Judge mulling dismissal of charges against Barry Scott

Following a Nov. 16 hearing in Orleans District Court, Judge Therese Wright has taken under advisement a motion by attorney Christopher Snow to dismiss criminal charges against oldies DJ Barry Scott stemming from a Provincetown party that Scott deejayed back in July.

Scott's attorney, Christopher Snow, said he does not know when the judge might issue a ruling in response to the motion. Nov. 17. Scott is scheduled to appear in court for a status hearing on Dec. 17. "And it may be dismissed before that, if [Wright] acts on [the motion].

Scott was charged with resisting arrest, disorderly conduct and disturbing the peace following his arrest on July 14 while deejaying a birthday party at a private residence. Scott suffered a gash on his nose and injuries to his leg and toes during the arrest, which came after Provincetown police officers responded to a third noise complaint at the house. Organizers of the party have said that they complied with the officers' orders to have Scott lower the volume of the music during their previous visits to the home. According to Scott and guests at the party, when the officers ordered them on their third visit to stop the party, Scott used his microphone to inform the approximately 50 guests that the police had ordered an end to the festivities. Witnesses have said that Scott calmly 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, claiming that he was inciting a riot. But Scott and witnesses say that he cooperated with police.

Acting Provincetown Police Chief Warren Tobias has maintained that his officers did not use undue force during Scott's arrest. After conducing an investigation at the request of Town Manager Sharon Lynn, Cape and Islands District Attorney Michael O'Keefe arrived at a similar conclusion.

Snow declined to speculate on how Wright might rule on the motion to dismiss the case. "You never know," he said. "Our arguments were fully briefed and thoroughly presented in writing and argument and that's where the matter stands."