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Arrested Boaters: Cops Had No Business There

David A. Fink and his longtime fiance Simon V. Kinsella said that they were well within their right to protest when they were picked up outside a Mitt Romney fundraiser.

The two Wainscott men who were claim police assaulted them and violated their constitutional rights and local laws.

David A. Fink and his longtime fiance Simon V. Kinsella said in a statement released Monday that they were well within their right to protest when they were taken in.

The couple was attempting to exercise their rights "under the First Amendment to freedom of speech while scrupulously avoiding the shoreline and any possible perception they were seeking to enter into East Hampton Village or Mr. Perelman’s property."

Kinsella was sailing a 12.5-foot sailboat when Police Sgt. Erickson, he said, "rammed his motorboat into the sailboat, boarded without permission or authorization and assaulted and arrested him."

Police said that the sailboat struck the police boat after Kinsella and Fink were warned not to pass a police line set up to keep boaters away from Perlmen's property.

The couple said the village police were actually outside their jurisdictional boundary at the time of the arrests, which they believe break "centuries-old rules of navigation," laid out in the Dongan Patent of 1686, which gives the East Hampton Town Trustees ownership over ocean beaches and certain open waters. The couple claim Village Administrator Larry Cantwell has confirmed that the police had no jurisdiction over those waters.

But, Cantwell said he didn't give any legal opinion about the arrest. He explained that Fink filed a request on Monday morning under the Freedom of Information Law for certain documents, which related to whether the police have an inter-jurisdictional agreement with the East Hampton Town Trustees for enforcement of areas under owned by the trustees.

"We reviewed those and our response was, 'In response to your FOIL request, no record has been found for the documents requested,'" Cantwell said.

"From the village's perspective, there's a judicial process," he said, adding that any response will be done through the court system, not through press releases.

Village police routinely patrol trustee-owned beaches and waterways, under Town Code. The village police sergeant was on board a town harbormaster boat. Under Criminal Procedure Law, police officer can make a misdemeanor arrest with probable cause anywhere in the state regardless of jurisdiction.

According to police, Fink jumped out of the sailboat after police boarded and swam ashore to the 57-acre estate, known as "The Creeks," where he was apprehended.

But, Fink, who is 64, said he was far from Perelmen's shoreline when officers assaulted him, handcuffed him, forced his head underwater and dragged him ashore.

He said he suffers from ventricular arrhythmia and complained of the condition when taken to police headquarters. Emergency medical technicians were called to the station. According to the pair, EMS personnel found Fink "was suffering from blood pressure so high that the EMS questioned the accuracy of its diagnostic equipment, brought in other diagnostic equipment and confirmed that Mr. Fink’s blood pressure exceeded 200." However, they said Village Police Officer Eben Ball refused Fink’s request to go with Kinsella to Southampton Hospital for emergency treatment.

Kinsella and Fink said they were held in "solitary confinement for several hours while, according to EHVPD Officer Ball, the EHVPD was trying to figure out what law, if any, Mr. Kinsella and Mr. Fink had allegedly broken."

They were charged with obstruction of governmental administration in the second degree, which is a misdemeanor, and disorderly conduct, a violation. Fink was additionally charged with resisting arrest, also a misdemeanor.

The men say the obstruction charge was misused, as they never intimidated police, part of proof required by the statute.

"Apparently, East Hampton Village — which once prosecuted Jerry Della Femina for displaying pumpkins outdoors in October — now considers it illegal to sail or swim in public waters outside the Village on a sunny Sunday in July, at least while flying the Rainbow Flag," the couple said.

Chief Jerry Larsen, who was in uniform on duty at the Perelman estate on Sunday, said he would not discuss the arrests further. "This will all be handled in court," he said on Monday.

He denied Kinsella and Fink's accusation that he was "sipping Mr. Perelman’s Champagne" during the arrests.

eh July 09, 2012 at 10:52 PM
here is another overview and a photo of the two working class "victims" who will no doubt make money off their publicity stunt http://www.thegatewaypundit.com/2012/07/leftie-goons-arrested-after-trying-to-crash-romney-event-crash-into-police-boat-instead/
Mr. Bob Dobalina July 09, 2012 at 11:32 PM
Nobody amongst us should ever argue against ''money out, voters in''. Good thing that wasn't an Obama event. One phone call to the black ops drone team and that entire beach would have been red mist.
Emily Bee July 10, 2012 at 01:05 AM
Fink and his partner should consider themselves lucky they were stopped by local law enforcement at the outer perimeter. Had the SS considered them a real threat, they would have be taken out immediately, sailboat and all.
Michael Hennessy July 10, 2012 at 12:02 PM
Is the village remunerated for the money spent on police protection?
Walter Noller July 10, 2012 at 12:24 PM
What a couple of sniveling snits. First by putting ones' already compromised health in jeopardy, second by challenging the responsibility of the secret service and law enforcement to protect a Presidential candidate and then go and site maritime laws that date back to the 1600's? One can only hope this gets kicked up to a national security issue and let federal agents take care of them, or should we go back in time and just keel haul the two for being idiots. "We're gonna need a bigger boat..."
Solusipse July 10, 2012 at 02:27 PM
Two extraordinarily divergent tales of what happened: 1. Sailboat hits police boat vs. police boat rams sailboat; 2. "Perpetrator swims ashore (a) to protest Romney; (b) to flee vs. assaulted by police and dragged with head underwater to shore; 3. Refuses to go to SH Hospital for treatment vs. denied treatment. Some Rohrschach test! Comments herein reveal more about the commentators than the protagonists and suggest that our public, claiming to love America, have forgotten some of its first principles, not only about free speech but INNOCENT UNTIL PROVEN GUILTY!
Jaguar-Guy July 10, 2012 at 02:39 PM
It was supposed to be a peaceful protest. These dopes cost honest protesters some credibility when they pulled their stunt. Their actions were unnecessary, and the "victims" are opportunists. Sighted Sub - Sank Same.
Ross MacKae July 10, 2012 at 03:17 PM
I can definitely see your all too real point of view, however, this is supposed to be the United States of America, where myself and a multitude of veterans have fought for centuries to defend the rights those two "idiots" were exercising. Over-zealous local police adopting jackbooted thug mentality toward American citizens should not be condoned. I ask all of you this question: If EHTPD was doing their job and protecting the citizens of this Town, why did they not permit a man who EMTs had informed them was in a serious medical condition be taken to the Southampton hospital? Additionally, they denied medical treatment of an East Hampton senior citizen before they had even decided what they were going to charge him with.
Ross MacKae July 10, 2012 at 03:21 PM
Just imagine the mega lawsuit that would have been filed if the 64 year old heart patient they had cuffed and stuffed then denied to be taken to the hospital after the EMTs had informed him his condition was serious had died in solitary confinement.
Ross MacKae July 10, 2012 at 03:26 PM
The real issue is that the Secret Service apparently did NOT think them a real threat and responsibly chose not to act. And No, I can't see the Secret Service who are trained properly over-reacting. The two elderly men would have been professionally taken into custody and given proper medical treatment.
Ross MacKae July 10, 2012 at 03:31 PM
Thank you. Well said. You stated succinctly that which I fumbled and ranted in my attempt to express.
Preliator July 10, 2012 at 03:35 PM
You are also free to be stupid, a trait these two idiots have in abundance, but up to a point when the police man says stop, you stop, or better yet, don't put yourself in a situation where the police have to say stop. These clowns need to be held accountable for their actions and being a fat stupid old jerk is no excuse.
Preliator July 10, 2012 at 04:26 PM
So what are you saying Ross, that these two clowns were correct to ignore the commands of a police officer? Then again that sounds like the mantra of the left; reward bad behavior and punish those who follow the rules.
TerenceQuinn July 10, 2012 at 04:54 PM
Trustees have ownership over the land and bodies of water entrusted to them under the Dongan Patent. They do not have "police powers" under New York State law. Police have the enforcement and policing powers under the law. You would think an attorney and 'brilliant mind' would know that. Duh!
TerenceQuinn July 10, 2012 at 04:56 PM
The two victims are far from working class. Mr. Fink, an attorney, owns a multi-million dollar home on Main Street in Wainscott!
Blake Fleetwood July 10, 2012 at 05:52 PM
I find it highly unusual to say the least that a sailboat would "hit" a motorized police boat. Sail usually has right of way over power boats.
Lynn Kaplan July 10, 2012 at 08:43 PM
I guess my question is, why is it perfectly okay for Obama to be raking in the dough in his fundraising zeal, while Romney is not allowed? What exactly are these two shmucks protesting? A candidate? A fundraiser? Ron Perlman? Georgica Pond? And further, I see all of Broadway and Hollywood sending all their money to the left...what happens when the rest of us can no longer afford the price of Broadway tickets and movie tickets?
Taxes well spent July 10, 2012 at 08:59 PM
i would actually like my taxes to go towards tazing you, so i can get my monies worth : )
Debbie Koons July 10, 2012 at 09:35 PM
If the man was that ill what the heck would he be putting himself in such a stressful situation ?! I believe it was all planned out, now he can screech and scream about police, Romney, right wingers, his rights violated etc....it's how the left operates.
Jaguar-Guy July 10, 2012 at 10:04 PM
I am sure he will sell his story. I think a criminal cannot profit from a crime - or is that limited to murder (any hard-core criminal lawyer out there). Let's hope he is prosecuted to the fullest.
eh July 10, 2012 at 10:07 PM
the article commenting on is the version of the arrested guy - ask the ambulance people who witnessed him faking his injury what they thought about his discusting behavior before you believe someone would deny a guy (even someone faking) medical attention - the guy refused the ambulance transport in front of the EMT's that the cops called to the scene according to witnesses. Ambulance people dont abandon anyone in need -
eh July 10, 2012 at 10:15 PM
kidding about them being working class ....scroll down on the link above and you can see the two "victims" at the bottom of the article ..no doubt they will try to profit from their stunt - those cocktail parties aren't cheap....
eh July 10, 2012 at 10:19 PM
funny thing is these two pulled their stunt in front of dozens of witnesses - the truth will come out ...
Cosmo Kramer July 10, 2012 at 11:00 PM
I love how people think these are the facts. The facts are in the police reports, which are sworn to under penalty of law, as oppose to the words and story created by the clowns. Why were the police overzealous? Because two clowns say so? These idiots got what anyone else who did the same, would have gotten. Glad ehpd is on the top of their game. Another win for the good guys.
Cheryl d. July 11, 2012 at 02:25 AM
WHO if anyone other than pre selected zombies can get anywhere near obowMAO???
Jaguar-Guy July 11, 2012 at 02:36 AM
Read your prior post above and this one and reconcile the two please Ross - no sense.
Ross MacKae July 11, 2012 at 03:28 AM
Preliator, I'll address it in several parts. First, assuming you believe that just because a man is employed in a capacity that entitles him to carry a gun he is more honest or trustworthy than any other American who is not a felon, there are more than one story being reported. If the police officer issued an unlawful order then the citizen was in the right not to comply. (I didn't say it was smart.) What if that same police officer issued you a command to kill your wife? Would you comply? (I realize that is a bit harsh but it is illustrative.) Left? The last time I was accused of being left was when I was in the First platoon in a Company formation. Au contrair, mon ami... The First Amendment's guarantee of free speech is the same guarantee that allows both of us to speak and disagree publicly. Those two have the same right. This following the rules thing, The officers didn't even know what to charge them with when they were detained. "Follow the rules." Was there a public vote restricting the use of the ocean water in front of certain peoples residences? Was any such law enacted by the legislature, signed into law by the Governor, and confirmed by the Court of Appeals? Was the public at large given notice of this restriction to our rights as Americans and New Yorkers? There is something not right when an American citizen is arrested and possibly abused for NON VIOLENT protesting politics.
Ross MacKae July 11, 2012 at 03:43 AM
The facts as sworn to by East Hampton Town Police may not always be the Gospel or Maybe as sworn to by Town Board members. Citizens have fought back in the past [Following the rules] And the cost to us taxpayers for the abuses of power by those officials is in the millions of dollars. ... http://www.nytimes.com/1996/04/28/nyregion/dispute-on-ex-police-officer-ties-east-hampton-in-suits.html?pagewanted=all&src=pm I am not accusing, but I do get alarmed when my fellow well meaning citizens elevate any human being above others simply because of their title.
Preliator July 11, 2012 at 10:46 AM
Won't happen because I would listen to a police officers commands unlike these two knuckleheads.
Taxes well spent July 11, 2012 at 07:17 PM
Ross is obviously a vet so how does any "patriotic" American sit here and call this man Left because he disagrees? Also in no way is any citizen of the US obliged to bow down to commands from the Police that work FOR us, to protect US. THEY SERVE US. because we pay there salary. If you follow commands then you should never call yourself FREE. If you don't stand for equal right to express ones opinion in the form of Freedom speech, then YOU are also ANTI-AMERICAN. Unlike Ross who obviously knows what it is like to stand up for the FREEDOMS our forefathers fought to instill in us all. The almighty dollar has you all cowering to the commands of the Grandmasters of the great Ponzi! Last but not least I am not Left, nor will i ever be right. BOTH are one in the same. 2 sides of the same coin. Obama and Romney both work under the same set of guidelines. they are merely frontmen for the machine that separates us from each other, and you from your wallet. Almost every post here shows this Divide and conquer technique, used for ages....and works like a charm. are you cattle? or are you awake?

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