The Boston Phoenix
November 6 - 13, 1997

[Features]

Snapped

Freelance photographer Scott Chasteen claims he was taking pictures of a public rally when the city's top park ranger assaulted him

Cityscape by Sarah McNaught

Scott Chasteen, a 35-year-old freelance photographer, says he was roughed up by a park ranger on the Boston Common. What makes his case especially unusual is that another photographer caught the alleged attack on film.

On October 5, Chasteen arrived at the Massachusetts Citizens for Life's 11th Annual Respect Life Walk for Mothers and Children to photograph the event. He had heard that the Church of Euthanasia -- a radical environmentalist group -- would also be there. The Church, notorious for its agenda of suicide, abortion, and cannibalism (among other things), was sure to make for an interesting article that Chasteen says he hoped to pitch to a local newspaper.

Instead, says the 13-year veteran lensman, he ended up being assaulted by Cornelius "Chuck" O'Connell, principal administrative assistant for the Boston Parks and Recreation Department. In a report filed with Boston police on October 21, Chasteen states that O'Connell grabbed him and choked him with his own camera strap. On Thursday, November 6, the Boston Municipal Court will hear the criminal complaint filed with the Boston Police Department against O'Connell.

Chasteen says he was loading his camera with film as he approached a member of the Church of Euthanasia, who was speaking with O'Connell. Chasteen began photographing the seemingly peaceful discussion, he says, and thought nothing of his actions.

"All of a sudden this guy turns, points a finger in my face, and says, `Did I give you permission to take my picture?' " Chasteen claims. "I told him I didn't need permission, seeing as it was a public rally in a public space -- and that's when he charged over and started choking me with my own camera strap and yanking my head around."

According to the police report, O'Connell said to Chasteen, "Give me that film or I will wrap that camera around your fucking neck."

What neither of them realized at the time was that a member of the Church of Euthanasia was photographing the entire episode. That photographer has provided the Phoenix with those pictures.

"I know some of the pictures may look a bit dramatic, and I won't lie -- I was squealing like a baby because I was trying to get two police officers standing nearby to come over and assist me," says Chasteen. "I knew if I fought back I'd be arrested."

Chasteen says the only thing that got O'Connell to let go was his hollering "I'm a journalist, for Chrissakes."

At that point, according to Chasteen, O'Connell released him and began walking away. "He turned and shouted over his shoulder to me, `Well you didn't identify yourself as such,' " Chasteen says.

"When the police came over, they questioned where my credentials were. What I would like to know is, if I was a tourist just snapping pictures, does that mean Mr. O'Connell would have been within his rights to do what he did?"

"I'm appalled by the escalation of the recent curtailing of free speech on the Common," says John Swomley, Chasteen's attorney. "There is a Constitution which gives people the right to use public spaces despite the personal opinions of those who supervise those spaces."

The Common has long been the one place in Boston where numerous organizations and movements have convened to rally peaceably and make their opinions known. From antiwar rallies in the '60s to the pro-life protests of several weeks ago, the Common continues to be the venue for any movement that wants to reach the public.

However, assembly on the Common has been affected in the past few years by the creation of the Boston Common Management Plan. The plan outlines strict regulations concerning group assembly on the Common, and several organizations have complained that it violates the First Amendment.

Swomley says the plan's complex rules make it easy for park officials to deny organizations the right to free speech and free assembly. As a result, participants in last year's Hemp Fest, along with members of MassCANN, filed complaints against the Parks Department claiming discrimination.

Parks and Recreation commissioner Justine Liff says that O'Connell thought Chasteen was a member of the Church of Euthanasia who was trying to gather evidence of discrimination.

But Liff adds that O'Connell -- who was appointed to his position on January 4, 1989, by former mayor Ray Flynn -- has never had a complaint filed against him. She provided the Phoenix with numerous letters from organizations commending O'Connell for his assistance with rallies held on the Common.

"I'll be the first to say that if a staff member of mine steps out of line, I will do what I can to resolve the matter and ensure it doesn't happen again," Liff says. "But I looked in Chuck's file, and he has done a lot of work with big, unruly groups on the Common without incident."

O'Connell has very little to say about the matter.

"I didn't manhandle him," O'Connell said from his home in South Boston on Tuesday, October 28. "I grabbed the straps of his camera that he kept throwing in my face. That's it. I can't say any more. I've been told not to."

Meanwhile, Chasteen still hopes to have his photos of the rally published, and to add them to his diverse professional portfolio. Over the years, assignments from his agency, Fay Photos, in Brighton, have included photographing Fourth of July festivities for the City of Boston and snapping shots along the campaign trail for Michael Dukakis's gubernatorial run. Chasteen has also photographed the Boston Marathon for the Boston Athletic Association.

Sarah McNaught can be reached at smcnaught[a]phx.com.

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