LYNN — Ernst Jean-Jacques, 32, of Haverhill, was arraigned at Lynn District Court Monday on a charge of assault and battery on an 80-year-old woman at Saturday’s Pro-Trump rally and counterprotest in Swampscott, in what Judge Matthew Nestor described as a “disturbing” case.
Prosecutor Danielle Doherty-Wirwicz requested at the arraignment that Jean-Jacques be declared a dangerous person, that he be banished from Swampscott and prohibited from contact with elderly persons — a request denied by Judge Nestor.
The defense, led by attorney Murat Erkan of Andover-based Erkan & Associates, raised questions about the Swampscott Police Department’s characterization of the incident and argued that the 80-year-old Linda C. Greenberg had been the aggressor in the situation.
Multiple police officers described Jean-Jacques as “punching” Greenberg after they witnessed “water propel from where Greenberg was standing.”
This characterization was based on a live video published by Trump supporter and former radio host Dianna Ploss. In the video, one can see Jean-Jacques cock back his arm after she appears to splash water on him, but cannot see if he makes contact with her.
The defense argued, based on the same video and from additional still images, that Jean-Jacques was actually “attempting to disarm Greenberg of the bottle,” and that he used an “open hand” rather than a fist.
The defense attorney also argued that a police interview with Greenberg confirmed that she had been the initial aggressor in the situation by splashing water on him.
“I was drinking my water and he was gyrating in front of me and I was getting mad and I did get water on him,” Greenberg said in the interview. “I don’t want to lie.”
When a bystander asked her if she agreed that her conduct made her the aggressor, she responded:
“Oh, why don’t you f— off. . . You are not America, you are not America.”
Erkan also brought up images of 1960s Birmingham, Ala., when police sprayed water on peaceful black Civil Rights protesters, and implied that Greenberg’s splashing water on Jean-Jacques dehumanized him in that same manner.
Judge Nestor disagreed with the analogy.
Erkan indicated that he was speaking with authorities and expected to request that Greenberg be charged with a hate crime.
Following the arraignment, Judge Nestor denied the prosecutor’s motion requesting that the court find Jean-Jacques to be a danger to the community and order that a $500 cash bail remain in place, that Jean-Jacques have no contact with any person over 70, and that he be banished from the town of Swampscott.
According to the defense team Jean-Jacques has no record of prior conviction and works at a senior center caring for adults with intellectual disabilities.
No other witnesses were presented at the hearing.
Erkan explained that he had intended to present the testimony of two eye witnesses, but decided not to after the prosecutor indicated she would request the hearing be postponed, and that Jean-Jacques be jailed in the interim.
The rally, led by Ploss, was among the largest and most contentious in recent weeks.
The court set the matter for pretrial hearing on February 24, 2021.
Guthrie Scrimgeour can be reached at [email protected]. Follow him on Twitter @g_scrimgeour.
