WARREN Dismissal of charges requested for defendant alleging police abuse

The judge will hear arguments on the motion the day of the defendant's trial.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A man contending he was roughed up during his arrest is asking the court to dismiss his charges.
Atty. Richard Olivito filed a motion Friday asking that the charges against his client, Clarence Clay, be dismissed.
The motion was filed minutes before Clay's final pretrial hearing was to begin. The motion will be heard before Clay's trial, which is scheduled for Sept. 15.
Clay is facing a charge each of resisting arrest and failure to stop at a stop sign.
Prosecutor Tracie Timko-Rose declined to comment on the motion, which says the charges should be dismissed because Clay was placed into a counseling program before entering a plea in the case.
"The defendant was placed, perhaps not in name, but in function and pragmatic resolution, in a pretrial drug-diversion program, where he was certain he would be arrested" and jailed if he failed to comply with its requirements, the motion states. The motion further notes that Clay was not facing drug-related charges.
Olivito questions in the motion why Clay was ordered to comply with a substance-abuse program for charges of resisting arrest and a stop-sign violation.
"In fact, to the defendant's credit, he completed an expensive, demanding, day-by-day drug and substance program, under constant monitor and random drug testing, all at the court's express verbatim bold printed threat of arrest," the motion states. "The defendant always has maintained his innocence and has done what no one expected him to do; he completed the drug program successfully."
Strip-search lawsuit
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.
"Does the state truly want a jury trial to explain the reason why they stripped this individual after they beat him first?" the motion states. "Does this court want this defendant to have to explain his six random drug tests [and counting] taken since he entered a plea of innocence on unrelated charges?"
sinkovich@vindy.com