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December 29, 2009

Barber's arrest causes controversy

The arrest of a 73-year-old West Baltimore community leader and barber for many of Baltimore's elite is raising questions on both sides of the debate. We first reported Monday afternoon that Lenny Clay's arm had been broken during an arrest, and tracked down charging documents and an accident report.  Clay's advocates and police critics claim excessive force, saying there's no justification for a 73-year-old man's arm being broken during an arrest. Others say that if the police account is true, Clay broke the law, leaving the scene of an accident, driving drunk and without a license, and resisting arrest - in otherwords, people who do those things can expect a negative result.

The situation is more of an issue of use of force, because Clay, who for decades has been a community leader and advocate for kids, outright denies virtually every claim in the police reports - from accusations that he was drunk to the notion that his car was involved in an accident. With the intention of showing readers the kind of things we consider when reporting a he-said, she-said story like this, here are some unanswered questions we've explored:


-Well, was Clay driving drunk? He says he had a drink with dinner at Duffy's restaurant; police say they smelled a strong odor of alcohol and he was uncooperative and sluggish. We'll never know: police said that after they realized his arm was broken, their priority became treating his injury and not taking a blood test. Their two hour window to test his blood came and went. Critics will point to that as police ignoring a test that would vindicate Clay, but police supporters would say they missed a crucial chance to back themselves up.

-No one is disputing that Clay's arm was broken during the arrest. For some, that's evidence enough that police were wrong, and they want to know why such force was needed for an elderly man, who as noted above was said to be clearly drunk and whose alleged crime was grazing a parked car. "What if it was your grandparent?" critics have asked.

-Why was Clay driving, and more specifically, why was he driving in that area? Police say they ran his information through the MVA, and determined that he did not have a license to drive - Del. Melvin Stukes told me that he drives Clay home most days from his barber shop, saying that Clay can't drive. He clarified today that the reason Clay can't drive is because of issues with his car. Clay, meanwhile, claims that he did not hit the parked car at all, though the vehicle's owner, Quanisha Lewis, told me that her front right bumper is scraped. Clay said that a friend took pictures of his wife's 1999 Camry, the car he was driving, that show that there is no damage to his vehicle. Those photos were unavailable for The Sun to inspect and are obviously important to determining whether an accident occurred.

Also, according to police, Clay was driving south on Palormo Road at the time of the accident. That one-way road is part of a horseshoe that funnels drivers back on to Old Frederick Road. If he was leaving Duffy's, a restaurant that is well know to him, how did he end up on side streets across the way from the restaurant? Clay told me today that time elapsed between when he left the restaurant and when he returned to the area; he said he was driving to a friend's house and got lost, turning on to Seigwart Lane to head the other way on Old Frederick Road.

-If Clay fought with officers and even drove at a lieutenant who stepped in front of Clay's car in an effort to pull him over, why aren't those offenses reflected in the charges? Wouldn't that be resisting arrest, fleeing and eluding, or even attempted murder, some wonder? Police don't typically forgive suspects who drive vehicles at them. Like the blood alcohol test, though, police supporters would argue that if appropriate charges were not filed, its more sloppiness than a conspiracy.

Posted by Justin Fenton at 4:48 PM | | Comments (3)
Categories: Neighborhoods, West Baltimore
        

Comments

I guess it's ok to break the law and drive without a license. Who originaly called the police? why was he pulled over? Why didn't he cooperate with the police? If I was 70+ years old I would cooperate with the police. I cooperate now. It sounds like the police are cutting him a break and it's not good enough. What a poor victim he must be. Why it's a shame his arm got broken, I'm sure there were things Clay could have done to help instead of escalate the situation.

Well does the man have a valid driver's license or not? If not, he shouldn't have been driving, and he broke the law.

Only in Baltimore would any of this be an issue.

I have knoen Mr James Clay for many years.I think the reason for desennating his arest is to bolster his case for a suit, 73 year ols men dont fight with police,he even bragged about the large check he will recieve because of this.

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About Peter Hermann
Peter Hermann started covering news for The Baltimore Sun in 1990, first in Anne Arundel County and, starting in 1994, reporting on the Baltimore Police Department. In 2001, he was assigned to Jerusalem as the Baltimore Sun's Middle East correspondent. He returned in 2005 as an assistant city editor overseeing crime coverage. In 2008, Peter returned to the beat as a daily reporter and blogger. A recent BBC report featured him in a segment on the harsh realities of covering crime in Baltimore.

Coverage will focus on crime trends, problems in neighborhoods in the city and elsewhere, profiles of victims and police officers and try to offer readers a fresh perspective on one of the most vexing issues facing Baltimore and its future.



Contributing to this blog is Justin Fenton, who joined The Sun in 2005 and has covered the Baltimore City Police Department and the criminal justice system since 2008. His work includes an investigation into Cal Ripken Jr.’s minor league baseball stadium deal with his hometown of Aberdeen, a three-part series chronicling a ruthless con woman, coverage of the killing of five Amish children at a schoolhouse in Nickel Mines, Pa., and a job swap with a British crime reporter to explore differences in crime-fighting. A special report looking into how city police handle rape cases led to sweeping reforms that changed the way sexual assaults are investigated in Baltimore. He was recognized as the best reporter in Baltimore by the City Paper in 2010 and by Baltimore Magazine in 2011.
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