WARREN Judge delays jail for accuser of cops

The defendant's latest troubles began with a traffic stop.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- The 11th District Court of Appeals will decide next week if a city man, who contends police beat him, should be allowed to remain free until his appeal is heard.
In a two-page ruling issued Thursday, administrative Judge Donald Ford wrote that Clarence Clay was being granted a temporary postponement of his 30-day jail sentence while the court decides if he can remain free pending his appeal.
The temporary stay is in effect until Oct. 3.
Atty. Richard Olivito, Clay's attorney, says he will file a brief by Tuesday asking the court to allow Clay to remain free for the duration of the appeal.
Clay is appealing his jail sentence.
His sentence
Warren Municipal Judge Thomas Gysegem sentenced Clay on Monday to 30 days in the Trumbull County jail. The judge said at the time that if Clay passed a drug test and paid his court fines he would be released Oct. 7.
The judge also placed Clay on five years' probation, ordered him to pay court costs and told him to complete a drug-treatment program and to take random drug tests administered by the probation department.
Tracie Timko-Rose, an assistant city prosecutor, recommended that Clay receive no jail time, that he be placed on probation.
According to Judge Gysegem's written journal entry, Clay was found to be a dangerous repeat offender.
"This defendant has a history of persistent criminal activity whose character and condition reveal a substantial risk that he will commit another offense," the entry states.
The judge also noted that Clay was convicted in municipal court in 1998 of a drug charge. That charge was a felony reduced to a misdemeanor.
Clay also was convicted of a criminal trespassing charge in 1999.
TMHA trespassing
The judge wrote that Clay remains on the Trumbull Metropolitan Housing Authority's criminal trespassing list because of his prior cocaine activity. "The drug transaction at issue in 1998 involved crack cocaine and a 16-year-old. In both the 1998 and 1999 offenses, the defendant ran or attempted to run from police," the judge wrote, noting that a warrant had to be issued for Clay regarding the 1998 offense because he defaulted on payment schedules.
Olivito has argued that for the past three years Clay has lived a law-abiding life.
A jury found Clay guilty last week of the misdemeanor count of obstruction of official business 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 has filed a federal lawsuit contending 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 he left, Kistler and his partner, Ed Hetmanski, followed.
Kistler said Clay went through a stop sign and officers stopped the car.
Officers' side
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