Lawyer for the Kennedys says he thinks charges will be dismissed
Matthew Maxwell Kennedy and his daughter, Caroline, will not get special treatment as the disturbing the peace charges filed against them by Barnstable police move through the court system, Cape and Islands District Attorney Michael O’Keefe said Thursday.
His office will be prosecuting the 52-year-old Kennedy and his 22-year-old daughter in Barnstable District Court, where they each face a criminal charge of disturbing the peace and a citation for violating Barnstable’s noise ordinance.
“It’s a routine noisy-party complaint, but for the fact of who the people involved are. Who they are is generating a lot of noise,’’ O’Keefe said. “They will be treated the same way everyone else is who is facing a noisy-party complaint.’’
O’Keefe said the Kennedys, like any other people facing a criminal charge, can go to trial and call the Barnstable police officers who arrested them to the witness stand, as well as their guests, who might have witnessed the events that led to them being placed in handcuffs.
But, he said, the more common outcome for a noisy-party case on Cape Cod — a common occurrence in the region — is for the criminal charges to be dismissed after the offending party pays court costs or a fine.
“They will be offered the same kind of resolution that doesn’t result in a criminal record,’’ O’Keefe told the Globe.
Robert C. Gottlieb, an attorney representing the Kennedys, said he is confident the matter will be dismissed, “based on the truth of what actually happened and the district attorney’s very good judgment.”
“There’s been a lot that has been reported, and all I can say about that is that there is another side of the story about what happened that night that was not included in any of the police reports,” he said.
The elder Kennedy was arrested early Sunday after he allegedly argued with police who had gone to a house on Irving Road in Hyannis Port after neighbors complained about a loud party, according to a police report filed in court.
During the interaction with police, the elder Kennedy allegedly threw himself into a wall, smashed a shelf full of glass objects, and refused to cooperate when officers tried to handcuff him.
Caroline Kennedy was arrested after she opened the door of the police cruiser her father had been placed; she later admitted she was drunk, according to the police report.
Officer Armando Feliciano wrote that the situation became so tense that he called for backup, out of concern for his safety.
“The small crowd was closing in on us and was out of control,’’ Feliciano wrote. “The actions of both Matthew Kennedy and Caroline Kennedy had incited this crowd into an angry mob.”
Matthew Kennedy was arraigned Monday; he pleaded not guilty and was released on his own recognizance. His next court date is Nov. 22, the same date that Caroline Kennedy is scheduled to be arraigned.