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Hyde Park contempt trial

Description: Opening of court proceedings in a criminal contempt case against Michael Gaine (Hyde Park resident). In addition to the defendant, Judge James Lynch, Jr. (Suffolk Superior Court), Richard Driscoll (lawyer for the defendant), Stephen Limon (Assistant Attorney General for the State of Massachusetts), members of the jury, and the Brooks family are present in court. Limon makes opening statement and accuses Gaine of violating a previous consent decree by harassing an African American family in Hyde Park. Debra Stewart testifies about the events of August 22 and identifies Michael Gaine in the courtroom. Tape 1 of 5.
1:00:01: Visual: Shot of Michael Gaine (Hyde Park resident) in courtroom at Suffolk Superior Court. 1:00:31: V: Court proceedings begin in a criminal contempt case against Michael Gaine. Michael Gaine (defendant), Judge James Lynch, Jr. (Suffolk Superior Court), Richard Driscoll (lawyer for the defendant), Stephen Limon (Assistant Attorney General for the State of Massachusetts) and members of the jury are all present in court. Members of the Brooks family are seated in the courtroom. The judge allows a motion to sequester the witnesses for the defense and the prosecution. 1:02:14: V: Limon gives his opening statement. Limon accuses Gaine of violating a consent judgment signed on August 19. Limon says that the consent judgment bars Gaine from harassing African American families in Hyde Park. Limon accuses Gaine of urinating and making obscene gestures in front of an African American family in Hyde Park on August 22. Shots of Limon giving his statement; of the audience; of Gaine. 1:08:24: V: Driscoll reserves his right to make an opening statement. The judge reviews the consent judgment signed by Gaine on August 19. Shot of the audience. The court stenographer records the proceedings. Limon submits a map of the Ross Field area of Hyde Park as an exhibit in the case. 1:13:17: V: Limon calls Debra Stewart (witness) to testify. Stewart is sworn in. Limon questions Stewart about her background and her relations with the Brooks family. Limon questions Stewart about the events at the Brooks's home on the afternoon of August 22. Stewart points out Gaine in the courtroom. She says that she was in the yard of the Brooks's home with Bertha Brooks, Charles Brooks, Chad Brooks, and two other people; that Gaine was walking toward Ross Field in Hyde Park; that he stared at the group gathered outside of the Brooks's home as he passed.
Collection: Ten O'Clock News
Date Created: 09/02/1982

Hyde Park contempt trial, Part 2

Description: Debra Stewart (witness) testifies during court proceedings in the criminal contempt trial of Michael Gaine (Hyde Park resident). Stewart says that Gaine urinated while facing the home of the Brooks family, made obscene gestures at the group outside of the home, and yelled Bertha Brooks's name loudly. Stephen Limon (Assistant Attorney General for the State of Massachusetts) calls Edgar Charles Brooks (witness) to testify. Brooks points out Gaine in the courtroom and says that Gaine slowed down as he walked by the Brooks home on the afternoon of August 22. Tape 2 of 5.
1:00:02: Visual: Court proceedings in the Michael Gaine criminal contempt trial. Debra Stewart (witness) continues to testify. Stewart indicates the location of the Brooks's home on the map of the Ross Field area of Hyde Park. Shot of Gaine. Stewart says that Michael Gaine (defendant) walked from Ross Field toward the Brooks' home; that Gaine unzipped his trousers and urinated while facing the Brooks's home; that Gaine made obscene gestures at the group outside of the Brooks's home. Stewart says that Gaine yelled Bertha Brooks's name loudly. 1:12:14: V: Richard Driscoll (attorney for the defendant) questions Stewart about the events on the afternoon of August 22. Driscoll questions Stewart about her relationship with Bertha and Charles Brooks. Driscoll questions Stewart about her previous statements. Driscoll points to the map while asking Stewart specific questions about her previous statements. Shots of the audience; of reporters in the audience. Stewart indicates the location of the entrance to Ross Field near the Brooks's home. Shots of the audience. 1:17:23: V: Shot of Gaine. Driscoll continues to ask Stewart to indicate locations on the map. Shot of a member of the audience. 1:18:11: V: Stephen Limon (Assistant Attorney General for the State of Massachusetts) calls Edgar Charles Brooks (witness) to testify. Limon asks Brooks questions about his work, education and family background. Limon asks Brooks about the events on the afternoon of August 22. Brooks points out Gaine in the courtroom. Brooks says that Gaine slowed down as he walked by his home on the afternoon of August 22.
Collection: Ten O'Clock News
Date Created: 09/02/1982

Hyde Park contempt trial, Part 3

Description: Edgar Charles Brooks (witness) and Bertha Brooks (witness) testify in the criminal contempt trial of Michael Gaine (Hyde Park resident). Both witnesses say that Gaine urinated while facing the Brooks' home and that Gaine yelled Bertha Brooks's name loudly. Bertha Brooks says that Gaine stared at her and made obscene gestures, and that she called police. Tape 3 of 5.
1:00:05: Visual: Edgar Charles Brooks (witness) continues to testify in the criminal contempt trial of Michael Gaine (Hyde Park resident). Edgar Charles Brooks says that Gaine urinated while facing the Brooks's home; that Gaine yelled Bertha Brooks's name loudly; 1:02:43: V: Richard Driscoll (attorney for the defendant) questions Edgar Charles Brooks about his testimony. Driscoll shows Edgar Charles Brooks photographs of the area near Ross Field. 1:03:54: V: Bertha Brooks (witness) is sworn in. Stephen Limon (Assistant Attorney General for the State of Massachusetts) questions Bertha Brooks about her work and her family. Jump cut in videotape. Bertha Brooks says that Gaine urinated while facing her home; that Gaine continued to stare at the Brooks when he finished urinating. Bertha Brooks says that Gaine made obscene gestures at her and her family and guests. Jump cut in videotape. Bertha Brooks says that Gaine yelled her name loudly. Shots of James Lynch Jr. (Judge, Suffolk Superior Court). Bertha Brooks says that she called the police; that the police arrived 15 minutes after she called them.
Collection: Ten O'Clock News
Date Created: 09/02/1982

Hyde Park contempt trial, Part 4

Description: Footage opens with judge announcing in court proceedings of trial regarding a restraining order violation filed by Bertha Brooks against Michael Gaine and David Gilligan. MacEachern describes actions leading to incident report against Michael Gaine about civil rights contempt of court -- violation of restraining order in Hyde Park. David Gilligan testifies. Defendant Michael Gaine, 18, also testifies, denies harassing residents. Reel 4 of 5.
1:00:02: Visual: Judge James Lynch, Jr. (Suffolk Superior Court) rules on a motion in the criminal contempt case of Michael Gaine. Richard Driscoll (attorney for the defendant) makes his opening statement. Driscoll begins his statement. Jump cut in videotape. Alan MacEachern (Boston Police Department) is sworn in as a witness. Driscoll asks MacEachern about the events on the afternoon of August 22. MacEachern says that Bertha Brooks told him that Michael Gaine (Hyde Park resident) was on Ross Field in violation of a restraining order; that MacEachern told Gaine to leave the field. MacEachern says that Bertha Brooks told him about the urinating incident when he took an incident report; that Bertha Brooks did not mention any obscene gestures made by Gaine. MacEachern says that he arrested Gaine after taking the incident report. Driscoll gives MacEachern a copy of his incident report. Stephen Limon (Assistant Attorney General for the State of Massachusetts) objects to Driscoll giving MacEachern the report. Driscoll questions MacEachern about what he was told by Bertha Brooks when he took the incident report. MacEachern looks at photographs of Ross Field provided by Driscoll. MacEachern says that Bertha Brooks told him that Gaines urinated 50 or 60 feet away from her property; that Bertha Brooks said that Gaines was directly in front of her house. The judge rules on an objection by Limon. 1:09:12: V: Limon questions a Hyde Park youth about his relationship with Gaine. The youth says that he knew about the restraining order; that he was with Gaine on Ross Field on August 22. 1:11:52: V: Gaine is sworn in as a witness. Driscoll asks Gaine about the events on the afternoon of August 22. Gaine says that he walked to Ross Field to join a group of friends on the afternoon of August 22. Gaine says that he walked over to the baseball diamond to urinate. Gaine indicates the spot where he urinated on a photograph provided by Driscoll. Gaine says that he did not make an obscene gesture; that he did not yell Bertha Brooks' name. Driscoll questions Gaine about his activities during the rest of the afternoon. Gaine says that the spot where he urinated was 197 feet from the Brooks' property. Gaine indicates the location of the Brooks' home on a photograph provided by Driscoll. Limon requests a five minute recess.
Collection: Ten O'Clock News
Date Created: 09/02/1982

Hyde Park contempt trial, Part 5

Description: Michael Gaine (Hyde Park resident) testifies in his own criminal contempt trial. Gaine denies urinating in front of the Brooks family home. Gaine says that he understood the previous consent decree and knew that he was not supposed to go to Ross Field. Richard Driscoll (attorney for Gaine) asks Gaine if he intended to violate the consent decree. Gaine says no. In his closing arguments, Driscoll says that Gaine did not intentionally violate the consent decree. He says that the testimony of Bertha Brooks (witness) does not match the incident report filed by Alan MacEachern (Boston Police Department). Lynch rules that Gaine is guilty of intentionally violating the previous consent decree. Lynch charges Gaine with criminal contempt and sentences him to sixty days in the Charles Street jail. Gaine exits the courtroom. The Brooks family and their supporters exchange hugs in the courtroom. Tape 5 of 5
1:00:02: Visual: Michael Gaine (defendant) testifies in his criminal contempt trial. Stephen Limon (Assistant Attorney General for the State of Massachusetts) questions Gaine about the events on the afternoon of August 22. Limon asks Gaine where he urinated on the afternoon of August 22. Gaine denies urinating in front of the Brooks' home. Gaine says that he urinated inside the park. Limon asks Gaine if he understood the consent judgment issued by the court. Gaine says that he understood the consent judgment; that he understood that he was not supposed to congregate on Ross Field with other defendants. Limon finishes questioning Gaine. 1:05:36: V: Richard Driscoll (attorney for the defendant) asks Gaine if he had intended to violate the consent judgment. Gaine says no. Driscoll rests his case. Judge James Lynch, Jr. (Suffolk Superior Court) questions the attorneys about the length of their closing arguments. The lawyers agree to finish arguing the case that afternoon. Shots of Driscoll preparing for his closing arguments; of the audience; of witnesses, including Edgar Charles Brooks, Bertha Brooks, and Debra Stewart, entering the courtroom. 1:08:43: V: Driscoll makes his closing arguments. Driscoll reviews the charges against the defendant. Driscoll argues that the evidence does not show Gaine as violating the consent decree. Driscoll says that Gaine is guilty of urinating in a public place; that Bertha Brooks's testimony does not match the incident report taken by MacEachern; that the plaintiffs have an interest in seeing Gaine punished. Driscoll says that witnesses testified to seeing Gaine urinate; that the witnesses did not see Gaine make an obscene gesture or hear Gaine yell at the Brooks. Driscoll says that Gaine did not make obscene gestures or yell at the Brooks. 1:14:03: V: Lynch reviews the charges against Gaine. He reviews the consent judgment signed by Gaine. Lynch reminds listeners that the trial is a non-jury trial. He reviews the dual roles of the court in a non-jury trial. Lynch says that voluntary intoxication is not a defense for a criminal act. Lynch rules that Gaine is guilty of a willful violation of the consent judgment issued by the court on August 19. Lynch charges Gaine with criminal contempt. Driscoll asks for a few moments before the judge issues a sentence. Driscoll confers with Gaine. 1:18:09: Visual: Shots of the audience; of Bertha Brooks in the audience. Limon recommends that Gaine be sentenced to three months in county jail. Jump cut in videotape. Lynch says that he wants to show that "the law has teeth." Lynch says that violations which occur three or four days after a consent judgment has been issued are unacceptable. Lynch says that Gaine should have thought about the consequences of his actions. Lynch says that he would sentence Gaine to the Deer Island House of Corrections if it were possible under the current statute. Lynch sentences Gaine to 60 days in the Charles Street jail. Gaine and Driscoll stand for the sentencing of Gaine. Lynch denies Driscoll's motion for a stay of the jail sentence pending appeal. Gaine exits the courtroom as court is dismissed. The Brooks family and their supporters exchange hugs in the courtroom. Limon congratulates the Brooks. Limon, the Brooks, and their supporters exit the courtroom.
Collection: Ten O'Clock News
Date Created: 09/02/1982