Don’t Watch The Watchersby Doug Mataconis
A lawyer in Massachusetts faces wiretapping charges for recording a drug arrest on his cell phone:
A 2006 graduate of New England School of Law will stand trial on Jan. 29 in Boston Municipal Court on charges of wiretapping, aiding an escape and disturbing the peace for allegedly using his cell phone to record the arrest of a 16-year-old juvenile in a drug case.
The matter, which stems from an Oct. 1 incident, has drawn the ire of local legal heavyweight Harvey A. Silverglate — who has penned an op-ed on the case for the Jan. 28 issue of Lawyers Weekly — and others who worry about the consequences for “concerned citizens” who choose to record possible police misconduct.
According to a police report obtained by Lawyers Weekly, Officer Peter Savalis alleges that attorney Simon Glik was walking in the Boston Common at 5:30 p.m. when he used his phone’s camera to videotape him and two other officers investigating a teen.
“[He] reached out and placed his arm into the officer’s way and held out a phone,” according to Savalis’ police report — an accusation that Glik denies.
The report then states that the Moscow-born lawyer, who graduated at the top of his NESL class and was on the law review, walked around the officers and continued recording the scene.
When one of the officers asked if he was using audio and video on the phone, Glik reportedly said: “I sure am using audio.”
The officers were not amused with the response and handcuffed and arrested the 31-year-old, who has aspirations of being a prosecutor.
And now the prosecutors, instead of dismissing what is clearly a bogus charged filed by a pissed-off police officer, are going ahead with prosecuting Gilk for committing the “crime” of filming the police in the performance of their official duties while in a public place.
The moral of the story — Big Brother is watching you, but don’t watch Big Brother