P'town manager asks DA to investigate arrest

Provincetown Town Manager Sharon Lynn has requested that the Barnstable County District Attorney's office investigate the behavior of Provincetown police officers when arresting DJ Barry Scott on July 14. Scott and witnesses to his arrest allege that police overreacted in arresting him as they sought to break up a party where he was deejaying, though acting Provincetown Police Chief Warren Tobias has said that the arresting officers acted in accordance with department guidelines. Scott, the openly gay host of radio show "The Lost 45s with Barry Scott," suffered injuries to his nose and leg in the arrest.

Lynn said she made her written request on Aug. 1. Though she has not received a formal reply from District Attorney Michael O'Keefe's office, she said, "It's my understanding that they're going to do it."

O'Keefe's office did not respond to a request to discuss Lynn's call for an investigation into the incident.

Lynn said her intention in making the request was "to promote and implement a review by the district attorney's office for another look, if you will, of what happened in this," not only for the civilian parties at the house where the arrest occurred, "but also for the police department, for the police officers [involved], to have another look at their process and their procedure in a positive way. And that's probably the most important reason," said Lynn. She added that "there was enough stir" in the aftermath of the arrest to warrant further investigation into the incident. A number of complaints have been lodged by witnesses that the police used excessive force when they arrested Scott. Several of them were made at a July 23 Board of Selectmen meeting at which Lynn was present. Tobias also attended the meeting, telling the board that after interviewing the officers involved in the incident, reviewing the related police reports and attending a meeting with Scott, his lawyer and Lynn, he determined that the arresting officers had followed proper police procedure. Despite being called on to do so, the Board of Selectmen declined to launch its own investigation into the police behavior. (See "P'town board will not investigate controversial police arrest," July 26.)

John Donovan, a Provincetown homeowner who attended the party where Scott was arrested and said he witnessed the event, said he was encouraged by Lynn's call for an independent investigation. "I just don't believe that a.), there was an arrestable offense and b.), even if the was an arrestable offense ... he should not have been brutalized that way." Donovan also criticized police for taking Scott's partner, Bryan Richardson, into protective custody for allegedly being intoxicated, a claim Richardson has denied. Richardson was not charged in connection with events at the party.

"The whole thing was completely out of line," Donovan asserted. "It was unprofessional conduct on [the officers'] part and not the way adults should be treated. No one was doing anything wrong. It was just completely out of hand and it was an excessive use of power."

Scott, who also owns a home in Provincetown, appeared in Orleans District Court on Aug. 1 for a pre-trial conference. The charges he faces stem from an incident at the home of Ed Foley on Holway Avenue. Scott was deejaying Foley's birthday party when police returned to the home for a third time that night to shut down the party because of noise complaints. At that point, according to Scott and guests at the party, Scott used his microphone to inform the 50 guests that the police had ordered an end to the festivities. Witnesses - including Donovan - have said that Scott politely complained that taxpaying town residents could not enjoy a birthday party in their own homes.

Scott and the witnesses allege that police then aggressively descended on Scott to arrest him, claiming that he was inciting a riot. Scott suffered injuries to his nose, leg and toes during the arrest. Scott and witnesses say that he did not resist arrest. Richardson also alleges he was injured and mistreated by officers as they took him into custody.

In a voice mail message, Scott declined a request to discuss his latest court appearance or Lynn's request for an investigation. Christopher Snow, his attorney, said that Scott is scheduled to return to court for another hearing in the matter on Aug. 31. "It's moving ahead routinely," said Snow.

But Snow questioned whether the Barnstable County District Attorney's office could conduct a truly independent investigation into police conduct given that the office is also handling Scott's prosecution on the charges stemming from the incident. "There would be at least the appearance of conflict so long as they continued to prosecute the case," said Snow. "It would be difficult for them on the one hand to prosecute and on the other hand effectively appear to be independent." Snow suggested that an investigation would best be left to the office of Attorney General Martha Coakley.

Don Gorton, co-chair of the Massachusetts Gay and Lesbian Anti-Violence Project, views news of Lynn's plan to request an independent investigation by the Barnstable DA as a positive step. "It would be great to get another set of eyes looking very closely at what happened besides the police," said Gorton, whose organization had also called on Provincetown officials to investigate the police's behavior in the incident.

But like Snow, Gorton also questioned whether or not O'Keefe's office could be truly independent under the circumstances. "The DA doesn't stand apart from the parties of interest either, because he's prosecuting Barry for the moment," said Gorton. But Gorton praised Lynn's effort to resolve the matter. "It is encouraging that Sharon Lynn is asking for input from the outside," said Gorton, who said he has spoken with Lynn about Scott's arrest. "She, in my view, genuinely wants to move beyond this situation constructively."

Lynn said she brought similar concerns to the district attorney, but believes Keefe will be able to conduct an unbiased review independent of the criminal case. "This is different than someone prosecuting the case," said Lynn. "This is the district attorney's staff, the district attorney himself who will look into this. So I do believe it can be done in a parallel case." Lynn said the review will be conducted as the criminal case continues.

In the meantime, an Aug. 21 public forum at Town Hall aims to foster better relations between the members of the Provincetown Police Department and the larger community. "That is, frankly, a community meeting not to address this situation," said Lynn. Rather, she explained, its purpose is "to address any questions anyone might have of the police and also if the police have any concerns or anything they want the public to know about their job and their perceptions." The forum, said Lynn, is the first of a series of educational events designed at engaging the public on various issues of concern in the town. In light of recent events, she added, town officials "thought it would be timely to have the first one involve the police department."