Barry Scott back in court next week

The case of oldies DJ Barry Scott, whose arrest in July by Provincetown Police for disorderly conduct, disturbing the peace and resisting arrest has caused controversy because of allegations that police used unnecessary force, returns to Orleans District Court Sept. 14.

Attorney Christopher Snow, who is defending Scott against the charges, said the case was continued from a previously scheduled date of Aug. 31 to mid-September in order to allow state prosecutors time to provide him with a "bill of particulars," which requires them to specify in detail "the what, when, how of the charges" against Scott, who is openly gay. Snow said he expects the case to go to trial. "It looks as if all of the resources of the Commonwealth are being dedicated to this prosecution," he said.

Scott, a homeowner and host of the weekly radio program "The Lost 45s with Barry Scott," is facing charges stemming from an incident at the home of Ed Foley on July 14. 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 have said that Scott politely complained that taxpaying town residents could not enjoy a birthday party in their own homes.

He 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. His partner Bryan Richardson, who was taken into custody but charged with no crime, also alleges he was injured and mistreated by officers (See "Popular DJ Arrested In P'town, July 19.)

The controversy surrounding Scott's arrest led Provincetown Town Manager Sharon Lynn to request an investigation by the Cape and Islands District Attorney Michael O'Keefe to determine whether Provincetown Police officers acted inappropriately during Scott's arrest. O'Keefe's office did not respond to an inquiry as to the status of the investigation. Snow said that he believes the investigation has been completed but a written report has not yet been done. Snow, who has questioned whether or not the DA's office could conduct an independent investigation of police behavior while it is also prosecuting Scott, isn't putting much stock in the report as a means of defending Scott against the charges. "We are not certainly focusing our energies on that as being a likely resource for the defense," said Snow.