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.
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.
