Trial begins in case of student who photographed cops

COULTER LOEB was in Rittenhouse Square in July 2011 photographing two cops talking to a couple of "transients" - a man and woman who appeared homeless or were camping out.

Moments later, as Officer George Gaspar Jr. was escorting the woman out of the park, Loeb, then a 23-year-old photojournalism student at the University of Cincinnati, asked Gaspar if he could take a portrait of the woman.

Loeb, 27, testified yesterday on the first day of his federal civil trial against Gaspar that the cop said, "No, you have to wait until my business is finished."

Loeb followed Gaspar, and when Gaspar noticed, he turned and walked toward Loeb. What happened next depends on whether one believes Loeb's or Gaspar's testimony.

Soon after, Gaspar cuffed Loeb, put him in a police car and arrested him on a summary charge of disorderly conduct. A month later, the charge was dismissed.

After hearing closing arguments tomorrow before U.S. District Judge Stewart Dalzell, a panel of eight jurors will have to decide whether Loeb was falsely arrested or maliciously prosecuted.

The American Civil Liberties Union of Pennsylvania, the law firm Kairys, Rudovsky, Messing & Feinberg and others filed a lawsuit on behalf of Loeb in June 2013.

Staff attorney Molly Tack-Hooper of the ACLU said in her opening statement yesterday that citizens have the right to monitor and record police doing their jobs.

Assistant City Solicitor John Coyle of the city Law Department, which is representing Gaspar, told jurors that Loeb "interfered with police activity."

Loeb was visiting Philly that summer day, when at 1:16 p.m. he first took photos of Gaspar and another cop talking to the transient couple, who were in their 20s and had some bags and a dog, Loeb testified. The man and the dog left, then the other cop was asked by someone in the park to help another person, leaving Gaspar alone with the woman.

At 1:27 p.m., Loeb took his last photo of Gaspar, standing and talking to the woman, who was gathering her belongings.

Loeb testified that as Gaspar began to escort the woman out of the park, Loeb asked the cop if he could take her picture and Gaspar said no. Loeb said he then began to follow the cop from 20 feet behind, but Gaspar "bumped his chest to mine," Loeb testified.

Gaspar told him to walk away and to stop taking pictures, Loeb said. Loeb said he didn't respond. Gaspar again ordered Loeb to walk away, and Loeb said he then told the cop he was exercising his First Amendment rights and refused to leave. After Gaspar told him a third time to walk away, Loeb said, the cop "whipped me around" and cuffed him.

Gaspar, 55, testified that he doesn't mind being photographed or videotaped. He said that when he was escorting the woman, Loeb "interjected himself in my police investigation of her. . . . He touched her on the shoulder."

Loeb testified that he had not approached the woman.

Gaspar said that when he asked Loeb to step back, Loeb was "very defiant and belligerent." After Loeb refused a third time to move away, Gaspar said, he arrested him.

The trial will not resume today because of the weather.