARREST CASE Attorney charged in heated hearing

A judge sent the case against Lyndal Kimble to a grand jury for consideration.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A judge didn't dismiss charges against Lyndal Kimble, whose violent arrest made national news. Instead, the judge added a charge against his attorney.
"This whole town is unconstitutional," cried out Atty. Richard Olivito before getting slapped with a contempt-of-court charge by Judge Terry Ivanchak of Warren Municipal Court.
Judge Ivanchak ordered Olivito to be back in his court at 1:30 p.m. Aug. 21 to face the contempt charge.
Olivito could be ordered to apologize and pay a fine or be sentenced to jail, court officials said.
Several times during Thursday's three-hour preliminary hearing, Olivito argued with the judge and Prosecutor Traci Timko-Rose and he made comments about the police department and the city.
"I wouldn't expect a fair hearing here," Olivito said at one point during the hearing.
After the hearing, however, Olivito apologized to the judge.
"I do apologize for my actions; I just get very emotional with this case," Olivito said. He added that he believes his client was beaten by police.
"They brought these charges against my client to cover their own actions," Olivito said.
Purpose of hearing
Judge Ivanchak, however, said the hearing was only to determine if police had probable cause to arrest Kimble on the felony charges. The judge did find that there was probable cause and sent the case to the county grand jury. It has not been determined when the grand jury will hear the case.
Kimble, who declined to comment, faces charges of felonious assault on a police officer, possession of drugs and tampering with evidence.
Officer Greg Hoso testified for nearly an hour and stated that it was Kimble, not police, who was abusive. Hoso said he suffered cuts on his arms, and Kimble tried to choke him.
"I struck him after he started choking me," Hoso said. "I used reasonable force to maintain control of the situation."
Hoso said he saw Kimble put suspected cocaine in his mouth, and the officers were trying to get the drug before it was swallowed.
"He had crumbs of cocaine on his lips," Hoso said.
Hoso noted that Kimble later apologized to him.
Arrest videotaped
Kimble's 1 p.m. June 28 arrest was videotaped by a neighbor. The videotape has been played on local and national news.
Kimble's neighbors testified that they felt Kimble's life was in danger.
"The officers picked him up and body-slammed him and hit him numerous times," said Amy Price, 28, who lived across the street from Kimble. "Lyndal kept asking them to stop. I thought they were going to hurt him bad."
sinkovich@vindy.com