Charge dropped in Stamford free speech case

NOTE: photo has been altered to take out offensive language. Michael Picard, of Hartford, held a sign outside the Stamford courthouse and the police department Thursday, April 26, 2018. in protest of a friend's arrest for interfering with a distracted driving checkpoint earlier this month. less NOTE: photo has been altered to take out offensive language. Michael Picard, of Hartford, held a sign outside the Stamford courthouse and the police department Thursday, April 26, 2018. in protest of a friend's ... more Photo: Contributed Photo / Contributed Photo Photo: Contributed Photo / Contributed Photo Image 1 of / 3 Caption Close Charge dropped in Stamford free speech case 1 / 3 Back to Gallery

STAMFORD — A judge dismissed a breach of peace charge against a Hartford man arrested by Stamford police Chief Jon Fontneau for carrying a sign protesting his department’s perceived disregard for free speech rights.

But the dropped charge against Michael Picard, 29, may not be the end of the matter, his attorney Joseph Sastre said.

“I think a lawsuit would be warranted,” Sastre said after the court hearing Thursday morning, suggesting that he might sue the police department, and Fontneau, in court. “If a lawsuit is what it takes to get the chief of police to stop trying to stifle people’s free speech, then that is what it is going to take.”

Picard was arrested on April 26, after he carried a sign reading “F*** Free Speech - Stamford PD” from the courthouse to the front steps of the police station next door on Bedford Street.

Picard, who calls himself a “liberty activist” was protesting the arrest of a friend who a few weeks earlier had warned motorists that the police department was holding a distracted driver checkpoint on Hope Street.

After he arrived at police headquarters, according to the arrest report, Picard was standing on the front steps to the police station and jumped in front of a pedestrian. Picard disputed that account. The sign displayed “offensive and indecent language,” the report said.

The report also said Fontneau contacted Stamford State’s Attorney Richard Colangelo, who advised the chief that Picard was in violation of the breach of peace statute.

Assistant police Chief James Matheny said he was disappointed by court development.

“We thought we had probable cause to make the arrest and consulted with the Stamford State’s Attorney. Clearly that is a disappointment to us. Mr. Picard was acting in a manner that we deemed to be in appropriate and illegal, therefore, we made the arrest,” Matheny said.

The dismissal of the charge came after Assistant State’s Attorney Michael Nemec’s motion to nolle the charge was granted by Judge Lisa Egan. Getting a nolle allows the charge to be dismissed 13 months later. Sastre than asked the judge to dismiss the charge, which she did.

Sastre said he thought it was a just outcome for the case.

Speaking of the decision to drop the charge, Sastre said, “It is delayed. It should have happened a lot sooner like the last time we were here because it is plain to see there was no evidence. There was no law violated and I don’t think the Stamford State’s Attorney should have thrown his hat into the ring here by telling the chief of police to arrest Michael.”

Picard, who is an open-carry supporter and protests DUI checkpoints around the state carrying similar signs, agreed.

“I think they have proved my point right along that they don’t care for free speech,” he said.

Asked if he was willing to go through the arrest and court process again he said, “I will be protesting wherever there is oppression.”

jnickerson@stamfordadvocate.com