Prosecution threatened in arrest recorded by baby monitor

[BostonGeorge]

news story

LEOMINSTER, Mass. -- A Leominster woman won a round in her online standoff with state police on Tuesday.

NewsCenter 5's Jim Boyd reported Tuesday that Mary Jean hosts a Web site that is critical of Worcester County District Attorney John Conte. A video clip of a Northborough man's arrest that was posted on the Web site sparked a legal battle.

Paul Pechonis has also been running a Web site that is critical of authority. Police said that Pechonis has been posting threatening notes on his Web site against a judge in Westborough.

"I don't even know the gentleman that these alleged threats are targeted to," Pechonis said.

When Pechonis was arrested, a home video recorder captured state police putting handcuffs on Pechonis. The video ended up on Jean's Web site.

"I was helping someone who came to me as a victim who was asking me to help him because he didn't know what to do. He was extremely frustrated," Jean said.

Pechonis would not discuss the video. State police said that the taping occurred without the officers' knowledge and was in violation of state law.

Jean said that she did not make the video and did not break any laws by putting it on her Web site.

"It does not seem right to me, as a parent and someone who has lived in Massachusetts all my life, that they would want to charge me for this. It just doesn't seem appropriate," Jean said.

State police sent Jean a cease and desist letter and suggested that she remove what officials called an "illegal recording."

"Their letter to her, a so-called cease and desist letter, is improper use of police power to try to intimidate the publisher," Jean's attorney Dan Shea said.

A federal court has granted Jean a restraining order to allow her to keep the video on her Web site until a court hearing later this month.
Copyright 2006 by TheBostonChannel. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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[beerslurpy]

I love it when the authorities get caught strongarming people. Nothing cures corruption quicker than a dose of vitamin Publicity.

Of course, I would be a lot happier if the authorities didnt strongarm people in the first place, then we wouldnt even need to have these terrible cop-bashing threads all the time. </mild sarcasm>

 

[BostonGeorge]

I love it when the authorities get caught strongarming people. Nothing cures corruption quicker than a dose of vitamin Publicity.

Of course, I would be a lot happier if the authorities didnt strongarm people in the first place, then we wouldnt even need to have these terrible cop-bashing threads all the time. </mild sarcasm>

Agreed. As far as I can tell, the video showed the officers being quite cordial to the suspect, the only possible reason for following up in the matter is to stifle dissent.

 

[STW]

When Pechonis was arrested, a home video recorder captured state police putting handcuffs on Pechonis....
....State police said that the taping occurred without the officers' knowledge and was in violation of state law.

I'm confused. The police enter an area where video taping is ongoing and then say the taping is illegal because they didn't give their permission. That logic tosses out every dash cam tape made in their state and all security taping in stores, police stations, or anywhere else explicit permission has not been granted. The law of unintended consequences appears ripe for exploitation in MA. Every two-bit thug's lawyer in the state must be rooting for the police on this one.

 

[MechAg94]

Is there some law in Mass that you can't video the police? Or are they just making threats?

On the thread title, how is the prosecution threatened?

 

[Robert Hairless]

Is there some law in Mass that you can't video the police? Or are they just making threats?

On the thread title, how is the prosecution threatened?

He, he. You misread the title the same way I did. Read it this way: "The Massachusetts Attorney General threatens to prosecute ...."

I gather that the Massachusetts Attorney General has decided that it's against the law for a homeowner to videotape the Massachusetts State Police when they search someone's home without a search warrant.

 

[BostonGeorge]

I'm confused. The police enter an area where video taping is ongoing and then say the taping is illegal because they didn't give their permission. That logic tosses out every dash cam tape made in their state and all security taping in stores, police stations, or anywhere else explicit permission has not been granted. The law of unintended consequences appears ripe for exploitation in MA. Every two-bit thug's lawyer in the state must be rooting for the police on this one.

The statute in question covers wiretaps, and would only apply to the audio portion of the recording. I can't seem to find any laws covering video.