Charles Brown
((((((((((((((((((
Boston Globe
07/03/99
Driver guilty in taping of police
By Ellen O'Brien, Globe Staff
ROCKTON - The case of Michael Hyde vs. the town of Abington began with a routine traffic stop and ended yesterday when the 31-year-old rock musician was found guilty of a felony - tape recording the voices of patrol officers without them knowing.
In an unusual turnabout against a motorist who used a recording device to monitor alleged police misbehavior, Plymouth County prosecutors won their argument that four Abington police officers were protected by the same law that protects civilians against illegal wire tapping.
Hyde, who believed the officers had unfairly targeted him because of his appearance, recorded their words on the hand-held recorder that he kept in his Porche 928.
He was sentenced to six months' probation by Brockton District Court Judge David Nagle after a jury of six took less than one hour to determine that Hyde had broken the law when he pressed the record button on Oct. 26, 1998, as Abington police officer Michael Aziz stopped Hyde on Route 123.
Hyde had made that tape recording public and it revealed that at least one of the four officers who arrived at the scene used profanity, threatened him with jail, and questioned him about the possibility of cocaine in his possession. The tape revealed that Abington police Sergeant Kevin Forst asked Hyde if he had any ''blow in the dash''.
That traffic stop did not result in any ticket or fine, but Hyde complained to Abington police the next day about what he felt was harassment.
In an unusual turnaround, Abington police filed charges against Hyde for illegally recording the traffic stop.
Plymouth County prosecutors said the six-month probation and $500 fine were appropriate.
''The jury clearly understood that Mr. Hyde had broken the law, and we're satisfied with the result,'' said Paul Dawley, Plymouth County Deputy First Assistant District Atorney.
Hyde and his attorney, James Greenberg, vowed an appeal.
''I don't blame the jury,'' Hyde said. ''I blame a system that does not hold police responsible. These are people who our tax dollars go to. I think we are all entitled to know what they say, and how they act, all the time.''
The felony statute Hyde broke states that conversations cannot be recorded without both parties' knowledge.
Boston criminal attorney Thomas Hoopes said he was not surprised at yesterday's verdict or surprised the trial was widely watched by the public and legal specialists.
''The truth of the matter is a lot of police officers do a great job, but there are also a lot of people who would like to have a tape recorder when they are stopped by those who are not doing such a professional job,'' Hoopes said.
Hyde said he is worried his conviction will make him a future target for law enforcement officers and harassnent.
Hyde, a Braintree resident, was stopped by Abington police for having a loud exhaust system, though he maintains the police were hostile toward him because of his long, curly chestnut-colored hair. He said he questioned the officers when they stopped him, cooperating but making inquires throughout the process.
''They wonder why drivers aren't always so agreeable,'' Hyde said. ''It's because police officers, some of them, get into this mode where they are so hyped up they have clearly gone beyond what is necessary for a traffic stop.''
The Commonwealth acknowledged that the felony charge attracted lots of attention, with the public anxious to see if police would be held to a different standard than those not wearing a badge.
''It got a lot of attention '' said Dawley, but this verdict makes clear that the jury supported the actions of the Abington Police,'' Dawley said.
Plymouth Assistant District Attorney Suzanne Sullivan said yesterday that Hyde's tape recording, which opens with his voice stating ''11 o'clock. Why am I being stopped?'' showed the jury that Hyde eventually became hostile.
''I'm not disapproving of what he said initially,'' Sullivan said, adding that motorists have a right to know why police officers pull them over. ''But there is no indication that the Abington police did anything wrong.''
Hyde said that it was not unusual for him to have a tape recorder with him that night because he is a musician in the group Rock Theatre, and he travels with recording devices.
''I don't regret that I fought this all the way,'' Hyde said. ''But I don't think anyone who is paying state or federal tax dollars should notknow how police are spending their time, and how they are treating the general public.''
This story ran on page B1 of the Boston Globe on 07/03/99.
(c) Copyright 1999 Globe Newspaper Company.
[Cross-posting of messages that appear on BRC-ALL to other mailing lists is prohibited, without EXPLICIT permission from the message author]
-------------------------------------------------------------------------- BRC-ALL: Black Radical Congress - General Discussion/Debate --------------------------------------------------------------------------