Provincetown board will not investigate Barry Scott arrest

The controversy surrounding the arrest of popular DJ Barry Scott in earlier this month received a thorough airing at the Provincetown Board of Selectmen meeting July 23, with roughly equal numbers of people alternately criticizing officers for allegedly acting with unnecessary force in arresting Scott or defending the work of the Provincetown Police Department. The five-member board said it will not investigate whether police acted inappropriately during the incident, in deference to the ongoing legal proceedings.

"It's very easy to get caught up in the emotions of this," said Selectwoman Mary-Jo Avellar, who chairs the board. But she added that investigation of what happened by selectmen "can only interfere" in the legal process that is currently underway. "We'll be interested in the results," said Avellar.

Scott's attorney, Christopher Snow, said after the meeting that the board is now complicit in "the ongoing damage" to Scott and that the selectmen have given "their tacit approval, at least temporarily" to the allegations of police misconduct that have been made by witnesses to Scott's arrest.

"It was somewhat offensive to the process that they felt they could sit on their hands while this civil rights violation germinates and continues to cause harm to an otherwise law abiding individual under the auspices of a 'continuing investigation' ... which I consider a temporary safe harbor for continuing to hide the misdeeds of this department," said Snow.

During the meeting, Snow spoke up on Scott's behalf and praised other witnesses for having the courage to show up and speak. He expressed concern that the meeting was stacked with "sympathetic members of the Blue Line."

Scott, a homeowner and host of the weekly radio program "The Lost 45s with Barry Scott," is facing charges of resisting arrest, disturbing the peace and disorderly conduct in Orleans District Court. A pre-trial hearing is scheduled for Aug. 1. The charges stem 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.)

Addressing the board early in the meeting, Acting Provincetown Police Chief Warren Tobias said that after interviewing the officers involved in the incident, reviewing police reports and attending a meeting with Scott, Snow and Town Manager Sharon Lynn, he had determined that "the officers followed General Orders to the letter" during the incident. General Orders are guidelines designed by police departments to guide officers in carrying out their duties and responsibilities. Referring to media reports about the incident, Tobias said that thus far, "only one side [of the story] is being heard." He disputed one news report that said that officers were responding to three noise complaints that came from one person. "There were six complaints actually," said Tobias, made by multiple people.

In response to the controversy, Tobias said he is considering holding a public forum aimed at educating the town residents about the role and responsibility of the police department and to solicit citizen feedback about the department. Members of the board roundly encouraged holding such an event sooner rather than later. "I would just encourage a forum as soon as possible," said Selectman Austin Knight.

No one who spoke at the meeting raised the issue of anti-gay bias on the part of the arresting officers, Michael Barone and Anthony Bova. Tobias has strenuously denied it was a factor in the incident. But Don Gorton, chair of the Massachusetts Gay and Lesbian Anti-Violence Project, was among those who had called for an investigation into the officers' behavior, citing his concern that homophobia may have played a part in Scott's arrest. In an email to Bay Windows, Gorton said that, "A refusal to investigate means, of course, that the possibility of a hate motive for the violent assault and battery on Barry Scott cannot be ruled out. We are currently considering other ways of shedding light on the circumstances of this unlawful arrest and 's apparently draconian policies of addressing noise complaints."

John Donovan, one of the party organizers, had also requested a formal investigation into the behavior of the officers that night. Speaking at the meeting, he criticized the members of the board of selectmen and Tobias for not acknowledging receipt of his emailed complaint. The only person who responded, said Donovan, was board secretary Vernon Porter. Donovan went on to say that he had just purchased a home in about six weeks ago. "I'm questioning my decision now," he said. Donovan asserted that Scott was "arrested and brutalized because the Provincetown Police didn't like what he said," noting that Scott politely told the crowd that the party was over.

"I am very concerned that nothing is going to be done," said Donovan, adding that inaction by town officials may result in him putting his home up for sale.

More than one resident who spoke during the meeting raised concern that police officers are under increased stress because the force is understaffed. One man who said he attended the party where Scott was arrested said that the long hours and stress on police officers is problematic. The reaction of the officers to Scott's comments, he said, "was beyond what I feel was an acceptable situation. ... It was an overreaction. I was there."

Earlier in the meeting, in response to a question from Selectwoman Pam Parmakian, Tobias had stated that the force was currently down three full time officers and a staff sergeant. He later said the vacancies accounted for one third of the force.

Another longtime resident expressed concern that the summer officers - who are typically college students with little law enforcement experience - and are hired to expand the force during the tourist season are not getting enough guidance from the more seasoned, year-round members of the force. "What I do not see this summer," said the man, "I do not see the mentoring of the young police officers." Both of the officers who arrested Scott were summer officers.

Officer Jodi Rapose, a 22-year veteran of the force who was not involved in Scott's arrest, blasted critics who charged that the police overreacted in their response to the noise complaints. In Rapose's view, the officers' only mistake was not shutting down the party sooner. "People are entitled to peace and quiet," she said, prompting a smattering of applause from the audience.

Officer Caitlin Kennedy, one of the town's summer officers, disputed the characterization of Barone and Bova as young and inexperienced, calling them instead "calm, patient and knowledgeable." Kennedy, who was not at the scene of Scott's arrest, said she shares a residence with Barone and Bova in addition to working with them. "Their integrity should be spoken about," she said.