Defense gets access to investigation materials in arrest probe

Julie Manganis, The Salem News, Beverly, Mass.
·2 min read

Mar. 30—SWAMPSCOTT — A judge on Monday ruled that prosecutors will not be allowed to use information about two prior incidents where activist Ernst Jean-Jacques of Haverhill allegedly engaged in confrontational behavior, when he stands trial.

Lynn District Court Judge Matthew Nestor also ruled that an unredacted copy of an independent investigation commissioned by the town of Swampscott will not be subject to a "protective" order — meaning that Jean-Jacques' attorney will be allowed to share that report with others as he prepares for trial.

The two rulings came during a pretrial hearing for Jean-Jacques, 32, who is charged with assault and battery on a person 60 or older. Police say Jean-Jacques, an activist with the group "Out Now," struck an 80-year-old supporter of now-former president Donald Trump during a Dec. 12 rally and counter-demonstration in Swampscott.

Jean-Jacques and his lawyer have said he was reacting to the woman throwing water on him and meant only to slap the bottle out of her hand.

An independent review of the arrest found that police did only a cursory investigation, with limited follow-up, before arresting the activist. Police also have acknowledged their initial conclusion that Jean-Jacques punched the woman was inaccurate and that at most, he struck her with an open hand — though that, they note, is still a felony.

But the arrest touched off weekly protests outside the small department's headquarters and tensions within the town, which has coped with demonstrations for about a year now.

The demonstrations were originally targeted against Gov. Charlie Baker's response to the pandemic last spring. But they evolved into pro-Trump rallies and began drawing counter-protesters.

During Monday's hearing, Nestor also granted a request from defense lawyer Murat Erkan to have access to recordings of interviews that were conducted by the firm brought in to do the independent review.

Another hearing has been set in the case for June 1. Erkan had requested a trial be scheduled for that day but the judge cited a backlog of delayed trials and said priority in scheduling is being given to those in custody.

Jean-Jacques has been free on conditions of release since shortly after his arrest. His attorney and supporters have pointed to other consequences, including the loss of his job working with elderly people, as reasons to hold the trial sooner or dismiss the case outright.

Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis.

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