My Day in Court

On June 8, 2021, more than ten months after State Trooper Stanley stopped me along Huron Ave and ordered me to stop painting names of unarmed Blacks killed on the guardrail where we held our nightly BLM vigil, I received ‘Notice of Magistrate’s Hearing on Complaint by the Massachusetts State Police against Paul E Fallon.’ Malicious Destruction of Property; estimated damage $1200; hearing date: 9/22/2021.

After I read the legalese. And my hands stopped shaking. And I resolved myself to several nights and days of confused anxiety. I shared a copy with Peter Gately, a fellow kneeler at our vigil, who is also an attorney.

“I can’t believe the State Police are making a fuss about this. Surely, this will go away.” I said with the intonation of a question.

“Most likely, if you want it to.” Peter replied.

“Why wouldn’t I want it to go away?”

“Because this is harassment. You might want to take a stand.” Peter is a mostly retired attorney with a failing body and a brilliant mind. “Declare you were exercising free speech; refuse to admit any wrong.” He offered to represent me, pro bono. His eyes glistened at the prospect.

“Any chance I would go to jail for this?” Peter’s laugh alleviated my doubt. So I figured, worst case, I’d be out $1200. A worthy gamble for an opportunity to gum up the State Police, a notoriously scandalous organization.

I attended the hearing on 9/22. Trooper Stanley made a statement. I declined. The hearing officer offered to settle the charge if I did not pursue similar behavior for a year. I declined. She simultaneously sweetened the deal to six months, while warning me that the penalty amount could exceed $1200. I could tell she wanted this to simply go away. Yet again, I declined. The court agent acknowledged my right to trial.

I was arraigned in December. The pre-trial hearing was set for February 15, 2022. The first public hearing of the case.

Peter laid out the legal argument thus. Back in the 1960’s, protestors of the Vietnam War argued, successfully, that the only way they could exercise their free speech…