SWAMPSCOTT — Members of the Select Board questioned the actions of the police department in a December arrest at their meeting Wednesday night, saying that while the arrest itself was lawful, they aren’t convinced that racial bias wasn’t a factor.
Board Chair Peter Spellios said that while he understood that police had probable cause to arrest Black Lives Matter activist Ernst Jean-Jacques on assault charges at a protest on December 12, the lack of investigative work by the department was concerning.
“The lack of investigation here makes probable cause feel like it was treated like truth, and that to me is the fatal flaw here,” Spellios said. “It immediately set this on a different path. I, in my heart of hearts, believe that the defendant is responsible for what he did, but I don’t think he’s responsible for the stuff he didn’t do.”
The meeting was held following the Tuesday release of an independent report by consulting firm Municipal Resources, Inc. (MRI) investigating the arrest. The report found that the arrest was lawful, but the investigation by police was “disjointed and cursory,” and therefore not up to police standards.
The arrest of Jean-Jacques occurred at a Monument Square pro-Trump rally, where he was participating in a counterprotest. Trump supporter Linda Greenberg, 80, threw water from a plastic bottle at Jean-Jacques, who is Black, and he was arrested for what police believed to be a retaliatory punch he threw at the white woman.
In their review of video from the scene, MRI concluded Jean-Jacques did not reach toward Greenberg with a closed fist, as police and prosecutors alleged at the time. Jean-Jacques and his defense attorney maintain he is innocent and was simply reaching toward her to take the bottle away.
According to the MRI report, Swampscott police officers failed to record witness statements or follow up on the statements they did receive, and did not attempt to question Jean-Jacques before or after his arrest. In addition, the arresting officer used an expletive in speaking to Jean-Jacques.
Alan Gould, president of MRI, offered several recommendations in the meeting with Select Board members, including implementing body cameras, video- and audio-recording the station’s booking room, refresher training on topics such as interview and interrogation, report writing, and other related SPD policies, and more thoroughly applying the department’s special events planning policy, which establishes a clear chain of command during incidents such as the protest.
Gould emphasized that the lack of a single point person in this investigation led to many of the missteps that police made.
Police Chief Madigan said that some of these recommended changes are already in the works. The department is working on implementing the use of body cameras and in-car video.
“The town expects excellence from its police department, and we’re committed to providing the community service that meets that standard,” Madigan said. “Where we fail to meet that high standard, we’re committed to confronting that head on.”
Gould said that the report did not find any evidence of racial bias in police officers’ actions, but that it was not possible to determine if bias did exist without further digging.
“The key word was, we found no evidence that there was bias,” Gould said. “Without going in and looking at other cases, I can’t stand here and tell you. I can only say there was no evidence of it in this case, but we’d really need to look at other cases to see if there was an issue that permeated the police department.”
When asked by Spellios if he thought that the arrest was an example of good police work, he said no.
Town Administrator Sean Fitzgerald also voiced concern over the decision by the department not to charge Greenberg with a crime. The report states that this decision was legal and within the department’s discretion, as no officer saw her throw water at Jean-Jacques, which would be a misdemeanor assault and battery (Jean-Jacques has been charged with felony assault and battery on a person over the age of 60).
“While we certainly acted within our authority not to charge a person with a crime, not charging that person I think significantly exacerbated the appearance of unfairness and injustice,” Fitzgerald said.
On January 22, Select Board Chair Peter Spellios and Vice Chair Polly Titcomb released a letter asking Essex District Attorney Jonathan Blodgett to drop the charges against Jean-Jacques.
Jean-Jacques will next appear in Lynn District Court for his criminal case on March 29.