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This article was published 4 year(s) and 9 month(s) ago

An ugly chapter coming to a close in Swampscott

our-opinion

March 22, 2021 by our-opinion

Perfectly illustrating the expression, “too little, too late,” the town of Swampscott is scheduled Tuesday to publish the findings of an investigation into the Dec. 12, 2020 arrest of Ernst Jean Jacques by the Swampscott Police. 

We hope the findings will bring to an end this textbook example of municipal overreaching. 

Jacques, also known as “Shimmy,” was arrested for assaulting Linda Greenberg, 80, during one of the Humphrey Street protests pitting Greenberg and other supporters of former President Donald J. Trump, against Black Lives Matter protesters, including Jacques.

It should be noted that the benchmark for an assault charge involving someone Greenberg’s age includes “unwanted touching.” Bystander video shows Greenberg throwing water at Jacques. His arm moves toward her and, at that point, versions vary on whether he struck her or attempted to grab the water bottle. 

After viewing a video of the arrest, Swampscott Police Chief Ronald Madigan was quoted as saying, “(There) may have been opportunities to to handle this incident more constructively.” He ordered an independent investigation into Jacques’ arrest.

The investigation had barely begun in early January when Select Board Chair Peter Spellios and board member Polly Titcomb publicly released a letter written under the town’s letterhead asking Essex District Attorney Jonathan Blodgett to drop the charges filed against Jacques. 

In the letter they stated that a video showed Jacques ” …was not the initial aggressor.” They made that claim at a point when the assault investigation was in its initial stages and by no means near its conclusion.

The Swampscott Police Union responded with its own letter expressing disappointment in Spellios and Titcomb and questioning why town officials were challenging the integrity of town police officers.

We ask the same question now and wonder why Spellios and Titcomb called for charges against Jacques to be dropped before the judicial process weighing those charges and the internal investigation into police officers’ actions had barely begun. 

In our view, the Select Board members stepped beyond their area of responsibility with their request to Blodgett, raising potential legal problems for the town. 

To make matters worse, March 11 arrived with news that the investigation into police conduct, reportedly costing the town $10,000, had been completed. Town Administrator Sean Fitzgerald refused the Item’s request to release the report. The refusal could not have been more ironic coming, as it did, days before “Sunshine Week” — a statewide call by public oversight groups and media firms highlighting the need for opaqueness and transparency in government. 

To add insult to injury, “Free Shimmy” protests mounted since Jacques’ arrest culminated on March 14 with protesters blocking Humphrey Street traffic resulting in driver complaints and a minor accident. 

Police declined to charge the protesters for an obvious breach of public safety, and who can blame them? Swampscott police were sent a clear signal by Spellios and Fitzgerald that the town does not have their back. 

Releasing the investigation findings today in no way minimizes the breach of public responsibility demonstrated by Spellios and Titcomb and the disrespect shown to town police officers. 

Swampscott is a small community. Police officers live in town. They are good neighbors. They coach town kids and they don a uniform every day committed to keeping their neighbors safe. 

To disgrace the police department with a public appeal to the district attorney and then to compound that disgrace by refusing to release police conduct investigation findings is a travesty that should fill every Swampscott resident with shame. 

 

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