No new trial for Barry Scott

The July 14, 2007 ordeal surrounding Boston LGBT activist and nationally known radio personality Barry Scott continued on Monday when Orleans District Court Judge Brian Merrick denied a motion for a new trial. Merrick oversaw last year's trial of Barry Scott. ?
Scott sustained various injuries during his 2007 arrest by Provincetown police. At a 2008 trial, he was found guilty of resisting arrest, disorderly conduct and disturbing the peace. Scott has maintained that he was not resisting arrest and that the police assaulted him. Scott has also alleged that some witnesses for the prosecution lied about the events at the private party where Scott had been employed as a DJ. Scott's partner, Bryan Richardson, was placed in protective custody by police and says he suffered injuries as a result of his incarceration. The Cape and Islands District Attorney's office determined that police acted lawfully when they arrested Scott. This is the same office in charge of the prosecution.

The motion for new trial was denied after a new witness, Quincy police officer Barry DeFranco, testified that he did not observe Scott resisting arrest when he sustained his injuries. Police were responding to a noise complaint.

The original police report said that Scott was injured while resisting arrest as police tried to handcuff him. According to Scott and media reports, DeFranco testified that he saw two police officers arrest Scott and he did not resist arrest. Under cross-examination, however, DeFranco replied "negative" when asked if excessive force was used by the Provincetown police.

Scott told Bay Windows he would appeal Merrick's decision in state appellate court. Scott's partner, Bryan Richardson, will be filing a civil lawsuit against the officers involved.

"I will not stop in my chance to hold the police accountable for happen to Bryan and me that night. I believe we are strong enough to go on," Scott said on Oct. 21.