Ex-con held after allegedly recording talk with police


State detectives say the man, arrested on two outstanding warrants, illegally taped a meeting.

PITTSFIELD -- An ex-con is being held on $3,000 bail for allegedly secretly recording a confrontation with state police detectives.

Michael L. Green, 39, of Allen Street, went to the Massachusetts State Police Berkshire Detective Unit on North Street about 1:30 p.m. Thursday to complain about being harassed by police the day before, police and prosecutors allege. He allegedly was swearing at Capt. Richard Smith and Lt. Brian Foley.

He was arrested on two outstanding warrants and when taken into custody, Green allegedly was found to be secretly video recording the meeting with his cellphone. In Massachusetts, it’s a felony to sound record someone without first telling them. It also applies to videotaping if sound is being recorded.

When confronted about the video, police said, Green responded: "Damn right, it is recording."

According to Green’s attorney, Ryan D. Smith, state police investigators illegally entered his client’s home without a warrant on Wednesday while trying to serve a subpoena related to the Adam Lee Hall triple murder case. The person they were looking for did not live there, according to Smith, but his client did contact the woman and tell her to go and speak with the police.

The investigators allegedly made statements to Green that made him feel that if he left his house he would be harassed by them, said Smith.

Green went to the station to file a complaint and allegedly didn’t realize his phone was recording. His attorney said Green believed the entire scene was being recorded by the police surveillance cameras and that was what he responded to when questioned by police, not that he was personally recording the incident.

Green pleaded not guilty in Central Berkshire District Court on Friday to a single felony count of attempt to unlawfully wiretap.

He is also facing charges of felony vandalizing property for allegedly damaging the front door of his ex-girlfriend’s Melville Street home in February in an attempt to get inside.

In April, he allegedly attacked the same woman. Police said he threw a wooden chair at her, punched her in the head twice, twisted her arm and threw her phone when he thought she was calling the police. He has denied those charges.

In that case he was charged with two counts of assault and battery, single counts of assault with a dangerous weapon and witness intimidation.

The Berkshire District At torney’s Office said Green has a long criminal record and has served prison time for a charge of assault to murder.

Judge Fredric D. Rutberg ordered Green held at the Berkshire County Jail & House of Correction on $3,000 bail. The defendant is due back in court on Jan. 15.

To reach Andrew Amelinckx:
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