On Wednesday, an Orleans District Court jury of six convicted Boston DJ Barry Scott of misdemeanor charges related to an alleged noise violation at a Provincetown backyard birthday party on July 14, 2007. Scott was injured in the course of the violent arrest. He was fined in an amount under $1000. Get the full story at Bay Windows, which sent a reporter to cover the trial http://www.baywindows.com/inde…
As the story makes clear, the “conduct” on which the idle and disorderly and disturbing the peace convictions were based consisted of words of criticism of the police decision to shut down a birthday party. The judge erred by not telling the jury that expression versus conduct is protected by the constitution. The 1988 Supreme Court opinion in Houston v. Hill–one of the great Justice Brennan’s last–is the controlling authority which will ensure reversal of the convictions.This phase of the proceedings did not address Scott’s civil rights law claims centered on the use of excessive force.
The Anti-Violence Project indicated that it has received no reports of serious police misconduct in Provincetown thus far in 2008; by contrast, the organization identified 8 different victims last year. A change of management at the Provincetown Police Department and the resumption of civil rights training for regular and summer officers is likely to have improved the public safety climate in Provincetown. The Anti-Violence Project called on the Provincetown Police Dept. to use restraint in remedying alleged noise violations in the future. “Violence is the wrong approach.”
That is the definition of justice. I don’t see the injustice here.
so you would never appeal a ruling against yourself that you felt was unjust? do you think that all decisions so far reversed on appeal should be tossed out, and the higher courts disbanded?
Scott was arrested on July 14 while he was deejaying at a private birthday party at 4 Holway Ave., the home of Ed Foley. Foley appeared as a witness for the prosecution Wednesday and recanted statements he made a year ago to the Banner and other newspapers that Scott was injured by police while trying to comply with their orders to shut down the outdoor party.
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p>”He was not beat up,” Foley said on the witness stand Wednesday, adding that he “felt pressured” by Scott to write an email to Town Manager Sharon Lynn shortly after the party last year saying that Scott had been falsely arrested and assaulted by police.”
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p>very telling indeed.
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p>Please don’t waste any more of the court’s time.
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p>Just stick to “Billy Don’t Be A Hero” and ” The Night Chicago Died” (Bo Donaldson and the Heywoods and Paper Lace).
do you, as apparently eabo does, believe there is no place in the universe for the higher courts?
I called the Provincetown police to get the facts. I find it very telling that they did not disclose that there were four officers, they gave the names of only two, and left out the names of the summertime officers that were the actual aggressors.
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p>People who don’t have anything to hide don’t try to hide things. I find it suspect that Foley did a complete 180 on the matter, so now I don’t trust anything he has said.
And if a higher court overturns his conviction, all the better. All I know is that there are a couple crusaders on this site who have maintained his innocence from minute one, and a jury of disinterested peers convicted him. Until that conviction is overturned, it seems all we have to go on is the word of Barry Scott and his defenders.
Barry Scott was convicted of a speech crime.
aren’t you. hate “speech”, “fairness doctrine” and all. I don’t see why you should have a problem with this. Or is it that your speech is ok and others speech often isn’t?
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p>You tried to peddle this story last summer. I as many other here got the impression that Scott was acting like an asshole to the cops. I don’t know where he comes from but I was taught to respect the cops. It often helps, especially since my “warning” to ticket ratio since 1994 is something on the order of 12-1. Barry Scott was asked to keep the noise down, he was an asshole to the cops. They got pissed and arrested him. He was found guilty of being an asshole, lets all just move on shall we?
being an obnoxious pain in the ass.
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p>IMO
The police need to tell people they are under arrest, not just tackle them. My understanding is that did not occur, hence my problem with how this was handled. If Barry refused to co-operate after being told he was under arrest that would be a far different story.