WARREN Judge sentences man who alleges brutality



An appeal was filed with the 11th District Court of Appeals.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A man who contends police beat him was sentenced to 30 days in the county jail.
Referring to Clarence Clay as a "dangerous and repeat offender," Judge Thomas Gysegem of Warren Municipal Court refused to take the city prosecutor's recommendation to place Clay on probation.
"No genuine remorse was shown," the judge said during Monday's sentencing hearing.
Gysegem also ordered that a drug test be given as soon as Clay is taken to the county jail.
"If the drug test comes out negative and all the court costs are paid, then I will let him out of jail Oct. 7," the judge said. Seconds after the judge sentenced Clay to jail, Clay's wife became very upset and began yelling in the courtroom.
"How can you do this to him?" JoAnn Clay said as she was escorted out of the courtroom.
In the hallway, she began crying and told officers not to touch her.
"I don't want anyone in blue touching me. I don't trust you," she said.
Defends husband
She began voicing her opinion of the police to a reporter when an officer told her that if she was going to make negative comments about the department she had to leave.
"There are drug dealers on the streets and they are locking my husband up," she said. "I've been married to him for 20 years and he is not violent. He retired from WCI; we raised three kids together. He is a good man."
Last week a jury found Clay guilty of a misdemeanor count of obstruction of justice and failing to stop at a stop sign. The same jury acquitted him of charges of resisting arrest and failing to comply with a police officer's order.
Clay was convicted of a misdemeanor drug charge in 1998 and a trespassing charge in 1999, the judge said.
An appeal of the sentence was filed in the 11th District Court of Appeals Monday by Clay's attorney, Richard Olivito. It is not known when the court will hear the appeal.
Suing police
Clay has filed a federal lawsuit alleging police officers beat him and illegally strip-searched him when they arrested him March 26. Police have denied the allegations.
Patrol Officer Joseph Kistler testified during last week's trial that officers witnessed Clay stop at a house on Homewood Avenue known to be a place where illegal drugs are sold. Kistler said Clay was at the house for about three minutes. When Clay left the house, Kistler and his partner, Ed Hetmanski, followed.
Kistler said Clay went through a stop sign and officers stopped the car. It was Clay, not the officers, who became combative, Kistler said. He added that crumbs of what he believed to be crack cocaine were visible on Clay's lips. Clay was not arrested on drug charges.
Clay testified that he went to the house to fix a television. He said he was at the house for 30 minutes before he decided to take the TV home for more repairs.
sinkovich@vindy.com