WARREN City man chooses jury trial in traffic-stop case

The judge recessed so the man could pick an attorney after two argued in court.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A man contending he was roughed up during his arrest turned down a deal that would have resulted in no jail time, opting instead for a jury trial.
Acting against the advice of his public defender, Clarence Clay followed some last-minute counseling by his civil attorney, Richard Olivito, and asked for a jury trial.
Judge Thomas Gysegem set a date of Sept. 15. Olivito said that day may be changed because he has a case in another court.
Filed suit
Clay, of Brier Street Northeast, filed a lawsuit in federal court earlier this month contending that he was beaten and illegally strip-searched by officers during a traffic stop March 26.
Leaving the courtroom, Clay appeared to be confused about the choice he had made and asked Olivito if prosecutors would still recommend no jail time at his trial. When informed that would not happen, Clay abruptly left the building.
"He's just upset because he has a bad health condition," said Olivito. "This court proceeding is a lot of stress on him and they wanted to make him take a plea."
If convicted, he could face up to six months in jail, court officials said.
Atty. Melissa Dinsio, Clay's court-appointed defense attorney, repeatedly told Clay she would do whatever he wanted and also told him not to be pressured into doing something he didn't want to do.
No-contest plea planned
Clay was scheduled to plead no contest to a charge of resisting arrest and failure to stop at a stop sign, court officials said.
When Clay was in court in May, he indicated on the court record he wanted to enter a plea, officials said.
Dinsio said that in exchange for the plea, Prosecutor Traci Timko-Rose was willing to recommend probation.
When Clay first arrived in court, it appeared he was going to follow Dinsio's advice, but then Olivito arrived and began arguing with Dinsio.
Judge Gysegem recessed the court hearing and instructed Clay to decide who was going to represent him.
The attorneys and Clay left the room to discuss the matter. Clay returned a few minutes later with Olivito at his side. Dinsio did not return to the courtroom.
Clay declined to say why he changed his mind.
He did, however, say to Olivito in the courtroom that he "remembers what the police did to him."
sinkovich@vindy.com