MUNICIPAL COURT Chief looks for source of rumor

The chief hopes to have the investigation completed by week's end.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- How and why wrong information was given to a municipal court judge is being investigated by the city police chief and the mayor.
Police Chief John Mandopoulos says he is getting statements from all officers involved and hopes to have his investigation completed by the end of the week.
Mayor Michael O'Brien says he has assigned Doug Franklin, safety-service director, to do his own investigation and report to him. "I'm very, very concerned about this and I take this matter very seriously," he said.
The mayor says he will discuss the information from his investigation with the chief.
"I want to get to the bottom of it right away and I want to make sure it never, ever happens again," Mandopoulos 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."
Indictment rumor
The judge had sentenced Clay to 90 days in jail 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 the chief Friday afternoon to investigate the matter.
"I was out on a call on Palmyra Friday afternoon when Lt. Janice Gilmore told me she had to get back to the court because there was a secret indictment on Clarence Clay," the chief said. "I don't know where this rumor came from but I intend to find out."
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 normally serves all secret indictments.
Judge Gysegem said that after he receives the information from the chief he will proceed with Clay's sentencing.
"I am not going to do anything until I find out exactly what took place," the judge said Monday.
Conviction
Clay was convicted in September 2003 on misdemeanor charges of obstruction of justice and failing to stop at a stop sign.
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 a 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 last month.
sinkovich@vindy.com