DJ found guilty in Ptown incident

[spilot113]

[I don't think this is a secret...so I think it's OK to post. Barry has even had his own web site up to tell the story and raise funds.]

DJ found guilty in Ptown incident

PROVINCETOWN - It took a jury in Orleans District Court less than a half hour to find Boston radio DJ Barry Scott guilty of resisting arrest and disturbing the peace. The charges stem from a an incident just over a year ago.

More at:

http://www.capecodtoday.com/blogs/index.php/2008/07/23/stormy-weather-ptown-jewelry-theft-dj-gu?blog=80

 

[ScottBurns2]

This is a strange part of the story:

http://www.wickedlocal.com/provincetown/news/x1542099309/DJ-found-guilty-on-all-counts

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.

“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.

Why would he recant?

 

[wavelength9]

I have been a friend of Barry's since freshman year at Emerson back in 1991. As someone who has lived on the same street as he in the South End for 13 years, worked out at the same gym and worked with many of the same people, I can say without question that Barry who stands at about 5'5" and weighs about 125 pounds is not capable of doing harm to anyone. and anyone who knows him knows him as a very even and mild person.

 

[TSBench]

This is a strange part of the story:

http://www.wickedlocal.com/provincetown/news/x1542099309/DJ-found-guilty-on-all-counts

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.

“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.

Why would he recant?

Perhaps the perjury statutes.

Regards,
TSB

 

[ZRXOA 5248]

I think the cops over reacted. I hope Barry appeals the verdict.

Why does someone recant... let's see they live in P'Town and have to walk the streets and don't want to be having problems with Officer Glazed Cruller and friends.

 

[spilot113]

I have been a friend of Barry's since freshman year at Emerson back in 1991. I can say without question that Barry who stands at about 5'5" and weighs about 125 pounds is not capable of doing harm to anyone. and anyone who knows him knows him as a very even and mild person.

While I'm sure he is not a violent person, he is known to be a bit litigious and a bit mouthy at times.

I'm sure Barry is a nice man...but he appears to also have "short man syndrome" where he overreacts when he feels he is being pushed around.

I think the cops over reacted. I hope Barry appeals the verdict.

Probably, but it could mean that they felt provoked? (The court seems to agree with this.)

Cops are prone to overreaction....but it's smart not to give them grief on their 3rd return visit to a party requesting the music volume to be lowered.

I don't know if Barry reads this board....seems every other radio person in town does. Maybe he can shed some light.

 

[lost45]

I don't normally post on this board, because everyone seems so negative at times.

This case should offend any professional DJ who might be beaten and arrested for something the police think they say on a microphone, whether that person said it or not. As a professional, I would never say 'we hate the police' on a mic...on-air or in a private backyard party such as this. In America, you should be allowed to say it...but I did not. They beat me and arrested me because of this fact.

I am proud that I stood up to this crooked police force; caused a police chief to lose his job and went to court to battle the 'blue shield' of police lies.
There are many grounds to appeal, so while the appeal is filed--I am not convicted of anything...even the misdeameanor charges that meant about $600 in fines (while I shelled out over $40,000 in legal bills thus far to hold these lying policemen and women responsible for what they did to me and my partner that night).

Details and newspaper articles are at a friend's web site: http://mysite.verizon.net/freebarryscott/provincetown.html

Ed Foley, the homeowner, recanted his story after making statements in many press outlets and via e-mail. He received two 2 bedroom condos in return and love from the police...Although his comments that I was beaten and did not resist arrest were everywhere, this cape cod Judge did NOT allow us to mention them to the jury.

He also allowed testimony from 2 EMTs which miraculously appeared the Friday before trial (after one year and 14 court appearances in Orleans where we requested all of this information). There is a corrupt District Attorney on the cape and islands...his name is Michael O'Keefe. This judge was in his pocket from the start...our 9th judge and the meanest one of all, who showed his colors during my attorney's opening statement.

I am not afraid of the truth. I am afraid of the police getting away with this and it happening to others. This is what drives me. It was wrong. The decent and honorable thing to do is to fight on, and I will.

I am also starting a fund for future police brutality victims, so they will have money for legal expenses right from the start.

As for the snarky comments on this board about me being 'litigous'--if my protecting the term "The Lost 45s"--a trademark since 1985 is considered litigous, so be it it. I have not filed suit or been in a courtroom until this incident.

People who know me, know that I am not capable of resisting arrest and certainly I am not a 'loud mouth' --lol.

Just let me play ABBA and try not to be jealous.

I will fight on.

Barry Scott

 

[ZRXOA 5248]

In the dictionary under the word Litigious , there is a picture of Tom Sholz

If you own a copyright, you must defend it vigorously or it falls into public domain. Same with 'brand names" and trademarks. You can't blame a guy for protecting his bread and butter.

Barry I wish you well on the appeal, just the fact the EMT's were not disclosed during discovery is grounds for appeal.

 

[Bongwater]

I don't normally post on this board, because everyone seems so negative at times.

This case should offend any professional DJ who might be beaten and arrested for something the police think they say on a microphone, whether that person said it or not. As a professional, I would never say 'we hate the police' on a mic...on-air or in a private backyard party such as this. In America, you should be allowed to say it...but I did not. They beat me and arrested me because of this fact.

I am proud that I stood up to this crooked police force; caused a police chief to lose his job and went to court to battle the 'blue shield' of police lies.
There are many grounds to appeal, so while the appeal is filed--I am not convicted of anything...even the misdeameanor charges that meant about $600 in fines (while I shelled out over $40,000 in legal bills thus far to hold these lying policemen and women responsible for what they did to me and my partner that night).

Details and newspaper articles are at a friend's web site: http://mysite.verizon.net/freebarryscott/provincetown.html

Ed Foley, the homeowner, recanted his story after making statements in many press outlets and via e-mail. He received two 2 bedroom condos in return and love from the police...Although his comments that I was beaten and did not resist arrest were everywhere, this cape cod Judge did NOT allow us to mention them to the jury.

He also allowed testimony from 2 EMTs which miraculously appeared the Friday before trial (after one year and 14 court appearances in Orleans where we requested all of this information). There is a corrupt District Attorney on the cape and islands...his name is Michael O'Keefe. This judge was in his pocket from the start...our 9th judge and the meanest one of all, who showed his colors during my attorney's opening statement.

I am not afraid of the truth. I am afraid of the police getting away with this and it happening to others. This is what drives me. It was wrong. The decent and honorable thing to do is to fight on, and I will.

I am also starting a fund for future police brutality victims, so they will have money for legal expenses right from the start.

As for the snarky comments on this board about me being 'litigous'--if my protecting the term "The Lost 45s"--a trademark since 1985 is considered litigous, so be it it. I have not filed suit or been in a courtroom until this incident.

People who know me, know that I am not capable of resisting arrest and certainly I am not a 'loud mouth' --lol.

Just let me play ABBA and try not to be jealous.

I will fight on.

Barry Scott

Fight the power Barry!

Cheers from the Puget Sound!

 

[BearFur]

Gee, what a shock for a cop to abuse his power and try to cause trouble in P-Town....homophobic much?

 

[ScottBurns2]

Gee, what a shock for a cop to abuse his power and try to cause trouble in P-Town....homophobic much?

I would guesss that if I were to choose one police force in the state that isn't homophobic, it's probably P-Town. I would imagine that anyone who takes a job in P-Town has to be aware of the sensitivities necessary. Wouldn't you think that if any police force has trained their officers in LGBT subjects, it would be P-Town. So it's hard for me to accept that it's all fueled by homophobia. I think that word is thrown around a little too much....

I don't normally post on this board, because everyone seems so negative at times.

Who can blame you? ;-)

This case should offend any professional DJ who might be beaten and arrested for something the police think they say on a microphone, whether that person said it or not.

Let's look at this clearly.

I think you were arrested because the police thought (possibly incorrectly) you were hindering their efforts after responding to the address for the 3rd time.

I don't think you were "beaten....for something the police think they say on a microphone". I don't think the police ever said that that is how you sustained your injuries.

Whatever injuries you incurred seemed to be because of a scuffle when you were arrested. Had you simply responded to the officers you probably would have been led out unharmed and then let go.

I am proud that I stood up to this crooked police force; caused a police chief to lose his job and went to court to battle the 'blue shield' of police lies.

There is a corrupt District Attorney on the cape and islands...his name is Michael O'Keefe.

This judge was in his pocket from the start...our 9th judge and the meanest one of all, who showed his colors during my attorney's opening statement.

These are serious charges you are making...

Do you have any evidence that the DA is "corrupt"?

Do you have any evidence that the judge is "in the DA's pocket"? (ALthough it's no secret that all things equal the judges do favor the word of the prosecutor, DA and cop over a citizen.)

We have seen no evidence that the police are "crooked".

We have seen no evidence that the police chief lost his job because of you.

Do police lie? Absolutely. (I don't think you'll find many that would say otherwise.)

Do police overreact sometimes? Absolutely. (I don't think you'll find many that would say otherwise.)

Was this a poorly trained "seasonal" police force? Probably.

I am not afraid of the truth. I am afraid of the police getting away with this and it happening to others. This is what drives me. It was wrong. The decent and honorable thing to do is to fight on, and I will.

I don't hear you taking any responsibility for anything that happened that night.

Mom always taught me there are two sides to every story.

Your story is the police beat and arrested you for nothing....which would probably be hard for a jury to accept.

Ed Foley, the homeowner, recanted his story after making statements in many press outlets and via e-mail. He received two 2 bedroom condos in return and love from the police...Although his comments that I was beaten and did not resist arrest were everywhere, this cape cod Judge did NOT allow us to mention them to the jury.

Another serious charge....do you have any evidence that the homeowner "received two 2 bedroom condos in return...from the police"?

People who know me, know that I am not capable of resisting arrest...

Hey, if Randi Goldklank is capable of resisting arrest than anyone is! LOL

I would normally think of this as a personal matter and not up for public discussion, however, it appears that you have chosen to make this a public cause. That's why I am commenting.

This seems messy...and a distraction that no one would want to be involved with.

I have enjoyed your work over the years...and I wish you well.

 

[BearFur]

Gee, what a shock for a cop to abuse his power and try to cause trouble in P-Town....homophobic much?

I would guesss that if I were to choose one police force in the state that isn't homophobic, it's probably P-Town. I would imagine that anyone who takes a job in P-Town has to be aware of the sensitivities necessary. Wouldn't you think that if any police force has trained their officers in LGBT subjects, it would be P-Town. So it's hard for me to accept that it's all fueled by homophobia. I think that word is thrown around a little too much....

Yes, I would think and hope that the Provincetown police force would be trained in all the necessary areas of sensitivity and everything. You can tell a person "This is how you should behave". Doesn't mean they are going to.

And please, a cop on a power trip...and let's be honest...there's "a few" out there who is homophobic and wants to show "how much of a man he is" what better place for him to work than in a place where he can throw his weight around and abuse his power.

So it's hard for me to accept that it's all fueled by homophobia. I think that word is thrown around a little too much....

Well it's hard for me to accept that this was fueled be anything other than homophobia. Granted, I bet there many situations when people play the minority card...be it race or sex or whatever.....i.e. "You did that because I'm gay" or "You did that because I'm black"

This is not one of those cases.

I would normally think of this as a personal matter and not up for public discussion, however, it appears that you have chosen to make this a public cause. That's why I am commenting.

Actually Barry was not the one who chose to make it a public matter. He was simply at a private party at a private residence. The cops and the courts are the ones who decided to make it a public matter.

 

[mistermicrophone]

Actually Barry was not the one who chose to make it a public matter. He was simply at a private party at a private residence. The cops and the courts are the ones who decided to make it a public matter.

Yeah...I believe that the post was in reference to Barry's post on this board, not the fact the incident became public. Even if it was meant to be taken the way you did, I have to ask what rock you live under?? This case is a matter of PUBLIC record.

As it stands now, Barry is guilty and has been convicted of a crime and he better hope his (possible) libelous words posted here don't com back to hurt his appeal.

 

[ZRXOA 5248]

almost everyone Barry has commented on is considered a " public person" and the chances of them winning a libel or slander action are about zero. The homeowner/host is the only person who might have a actionable case, but IF he received anything of value for the change in testimony I'm sure he isn't going to want to have prove the allegations false. Then there is the chance he perjured himself in the process.

Barry has put out his version of the incident on a website he is associated with, and it has been in the papers, plus he has discussed it in emails privately with people, including me. At no time has his account changed, so there is nothing the prosecutors can use against him.

If I were a betting man I'd put my money on Barry getting justice. I really hope I am right.

 

[Keith321]

Gee, what a shock for a cop to abuse his power and try to cause trouble in P-Town....homophobic much?

I would guesss that if I were to choose one police force in the state that isn't homophobic, it's probably P-Town. I would imagine that anyone who takes a job in P-Town has to be aware of the sensitivities necessary. Wouldn't you think that if any police force has trained their officers in LGBT subjects, it would be P-Town. So it's hard for me to accept that it's all fueled by homophobia. I think that word is thrown around a little too much....

Yes, I would think and hope that the Provincetown police force would be trained in all the necessary areas of sensitivity and everything. You can tell a person "This is how you should behave". Doesn't mean they are going to.

And please, a cop on a power trip...and let's be honest...there's "a few" out there who is homophobic and wants to show "how much of a man he is" what better place for him to work than in a place where he can throw his weight around and abuse his power.

So it's hard for me to accept that it's all fueled by homophobia. I think that word is thrown around a little too much....

Well it's hard for me to accept that this was fueled be anything other than homophobia. Granted, I bet there many situations when people play the minority card...be it race or sex or whatever.....i.e. "You did that because I'm gay" or "You did that because I'm black"

This is not one of those cases.

Well, this is a lot of vague generalities about how you feel with no facts to back anything up.

The fact that you feel it was homophobia, power trip, cops not behaving as trained, etc...is all about how you feel and has no bearing here.

I would normally think of this as a personal matter and not up for public discussion, however, it appears that you have chosen to make this a public cause. That's why I am commenting.

Actually Barry was not the one who chose to make it a public matter. He was simply at a private party at a private residence. The cops and the courts are the ones who decided to make it a public matter.

What are you talking about? He has a whole web site set up with his version. (I think a web site constitutes "making it a public matter".)

I would love to know who called the newspapers.

 

[BearFur]

BTW for the last two posters...I'm posting my opinions, as you are. So if my opinions are wrong as you claim, then you're opinion is wrong also. Just stands to reason if you want to be equal. Which of course by the tone of your posts you apparently don't believe in equality.

Now, you both also stated that Barry put it on his website and all that. Yes, he did...AFTER HE WAS PUBLICLY ARRESTED FOR BEING AT A PRIVATE PARTY. Barry is not at fault here. Thank god it's not 1950 where bigotry was basically legal. It's 2008 and we have come a long way and we finally get to show tools such as yourselves that we are equal (notice I said equal and not superior or different, but EQUAL) and hate will not be tolerated.

 

[mistermicrophone]

AFTER HE WAS PUBLICLY ARRESTED FOR BEING AT A PRIVATE PARTY. Barry is not at fault here.

That's like saying someone was PUBLCLY ARRESTED FOR MURDERING SOMEONE IN PRIVATE...it makes NO sense. He was arrested for his actions (public or private) and THAT is a matter of public record. By the way, unless his appeal overturns the decision, is his fault for doing something to get himself arrested.

 

[Keith321]

BTW for the last two posters...I'm posting my opinions, as you are. So if my opinions are wrong as you claim, then you're opinion is wrong also. Just stands to reason if you want to be equal. Which of course by the tone of your posts you apparently don't believe in equality.

See how this works? Someone disagrees with someone and immediately the word "homophobic" gets tossed around. I haven't seen anyone on this board post anything about sexuality, preference or anything like that. (Sound like an AL Sharpton and Jesse Jackson strategy to me.)

I think the point of the last 2 posters was not who was right and who was wrong...but to say that there is another side to the story.

Now, you both also stated that Barry put it on his website and all that. Yes, he did...AFTER HE WAS PUBLICLY ARRESTED FOR BEING AT A PRIVATE PARTY. Barry is not at fault here. Thank god it's not 1950 where bigotry was basically legal. It's 2008 and we have come a long way and we finally get to show tools such as yourselves that we are equal (notice I said equal and not superior or different, but EQUAL) and hate will not be tolerated.

As someone pointed out you are making statements based on emotion without any facts to back you up!

i.e.....Barry is not at fault here.

And, again we throw around the word "bigotry", "homophobia", and "tool" when anyone disagrees, when no one here said anything that could be construed as based on sexual preference/identity.

From a link on Barry's site (and a quote from Barry's lawyer):

Neither the witnesses EDGE spoke with, nor Attorney Snow, suggested that anti-gay bias might have been a factor in the episode. Said Snow, “I don’t know that there was any language used that [would lead to] that conclusion. I don’t even know the sexual orientations, for instance, of the officers involved.”

http://www.badcopnews.com/2007/07/20/witnesses-contradict-police-claims-after-four-provincetown-massacusetts-police-officers-beat-radio-personality-for-loud-music-jail-witness/

 

[lost45]

The Truth Will Win Out!

http://www.wickedlocal.com/provincetown/news/x1542104152/DJ-jury-may-have-violated-instructions

By the way, the homeowner was visited the first two times by the police. He could of shut this quiet backyard party down at any time, but did not. I was already paid, so it made no difference to me.

I only met the police and was smashed into the side of a house and kicked so hard they knocked my sneaker off during their third visit when I complied immediately with their request to turn the party off...can you not see the implications of this as radio professionals?? They thought I said 'we hate the police' on a mic in a private backyard, which I did not. Anyone can get beaten if the police make this stuff up and lie!

I did nothing wrong. No resisting. Why would I resist against two large summer cops? Plus, it was an AA party, so don't talk about drinking here...

Just thought you all should know. I have gotten hundreds of your e-mails, so thanks so much for the support. It means a lot to me.

Barry Scott

 

[SonicOverload]

The Truth Will Win Out!

http://www.wickedlocal.com/provincetown/news/x1542104152/DJ-jury-may-have-violated-instructions

By the way, the homeowner was visited the first two times by the police. He could of shut this quiet backyard party down at any time, but did not. I was already paid, so it made no difference to me.

I only met the police and was smashed into the side of a house and kicked so hard they knocked my sneaker off during their third visit when I complied immediately with their request to turn the party off...can you not see the implications of this as radio professionals?? They thought I said 'we hate the police' on a mic in a private backyard, which I did not. Anyone can get beaten if the police make this stuff up and lie!

I did nothing wrong. No resisting. Why would I resist against two large summer cops? Plus, it was an AA party, so don't talk about drinking here...

Just thought you all should know. I have gotten hundreds of your e-mails, so thanks so much for the support. It means a lot to me.

Barry Scott

good luck Barry....