Friday, August 29, 2003
A hearing date on the motion has not been set.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
YOUNGSTOWN -- A federal judge is being asked to temporarily stay the prosecution of a city man because his attorney says the charges stem from a false arrest and an improper strip search.
The motion was filed by Atty. Richard Olivito on behalf of Clarence Clay Monday in U.S. District Court. A hearing date has not been set.
Clay is set to go to trial next month in Trumbull Common Pleas Judge Thomas Gysegem's court in Warren. He is facing charges of obstruction of justice, resisting arrest and failure to stop for a stop sign. If convicted he could face up to six months in jail.
Clay was scheduled to plead guilty to the charges last week but at the last minute he changed his mind and asked for a jury trial.
Judge Gysegem could not be reached to comment.
"This is a difficult motion to get granted, but I think it is something we had to file," Olivito said.
Civil suit
Clay has a civil lawsuit pending in federal court in which he is seeking unspecified damages. The civil suit was filed earlier this month.
Clay, of Brier Street N.E., states in the civil suit that he was beaten and illegally strip-searched by officers after a traffic stop March 26.
"He was stopped on a misdemeanor traffic stop and then they do a strip-search for drugs," Olivito says. "This is something that should not be happening. It's a violation of his civil rights."
There have been five lawsuits filed in federal court in the past month alleging city police violated the constitutional rights of people they arrested. Out of those lawsuits, three men contend they were illegally strip-searched.
City officials have declined to comment.
sinkovich@vindy.com