Court Drops Charges Against CPBy Rima Arnaout
ASSOCIATE NEWS EDITOR
The assault and battery complaint brought against MIT Campus Police Officer Michael E. Carey by Toscaninni’s employee Theodore Bell was dismissed at an appeal hearing held at Cambridge District Court in May.
The complaint stemmed from a March 30 incident, when Bell was arrested for trespassing at the 24 Hour Coffeehouse.
According to Bell’s attorney, Mark W. Shea, the two parties came to a resolution that leaves both Bell and Carey officially without guilt. In addition, the resolution means that Bell will be allowed to return to MIT property in six months. Initially he was banned from campus.
In the initial hearing for the assault and battery charges against Carey on April 16, the Cambridge District Court Clerk Thomas Begley deemed that there was insufficient evidence for the complaint to go to trial. Bell appealed the decision and a second hearing was held before a judge a few weeks later.
At the second hearing, Bell and Carey again told their stories of what happened on the night of the 30th. Apparently, Bell was in the back room of the Coffeehouse when Officer Carey and his partner told Bell to leave.
After some discussion, Bell made his way to the exit on the second floor of the Student Center. At this point, according to Bell, Carey threatened Bell’s job at Toscanini’s and Bell stopped to take down Carey’s name and badge number. Carey then forcefully arrested Bell and took him to a local police station. Carey maintains that Bell exited the Student Center and re-entered it before he moved to arrest Bell.
At the second hearing, however, Carey apparently included new details in his testimony. Shea said that at the second hearing Carey admitted that Bell had food with him. Carey also said that he did not ask the Coffeehouse cashier whether she sold Bell food that night. Shea tried to argue at the hearing that Bell was not trespassing because he was a patron of the Coffeehouse at the time he was arrested.
Although after the initial hearing MIT Police said that they would bring a resisting arrest charge against Bell, that complaint was never officially filed.