Boston DJ Appeals Guilty Verdict

by Joe Siegel
EDGE Media Network Contributor
Thursday Oct 16, 2008

Boston DJ Barry Scott is appealing a guilty verdict brought against him in Orleans District Court in July. Scott, 45, was fined $600 and found guilty of disturbing the peace and resisting arrest from an incident in July 2007.

Scott, who anchors the radio show "lost 45s with Barry Scott" on FM 103.3, had been doing DJ work at a birthday party for a friend in Provincetown in July 2007 when police responded to complaints of excessive noise. Police ordered the party to be shut down, claiming that the homeowner, Ed Foley, was in violation of a noise bylaw.

Scott said after he complied with the police order to turn the music down, police officers assaulted him by kicking him repeatedly and smashing his head into the house face-first.

Scott said although Foley was issued a ticket for violating the noise bylaw, the police officers arrested Scott and his partner Bryan Richardson for attempting to incite a riot.

Scott was taken to the local jail and charged with disorderly conduct and resisting arrest. Richardson was in the next cell. When Richardson suffered a back spasm and laid down on the floor while experiencing tremendous pain, the officers on duty "were smirking and laughing at him," Scott told EDGE.

After a few hours, police released Scott and Richardson after Scott signed a statement saying Richardson had been drunk and disorderly, even though Scott knew that was not true.

After more than a year and 14 court appearances in front of 9 different judges, Scott is fighting for justice which he said has been denied him.

Scott reports getting an e-mail from one of the jurors at his trial. The juror told Scott that they believed in his innocence, adding the jury foreman pressured the jury members to render a quick verdict because it was a misdemeanor case.

Scott is angry at Foley, who initially told the media that Scott had not resisted arrest that night at his party, but later declined to testify on Scott's behalf. Another attendee of the party, Liz Livotti, who owns a business called Angel Foods and acknowledged that Scott had "been respectful" of the police, also declined to testify.

"The trial was a sham," Scott said, adding that the judge refused to hear testimony of his assault or Brian's assault by the police officers.

You shouldn’t be injured by police for noise violation in a backyard - Barry Scott

District Attorney Michael O'Keefe found nothing improper in the way police officers treated Scott, saying his office "found no improprieties or unlawfulness with the police activity."

Acting Police Chief Warren Tobias also saw no inappropriate behavior on the part of his officers.

Town officials were also unsympathetic.

"Every elected official turned their backs on us," Scott claimed.

As for the reaction of Provincetown's GLBT community, Scott said there had been "overwhelming silence."

After spending $30,000 in legal fees, Scott vows to fight to clear his name and vows to bring further attention to the problem of police brutality.

"You shouldn't be injured by police for a noise violation in a backyard," Scott said. "Most people would've given up. I need to hold them accountable."

The house Scott and Richardson have owned for 25 years is currently up for sale.

After the mistreatment by the Provincetown police and the indifference shown by town officials, Scott believes its time to move on.

"Once we sell that house, we will not be back," Scott added.

Joe Siegel has written for a number of other GLBT publications, including In newsweekly and Options.


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