Oldies DJ charges brutality in P-Town

Well-known Boston disc jockey Barry Scott is denouncing what he said was police brutality by the Provincetown Police Department after officers arrested him on charges of disturbing the peace at a weekend birthday party.

Provincetown's acting chief denied there had been brutality, saying officers arrested Scott based on comments Scott made to about 50 people attending the private party when police ordered music turned off after numerous noise complaints.

"I have reviewed all the reports, I have personally interviewed all the officers, and I have met with the defendant and his attorney, and I do not see any signs of excessive force," said Acting Chief Warren Tobias.

He declined to comment on key details, citing the ongoing criminal case.

"I don't think he was inciting a riot," Tobias said in an interview yesterday. "I'll say he did excite the crowd or exhort the crowd into being even louder than what they were before, and that's the reason we were there, to quell that."

Witnesses and Scott's lawyer said the two part-time police officers who made the arrest overreacted, injuring Scott and his partner in a scuffle.

"What it was motivated by was clearly rage that was out of control, and virtually every witness that I've interviewed thus far would confirm and corroborate that," said Scott's Provincetown lawyer, Christopher Snow. "This officer and his companion acted out of complete rage."

Scott, 43, whose long-running show "The Lost 45s with Barry Scott" is broadcast on Oldies 103.3 Sunday nights, declined to comment on the case and referred questions to his lawyer.

Scott pleaded not guilty Monday to the charges of resisting arrest, disorderly conduct, and disturbing the peace.

He is due back in Orleans District Court Aug. 1.

The arrest was made Saturday night after friends gathered for a 40th birthday party on Holway Avenue.

At about 7:30 p.m., two officers arrived at the home in response to a noise complaint, according to Scott's lawyer and an account by John V. Donovan of Boston, who was present.

Donovan answered the door. "Barry immediately lowered the music, and his partner, Bryan Richardson, moved the speakers to face the house to help minimize noise transmission," Donovan wrote in an e-mail to Chief Tobias, demanding an inquiry.

"We continued with the party, and an hour or so later the officers returned" and issued the homeowner and birthday celebrant, Eddie Foley, a $50 citation for violating the town's noise bylaw, according to the two accounts. Donovan said the music was then lowered again.

At about 10:30, the officers returned and asked Scott to turn the music off.

Donovan said Scott immediately complied and made a short announcement to the crowd.

Donovan wrote: "To paraphrase his comments, 'Ladies and gentleman, the Provincetown police have asked me to turn the music off, and they don't seem to like us very much, and at this point we don't like them very much. It is sad that homeowners and taxpayers in Provincetown cannot enjoy a birthday party in their own home.' "

Donovan said at that point two officers "stormed the property" and "proceeded to assault Barry and throw him up against the house."

Snow said his client sustained a cut to his nose and injuries to his leg and a toe.

Mac Daniel can be reached at mdaniel@globe.com.