MUNICIPAL COURT City finds no intent by police to deceive judge about Clay

The judge said he does not know when Clay will be sentenced.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- There was no intent by police officers to intentionally deceive a municipal court judge in a case involving Clarence Clay, the city's safety-service director says.
In a written three-page ruling, Doug Franklin, the city's safety-service director, said he did not find an intentional wrongdoing when a a police officer told Judge Thomas Gysegem that Clay had been secretly indicted. Clay was not indicted.
"This thorough investigation brought me to the conclusion that the problem was a lack of communication of complete information that led to a false assumption that, unfortunately, ended up before the court," Franklin said.
Apologized to Clay
Last month, Judge Gysegem apologized and freed Clay from the Trumbull County jail about 40 minutes after referring to him as a "dangerous and repeat offender."
The judge had sentenced Clay to 90 days in jail on misdemeanor charges of obstruction of justice and failure to stop at a stop sign after being told by a high-ranking police officer that the defendant had been secretly indicted.
A few minutes after the sentencing, the judge learned Clay had not been indicted.
The judge asked for a full investigation.
"I think the director did a very good and thorough job, and I accept it," Judge Gysegem said. He declined to say, however, if he agreed with the results of Franklin's investigation.
The judge also said he did not know when Clay would be sentenced.
Should remain secret
Secret indictments are supposed to remain secret until the person indicted is served with a copy of the paperwork. The Trumbull County Sheriff's Department usually serves all secret indictments.
Franklin's investigation stated that on Sept. 3, the date Clay was to be sentenced, the court requested additional officers be sent to the courtroom.
Clay and another man were to be sentenced that day. The other defendant was to be served with a secret indictment.
While the information was being given to one officer, other officers overheard and thought both defendants were being secretly indicted.
Wrong information
Lt. Joseph Marhulik told Franklin that he advised the judge that both Clay and the other defendant were being secretly indicted. Marhulik said he thought that was the information he heard from other officers, Franklin's report states.
Clay was convicted in September 2003 on the misdemeanor charges.
Clay said police officers beat him and illegally strip-searched him when they arrested him March 26, 2003. Police have denied the allegations.
Sued the police
He successfully sued the city police department in U.S. District Court in Youngstown and received a $46,000 settlement in July for the illegal strip-search.
He filed an appeal of his conviction with the 11th District Court of Appeals. He did not have to serve the jail time while the appeal was pending.
The appellate court, however, affirmed the municipal court's decision in August.
sinkovich@vindy.com