Thursday, January 2, 2014

ON THE FRONT LINES OF BACKLINE JOURNALISM: A REPORTER'S LIFE IN ST. CROIX, U.S. VIRGIN ISLANDS


AVIS REPORTER ARRESTED


For Taking Photo of Bert Bryan


By Ed Wynn Brant

Managing Editor, St. Croix Avis

Tuesday January 23, 1990 – Suspended Frederiksted Police Capt. Adelbert M. “Bert” Bryan chased a senior St. Croix Avis reporter through the streets of downtown Christiansted yesterday after his photograph was taken. A Virgin Islands Police Department squad car followed and briefly detained the reporter - on the waterfront - and at the police station.

St. Croix Police Chief Delroy Richards has called for a full V.I.P.D. internal affairs investigation into the shocking afternoon incident -- one that local attorneys have called a violation of the reporter's constitutionally-guaranteed rights.

Bryan, facing trial on charges of grand larceny and possession of stolen property on January 31, had his picture taken by the Avis’ John F. McCarthy in front of the U.S. District Court probation office early yesterday afternoon.

After the photograph was taken about 1 p.m. E.S.T., Bryan wheeled around and jumped from the court office steps – chasing on foot after the reporter drove off in his own vehicle.

“Hey, hey, stop!” screamed Bryan as he chased after the slow-moving vehicle. “You can’t do that!”

McCarthy had driven about thirty yards from Government House when he said he heard a police siren and pulled off to the side of the road near the V.I. Tourism Office on the scenic Christiansted waterfront.

About seventy bewildered spectators didn’t know if what they were watching was a made-for-TV movie or real life. They observed a nattily-dressed Bryan on the passenger side of the reporter’s vehicle while two uniformed police officers stood on the driver’s side.

Bryan, a former St. Croix-elected Senator, was using his hands to try to push down the reporter’s automatic windows as they were going up. McCarthy had held his camera out of the open window to snap the picture of Bryan while he was stuck in traffic.

Meanwhile, on the other side of the car, St. Croix police officers Santiago Camacho and George Shurland demanded to know from the reporter who he was and why he wanted to take a photo of Bryan.

McCarthy identified himself as a credentialed reporter for the St. Croix Avis and produced his laminated press card for police inspection.

The identification badge was issued to McCarthy on June 2, 1989 by the Virgin Islands Police Department. It is personally signed by V.I. Police Commissioner Milton A. Frett.

After producing his press badge, Camacho informed the reporter that he needed to ask permission from people first before taking their photograph, otherwise he was in violation of the law.

A fourth official, later identified as Christiansted attorney Lisa Moorhead, seconded the motion that what the reporter had done was a violation of Virgin Islands statutes.

Moorhead is one of three private attorneys defending Bryan in federal court.

Camacho then demanded that the reporter turn over his camera with the film in it.

McCarthy refused, saying that the police would have to arrest him in order to seize his film.

At this point, Shurland said that he had just gotten back from vacation and that he“didn’t want any trouble from the press.” The officer said he was primarily concerned that one of the photos showed he and several other police officers in a downtown Christiansted parking lot with Bryan immediately after the incident.

That Avis photograph was taken about 12:50 p.m. yesterday on the waterfront in front of the V.I. Tourism Office. However, Bryan and two V.I.P.D. officers pictured in the photo have their backs turned to the camera – their faces indistinguishable.

Bryan, Camacho, Shurland and Moorhead then repeated that McCarthy needed to hand over his camera. McCarthy refused again.

“You can keep your camera,” Moorhead stated. “Just let us open the camera and expose the film.”

“If you want to take a photo of me, you ask first,” Bryan added. “Otherwise, ask Ray Fisher.”

McCarthy then asked Bryan if he was referring to Avis staff reporter-photographer Charles“Biggers” Fisher.

“Don’t you be f___ing with me,” Bryan replied.

A still unidentified uniformed female wearing a Virgin Islands National Guard costume and carrying a reporter’s notebook began taking notes and asking McCarthy why he wanted to take a photo of Bryan.

After a third refusal to turn over his camera or film, Camacho said:

“OK, we’re taking you down to the police station.”

Shurland lobbied for McCarthy to be released with just a warning, but Camacho then seized the reporter’s press I.D. badge and informed him that he could retrieve it at the station.

Camacho and Shurland ordered McCarthy to drive to the Anselmo Marshall Command in Christiansted and that they would be following behind in their marked vehicle.

Christiansted has a series of one-way streets, so McCarthy turned right on Hospital Street, then another right onto Company Street, but stopped to enter the Federal Emergency Management Agency’s headquarters near Market Square. With his car locked and engine running and the police obstructed by his vehicle, he persuaded a top official from FEMA’s Joint Information Center to accompany him on his ride to the Zone “C” police headquarters.

Once the reporter and the FEMA official were escorted into the police station, McCarthy asked a female receptionist to call Police Chief Delroy Richards at his Estate Golden Grove Headquarters. The receptionist dialed a telephone number, but quickly stated that Richards was not currently available.

About 1:30 p.m., Officer Camacho was informed by the receptionist that the police chief was on the other line.

McCarthy then heard what he interpreted to be Chief Richards’ voice on the other end of the telephone shouting at Camacho “to let that reporter go immediately! Do you understand me?”

After a brief conference between Officers Camacho and Shurland, McCarthy’s press badge was returned to him and he was instructed that he could leave the police station on his own recognizance.

Chief Richards told the Avis that police will conduct a full investigation of the incident and that it will be paneled by the V.I.P.D.’s four-member Internal Affairs Unit. The unit is composed of two civilians and two police personnel.

“The complaint is a serious one and it definitely merits an internal investigation,”the chief said yesterday. “I will call St. Thomas to see that the necessary investigation begins immediately.”

The incident was witnessed by nearly seventy baffled onlookers and tourists watching from a safe distance on the Christiansted waterfront. McCarthy encouraged witnesses of the event call the newspaper at (340) 712-2300 to inform the managing editor or publisher of the events as they were occurring.

At least one concerned citizen reached newspaper Publisher Rena Brodhurst-Knight by telephone and Business Manager Geralda Pickering traveled from Estate La Grande Princesse to Christiansted’s Times Square area to check on the reporter just minutes after he was released by the police.

“I was detained for a total of about fifteen minutes,” McCarthy told the Avis. He added that he was unharmed during the incident.

Richards, asked if the suspended police captain Bryan had the authority to order police officers to arrest people while he is on suspension said that the former Senator has no more rights or powers than any other citizen.

“He (Bryan) is on suspension without pay pending the trial,” said the police chief. “So as far as the Department is concerned, he is inactive as a police officer.”

Richards acknowledged that if the events that were alleged to have occurred, in actuality did occur, they would constitute a violation of the reporter’s First Amendment Rights under the U.S. Constitution. Local attorneys interviewed – off the record – agreed.

Avis Publisher Rena Brodhurst-Knight called the incident “totally unconstitutional.”

“A news reporter is fully within his rights to take pictures of public figures on public streets,” Brodhurst-Knight said. “Especially when that public figure has been charged with criminal misdeeds.”

Brodhurst-Knight asserted that Bryan seemed to be irked at the Avis for reporting about the former Senator’s October 18, 1989 arrest on felony charges related to post-Hurricane Hugo looting.
“We’re just reporting the news based on courtroom procedures and court documents,” she said. “And anyone who can’t understand that needs to hop the first plane back to Russia.”

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