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Anthony-Cross found not guilty of harassment, resisting arrest
Resident one of three suing city, HPD
By Andrew Amelinckx
HUDSON — One of three Hudson residents whose case has wended its way through the court system for more than three years was found not guilty in a bench trial in Hudson City Court Wednesday.
Shirley Anthony-Cross, 19, was found not guilty of harassment and resisting arrest by Judge William Cranna for her alleged role in an incident at Bliss Towers in Hudson in 2005.
“We’re very happy with the decision,” said David Seth Michaels, the attorney representing Anthony-Cross.
On the evening of Aug. 14, 2005 the Hudson Police Department responded to the affordable housing complex for a report of a fight between two young women, possibly involving a knife.
During the incident Lindsay Clanton, 40, and Mary Anthony, 57, were charged with resisting arrest. Clanton was additionally charged with disorderly conduct-violent behavior and disorderly conduct-refusing to move on.
According to the three HPD members — Officer (now Sgt.) Randy Clarke, Officer Rodney Waithe and Sgt. Thomas Foutch — who responded to the scene that night, there was a large group of people hanging out at 41 North Second St. when they arrived. A barbecue was going on in the common area of the low-rise next to Bliss Towers.
Waithe said he believed there were at least 60 people there at the time and swelled to more than 100 as events unfolded.
According to Clarke’s police report, when he arrived several women were holding Clanton back, who was trying to break free. Clarke stated that Clanton was yelling obscenities at Justin LaValle, the security guard for Bliss Towers who had made the original call about the fight. Clanton allegedly resisted arrest and was subdued by police. Anthony-Cross was charged two days later for allegedly hitting Foutch in the back of the head several times during the incident.
A series of adjournments slowed the case down, dragging it over the course of several years.
Clanton and Anthony had a jury trial in Hudson City Court last November.
Anthony, represented by attorney John Kingsley, was found not guilty of resisting arrest. Clanton, represented by attorney Michael Howard, was found guilty of resisting arrest, but not the two underlying charges of disorderly conduct-violent behavior and disorderly conduct-refusing to move on.
Wednesday, Clanton was sentenced to a year in jail for his conviction.
During the incident Anthony-Cross was pepper-sprayed, Clanton was tased three times and — according to police — Anthony was inadvertently shocked when she came in contact with Clanton.
An $8 million lawsuit was filled in 2006 by the three defendants against the city of Hudson and the Hudson Police Department for “excessive force” for the use of the Taser and pepper spray in restraining the defendants.
According to Michaels, the civil trial is scheduled for September.
To reach reporter Andrew Amelinckx please call 518-828-1616, ext. 2267, or e-mail aamelinckx@registerstar.com.
By Andrew Amelinckx
HUDSON — One of three Hudson residents whose case has wended its way through the court system for more than three years was found not guilty in a bench trial in Hudson City Court Wednesday.
Shirley Anthony-Cross, 19, was found not guilty of harassment and resisting arrest by Judge William Cranna for her alleged role in an incident at Bliss Towers in Hudson in 2005.
“We’re very happy with the decision,” said David Seth Michaels, the attorney representing Anthony-Cross.
On the evening of Aug. 14, 2005 the Hudson Police Department responded to the affordable housing complex for a report of a fight between two young women, possibly involving a knife.
During the incident Lindsay Clanton, 40, and Mary Anthony, 57, were charged with resisting arrest. Clanton was additionally charged with disorderly conduct-violent behavior and disorderly conduct-refusing to move on.
According to the three HPD members — Officer (now Sgt.) Randy Clarke, Officer Rodney Waithe and Sgt. Thomas Foutch — who responded to the scene that night, there was a large group of people hanging out at 41 North Second St. when they arrived. A barbecue was going on in the common area of the low-rise next to Bliss Towers.
Waithe said he believed there were at least 60 people there at the time and swelled to more than 100 as events unfolded.
According to Clarke’s police report, when he arrived several women were holding Clanton back, who was trying to break free. Clarke stated that Clanton was yelling obscenities at Justin LaValle, the security guard for Bliss Towers who had made the original call about the fight. Clanton allegedly resisted arrest and was subdued by police. Anthony-Cross was charged two days later for allegedly hitting Foutch in the back of the head several times during the incident.
A series of adjournments slowed the case down, dragging it over the course of several years.
Clanton and Anthony had a jury trial in Hudson City Court last November.
Anthony, represented by attorney John Kingsley, was found not guilty of resisting arrest. Clanton, represented by attorney Michael Howard, was found guilty of resisting arrest, but not the two underlying charges of disorderly conduct-violent behavior and disorderly conduct-refusing to move on.
Wednesday, Clanton was sentenced to a year in jail for his conviction.
During the incident Anthony-Cross was pepper-sprayed, Clanton was tased three times and — according to police — Anthony was inadvertently shocked when she came in contact with Clanton.
An $8 million lawsuit was filled in 2006 by the three defendants against the city of Hudson and the Hudson Police Department for “excessive force” for the use of the Taser and pepper spray in restraining the defendants.
According to Michaels, the civil trial is scheduled for September.
To reach reporter Andrew Amelinckx please call 518-828-1616, ext. 2267, or e-mail aamelinckx@registerstar.com.
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