Byram man complains about police attention

By Martin B. Cassidy
Staff Writer

December 29, 2007

Police will conduct an internal affairs investigation into a complaint by a Byram merchant and town legislator who alleged yesterday four officers illegally targeted his North Water Street flower and gift shop Thursday evening to stifle him from criticizing them on a local radio program.

Brian Harrod, 46, of 161 North Water St., filed a one- page complaint yesterday morning and said four officers entered and searched the floral shop in the building where he lives around 6 p.m. Thursday and searched it after he called police twice to ticket an illegally parked car outside the store.

Greenwich Police Capt. Michael Pacewicz said the department had received the complaint from Harrod and that it would be investigated and the officers disciplined if warranted.

Harrod said he believed the police visit to the store was suspiciously timed because it came hours after he posted on his blog that later in the day he would call "Greenwich Matters," a WGCH call-in show hosted by Sam Romeo that airs from 6 p.m. to 7 p.m. Thursdays, to complain about police coverage of Byram.

"It's just not kosher to use selective enforcement tactics because of somebody exercising their First Amendment rights," said Harrod, a District 4/Byram Representative Town Meeting of Greenwich delegate elected this fall. "You don't come after a store because of free speech."

Pacewicz said an officer went into Harrod's store around 6 p.m. after ticketing the car to investigate "going out of business" sale signs displayed by Harrod for an extended period.

The police report indicated the officer decided to talk to Harrod about his previous concerns since the parking complaint had brought him to the neighborhood, Pacewicz said.

The duration and conduct of going out of business sales are regulated by law, Pacewicz said, and state and local permits are required because unscrupulous operators exploit them as an emotional ploy to lure bargain seekers into their stores on false pretenses.

The officer had observed going out of business signs at Harrod's store over almost a year, Pacewicz said.

Police did not cite Harrod for any violations, but will consult with the state Department of Consumer Protection to determine if Harrod is breaking the law, Pacewicz said.

"As we do with all complaints, we will look at this one individually and investigate it appropriately," Pacewicz said.

Pacewicz said he had yet to determine the number of officers on the scene, but that a supervisor was called by the first officer on the scene to determine how to ticket Harrod for the signs.

While he said he was not dismissing Harrod's belief in a police animus against him, Pacewicz said police summon supervisors if they are unsure what charges to lodge or infractions to issue.

Queries about signs that are regulated by law is a regular part of police work in Greenwich, Pacewicz said.

"I don't know all the circumstances. The officer inquired whether Harrod had the proper permits and had seen the sale signs there on an ongoing basis," Pacewicz said. "There are things police officers observe over a period of time that they follow up for investigation. That's good police work."

In his blog, Harrod criticizes police and other town agencies for allegedly overlooking Byram's needs and police know him firsthand from his ongoing complaints about illegally parked cars on North Water Street and other nuisances such as a drunk who sits in a parked car tippling all day, Harrod said.

One entry dated Thursday on Harrod's blog at greenwichroundup.blogspot.com praises rank and file officers, but said a lack of supervision hurts enforcement.

"I personally believe that there are many outstanding officers in the Greenwich Police Department, but the management of those officers is a joke," Harrod writes. "Windows get smashed, tires get slashed, mirrors get knocked off cars, while the Byram police officer just sits on US1 looking for broken taillights on cars."

Harrod goes on to say he will call "Greenwich Matters" Thursday night.

"Tonight, I am going to call Sam Romeo again and complain about the poorly managed police officers who are responsible for patrolling Byram," Harrod writes. "I am especially going to complain about the 4 to Midnight shift when most of the vandalism occurs."

The same day, Harrod had a blog entry ridiculing Greenwich Police Chief David Ridberg for appearing too sensitive on WGCH when discussing the Andrew M. Kissel murder investigation.

Ridberg said this week that investigators in the case had never publicly said they believed that Kissel hired his own killer, a theory which Lindy Urso, an attorney representing a potential suspect, said police have focused on.

"Thin-skinned Police Chief David Ridberg is all over the WGCH airwaves attacking attorney Lindy Urso for questioning police tactics and suggesting that Greenwich Police might want to pursue other leads," Harrod wrote.

Pacewicz said he did not know about the blog.

According to Harrod, the officers entered the store and indicated the illegally parked car had been ticketed, and they were now concerned about the various signs Harrod was displaying.

Harrod said one officer told Harrod he was "the pot calling the kettle black" to report the parking problem while displaying the signs, Harrod said.

Harrod removed the "going out of business" style signs displayed at the store when police asked him to, Harrod said.

During the incident, police walked uninvited into non-public areas of the store, including a rear storage room and behind the counter, Harrod said. They did not open drawers or boxes during the search, he said.

"I believe in a coincidence as much as the next person," Harrod said. "If a policeman just so happened to notice my signs, there wouldn't be four policemen in my store. They would have just written me a ticket or arrested me."

Copyright © 2007, Southern Connecticut Newspapers, Inc.