NORTHAMPTON POLICE DEPARTMENT

Police Officer’s Incident Report

Incident ID#: 0000———
Incident Desc.: Open and Gross Lewdness
Date & Time Occurred: 04-10-94 0030 hrs
Date & Time Reported: 04-10-94 0045 hrs
D & T This Report.. : 04-10-94 1747 hrs
Principal Party.. : Eugene Ferrari
Address : xxxxx
City & State : Northampton, Ma. 01060
Phone Number : xxxxx
Dom Abuse.. Yes/No : NO
Off. Writing Report : Det. T O’X

Report:On 04-10-94 at approximately 0030 Hrs. I (Det. T O’X) and Officer A. were conducting a plain clothes detail in the downtown area of Northampton. At this time we were conducting a check of the Baystate Hotel for alcohol and narcotic violations.

The Baystate Hotel bar had a large crowd and a live band was performing in the back room. An initial check of the front room located a subject who had several beers in a backpack. These beers were emptied into glasses and then drank by persons at the table. I notified the Owner of the bar Mr. S—. Mr. S— acted quickly in correcting the problem.

Officer A then approached me and advised me that the drummer of the band which was on stage was not wearing any clothing. I then went to the back of the room and observed the drummer to be seated and wearing NO clothing. While the drummer played he stood up several times and played the drums. The drummers genitals were clearly visible both while seated and while standing. The crowd was very rowdie and were engaged in “slam dancing”. The name of the band playing was found to be “Unbanned”.

At this point I decided that the smartest thing to do about the drummer was nothing. Any police involvement would cause serious problems for the crowd and the Officers. While making observations of the crowd I observed Mr. S— to enter the back room. He viewed the band members. Mr S— also made no action in correcting the problem at this time.

Officer A. and I then went outside to the “Shea’s Parking Lot”. From this location you could easily see the naked drummer. The drummer could also be clearly seen along the sidewalk along Strong Ave. At about 0100 hrs the band stopped playing. The crowd began to exit the building. At one point one of the band members looked out the windows which were directly behind him. He then chose to drop his pants and expose his buttocks to everyone standing outside the bar. I acknowledged this act and the subject did it again.

At this point Officer A and I re-entered the bar and identified ourselves as Police Officers. I then obtained the names of the band members.

The drummer was putting on his clothes as we entered the room. I asked for identification and was advised that his license was in his pants which were in Room 1 of the hotel. This subject was later identified as EUGENE FERRARI (DOB 02-08-71) Northampton address listed as xxxxx. Mr. Ferrari explained that he was playing music while wearing a scarf which was pinned onto him. The pin broke and the scarf fell off. Mr. Ferrari stated that the crowd reacted to his being nude so he played the rest of the set while wearing nothing.

The next person I spoke to was Mr. MATTHEW PIERCE (DOB 07-28-69). Mr Pierce lives at xxxxx in Northampton. Mr. Pierce stated that he exposed himself to the crowd outside because he “got carried away”. Mr. Pierce said that he directed the exposure to Officer A and I. He stated that he obviously did not know that we were Police Officers.

The third member of the band was identified as Mr. MICHAEL RUFFINO (DOB 10-23-71) of room #1 of the Baystate Hotel of Northampton. Mr. Ruffino stated that he did not expose himself to the crowd. He then showed me that he was wearing black leather pants. Mr. Ruffino then explained that he almost could not get into the pants, let alone get out of them.

Mr. Ferrari and Mr. Pierce were both advised that they were going to be summoned to court for open and gross lewdness. Both subjects made gestures and drew attention to themselves while in clear view of the public, both members of the audience and passers on the City street.

Mr. S— was advised that an Alcohol Beverage Commission Violation would be filed on Monday. Mr. S— explained that he had NO knowledge that the band was going to expose themselves and he assured that the band “Unbanned” will now be banned from the Baystate Hotel. Mr. S— stated that when he found out that the band member was naked he felt that it would have caused more problems if he had tried to stop it. Mr. S— stated that once the band is on stage he has no control over the band or the crowd.

Paperwork will be submitted for violation and criminal charges.

-- Northampton Police