TRUMBULL COUNTY Judge to sentence Clay in Jan.

The defense attorney hopes his client will receive probation.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- It will be a few more months before a man convicted more than a year ago of two misdemeanor crimes will be sentenced.
Judge Thomas Gysegem says he doesn't plan to sentence Clarence Clay until January.
"The year's almost over, so I will schedule it for next year," Judge Gysegem said.
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.
Investigation
The judge asked for a full investigation and Doug Franklin, the city's safety-service director, found that a lack of communication led to the mishap.
"I have no problem with waiting until the first of the year," said Clay's attorney, Marty Yavorcik. "I'm glad Clay will be able to be home for the holiday season."
Yavorcik added that he hopes that judge will decide to sentence Clay to probation.
"I think what he's been through is punishment enough," Yavorcik said.
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.
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