MUNICIPAL COURT Judge frees defendant after learning of 'lie'

He told the police chief to investigate the matter.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A lie from law enforcement officials caused a defendant to be wrongfully sentenced, a municipal court judge said.
On Friday, Judge Thomas Gysegem of municipal court apologized and freed Clarence Clay from the Trumbull County jail about 40 minutes after referring to him as a "dangerous and repeat offender."
"Prior to sentencing, the court was given information from the Warren City Police Department that Mr. Clay was secretly indicted by the Trumbull County grand jury on a felony drug trafficking case," Judge Gysegem stated. "In reliance upon that information, the court imposed a maximum sentence on Clay."
Clay was convicted in September 2003 for obstruction of justice and failing to stop at a stop sign.
Judge Gysegem sentenced him to 90 days in jail and said he would review the matter in 15 days.
Moments after Clay was sentenced, however, Patrol Officer Michael Stabile learned that Clay had not been secretly indicted. Stabile then relayed the information to the judge.
Letter to chief
"Courts must be in a position to accept information that they receive from police departments as factual and true," the judge stated in a letter sent Friday afternoon to Police Chief John Mandopoulos. "Whether this lie originated in the police department, or within the county sheriff's department, which handles the serving of secret indictments, remains to be seen."
The judge asked the chief to investigate the matter and report back to him.
The chief and Doug Franklin, safety-service director, could not be reached.
As soon as the judge was informed of the information, he instructed officers to return Clay to the court. The judge stayed the sentence and said he will not sentence Clay until the investigation is completed.
"Mistakes are made, and we don't blame the court," said Clay's attorney Marty Yavorcik.
Clay, who was stunned when told that he had been secretly indicted, was crying when he was brought back to court and told of the mistake.
"Are you sure," Clay asked Yavorcik. "Don't call my wife until we know for sure. I don't want to put her through this again. This has been going on for so long."
Sued city
Clay, who successfully sued the city police department and received a $46,000 settlement in July for a strip-search, was convicted of the charges last year.
Clay 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 last month.
Clay said police officers beat him and illegally strip-searched him when they arrested him March 26, 2003, on charges of obstruction of justice, failing to stop at a stop sign, resisting arrest and failing to comply with a police order or signal. Police have denied the allegations.
A civil lawsuit was filed in U.S. District Court in Youngstown, and a settlement was reached in July.
The case went to trial in September 2003 in municipal court. Clay was acquitted of charges of resisting arrest and failing to comply with a police officer's order, but he was convicted of obstruction of justice and failure to stop at a stop sign.
sinkovich@vindy.com