One of the two people arrested in what police say was the racially-motivated beating of a Black hotel clerk in Mystic in 2020 is seeking a path to a clean criminal record.

Emily Orbay, 31, of Brooklyn, N.Y. has applied for a court diversionary program called accelerated rehabilitation that would allow for dismissal of charges of third-degree assault and intimidation based on bigotry or bias.

Orbay and her former boyfriend, 43-year-old Philip Sarner, 43, are both charged with attacking and seriously injuring Crystal Caldwell, a hotel clerk at the Quality Inn in Mystic, on June 26, 2020. Caldwell was 59 years old at the time. The attack was captured on video and Caldwell said the pair called her an “old monkey,” and told her ”your life doesn’t matter,“ a reference to the Black Lives Matter movement.

Orbay was supposed to appear before Judge John Newson for a hearing in New London Superior Court at 2:30 p.m. on Friday. Orbay arrived at the courthouse at 4:20 p.m., well after the day’s docket was completed.

Orbay’s attorney, Andrew Cates, said Orbay had a flat tire on the way to the court. Newson rescheduled the case for Monday at 10 a.m. and warned Cates that he planned to issue an arrest warrant for a failure to appear if Orbay was not in the courtroom at 10 a.m.

It was another frustrating delay for Caldwell, who said “I thought by now this would be behind me.” Caldwell was in court with her attorney and a group of family and friends prepared to object to Orbay’s application for accelerated rehabilitation.

“How can we move on,” Caldwell said. “Why do we have to suffer through all of this. To see (Orbay) again, it all comes back to me.”

Caldwell’s attorney, M. John Strafaci, said of Orbay, “this is not someone who has ever shown an ounce of remorse.”

Part of the delay in the case, in addition to the COVID-19 epidemic, is associated with a federal lawsuit filed by Orbay and Sarner against Caldwell, claiming the racism aspect of the allegations was a hoax. That lawsuit has been dismissed.

The criminal case has remained on the trial list and both Sarner and Orbay obtained new lawyers after the Pattis Law Firm bowed out of the case.

Orbay declined comment in court on Friday but Cates, her attorney, shared a letter she composed for the court.

In the letter, Orbay expresses remorse and describes herself as a Hispanic woman being portrayed in the media as a “racist white woman,” and who has now lost contact with friends and family as a result.

“I am a single mother of 3 trying to rebuild my life and correct my mistakes so I can leave the negativity in the past and live life with a second chance, should your honor grant it,” Orbay wrote.

On Friday, Newson said he planned to view the surveillance footage of the attack prior to making a decision on Orbay’s application. The footage released to the public shows Sarner punching Caldwell, grabbing her and throwing her to the floor where he proceeds to kick her in the head and punch her. Orbay, in the video, participates in the attack, grappling with Caldwell and aiding Sarner in throwing her to the ground.

In her interview with police, Caldwell said the couple had called the front desk to complain about a lack of hot water. After letting Sarner know someone would come up to look at the water or allow them to move to a new room, Caldwell said Sarner threatened Caldwell.

Sarner, who has failed to show up at his most recent scheduled court appearance in New London, was arrested in Albany, N.Y. in May in connection with a domestic disturbance. He remains in prison in New York and his case in New London remains on the trial list.

g.smith@theday.com