Massachusetts Appeals Court overturns Barry Scott charge in Provincetown, MA case!

Letter from Barry Scott, 2/21/2011, concerning ruling in his favor:

With great jubilation, I announce the State Appeals Court, in a rare move, just overturned my 2007 “Disorderly Conduct” conviction from an incident in Provincetown, MA where I was handcuffed and beaten for reportedly saying “we hate the police.” The fact this statement was a lie on official police reports should horrify you, but many people didn’t get the implication that you can be arrested and beaten for saying anything in a private backyard. On this President’s Day 2011, our founding Fathers would be appalled.

Upon first meeting the police, I responded immediately to shut down music at the small party where I was the hired DJ. There was only one complainant. I was charged with crimes to cover up the brutality/gay bashing severe enough the cops did not take a mug shot of me; for it would have shown their handy work. (Any photos were taken when I was finally released from jail.) My partner Bryan, walking with a cane, was thrown on a cruiser, for simply asking why they were kicking, hitting and bloodying me. He was held without charges, refused a breathalyzer and further brutalized. This could happen to you or someone you love, at any time, in your own backyard!

Although the reason for my arrest was overturned, the ‘resisting arrest’ conviction unbelievably stands. In Massachusetts, you can be charged without a lawful arrest, as long as there was no ‘excessive force.’ So why did the Court not see evidence of my beating, when I required hospitalization? The trial “Judge” in Orleans, MA district court (Brian Merrick, who I can’t call a Judge), would not allow any evidence of my injuries, including photographs or testimony, to be allowed in ‘his courtroom.’ I did not resist in any manner. With two large, untrained teen-aged “summer rental cops” finding all 5’4 130 lbs of me placed securely at the corner of a house; it would have been impossible and foolish for me to do so. It was another lie and it could happen to you.

Mr. Merrick, a former police union attorney, made his first appearance at my trial after a dozen or so court visits with another Judge. Witness Ed Foley changed all of his previous statements under oath, for favors received from Provincetown (quieting a dozen of his close friends who had written vehemently supportive witness statements). We knew this to be the case in advance and had no less than four newspaper accounts and an e-mail from Ed stating the exact opposite to what he testified. Mr. Merrick (who I would suggest left with a wallet fatter than when he entered the courtroom that day) refused to allow us to cross examine the witness. That is illegal in America; but the State Court allowed this act to stand; meaning in any trial, someone can lie on the stand and not be impeached. There was witness intimidation, problems with the jury, admittance of last minute lying evidence and more; all designed to convict me. That should scare you as well.

I fought these charges for 4 years. I did so because I was appalled by our Massachusetts judicial system, especially on Cape Cod, which is filled with “Dukes of Hazzard” behavior. District Attorney of the Cape & Islands, Michael O’Keefe (“Boss Hogg” himself) and his staff ruthlessly convicted me of a crime to cover-up brutality and resulting negative press. I fought because it was the honorable thing to do. That the gay press cared more about ‘gay marriage’ and ‘don’t ask, don’t tell’ than freedom of speech; laws against police brutality and the right to a fair trial, also compelled me to act. So did our cowardly Attorney General, ‘top cop’ Martha Coakley, who’s office knew this was an injustice but refused to help during her failed run for Senate and need for police union support.

I am very thankful the arresting charge has been overturned after a long and expensive fight for my rights as well as yours. I lost a few ‘friends’ during this battle for truth, but it’s always good to discover the real meaning of the word. I met some amazing new friends and learned lessons that will last a lifetime: such as listen to your gut if you don’t believe in your attorney and testify at your own trial! Frankly, you can’t make this stuff up, which is why this story will be told. It can possibly help you or someone close to you. Remember, the thought of this situation ever happening to me never crossed my mind either. Thank you so much for your support over the past three and a half years!

With respect,

Barry Scott

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