Promoter Begins Trial on Charge of Obstruction : Courts: Dr. Dream Records publicist insists he was arrested for merely questioning police as to why they broke up a party. He rejected a plea-bargain.

Four months after Huntington Beach police shut down a Dr. Dream Records LP-release party for noise allegations, a publicist for the label who was arrested during the incident continues kicking up his own ruckus.

Nathan Nociar, the Orange-based label’s radio promotion director, was taken into custody on May 24 after persistently questioning police as to why they were breaking up the house party promoting the label’s release of the Swamp Zombies’ album, “Scratch and Sniff Car Crash.” He was arrested on a charge of obstructing or delaying a police officer in his duties.

Nociar, after rejecting a plea-bargain offer, is now on trial at West Orange County Municipal Court.

In July, the court offered to drop the charge if Nociar would pay $50. But he turned down the proposal, insisting that he is innocent and vowing to fight against what he considers police harassment and infringement upon his free-speech rights.

In doing so, Nociar faces a maximum penalty of six months in jail and a $1,000 fine.

“They’re not going to intimidate me,” Nociar said last week, while waiting outside the courtroom for the trial to begin. “Their point is an absurd one. The bottom line is, why should I have to pay $50, or have anything on my record, for one of their officer’s (mistakes)?”

Opening statements in his case are scheduled today, and attorneys in the case expect a verdict by day’s end.

Nociar was arrested at the party at the Huntington Beach home of Sam Lanni, formerly the owner of the defunct Safari Sam’s nightclub and a friend of the Swamp Zombies. The band had played an acoustic concert at the party, which they concluded about 10 p.m., according to reports.

Two police officers showed up about 30 minutes later, ordering the party be ended immediately. Police said the party was loud enough to warrant breaking it up.

Nociar, as the record label’s representative, intervened to ask officers why they were breaking up the party and inquire about their normal procedure for taking such measures. He says the party had quieted down by the time police arrived, so there was no reason to shut it down.

The officers, angered by his questioning, placed him under arrest.

According to Nociar, he remained calm during the entire incident, while an officer belligerently ordered him to disperse the guests at once.

Police have not accused Nociar of being verbally abusive or violent, but say his questioning of their orders amounted to an obstruction of justice.

“Are they saying I don’t have a right to ask them why they came into the place and broke (the party) up?” Nociar asked last week.

Several people who were present during the incident, including other Dr. Dream employees and a journalist, have been subpoenaed as witnesses in the case. However, Nociar’s attorney, public defender Cynthia M. Moreno, said she doubts that any witnesses will be called.

“There doesn’t seem to be much question about the facts in the incident. It’s just a matter of whether (jurors) believe (Nociar) had a right” to query the officers, Moreno said.

Jury selection began Thursday. Both attorneys expect it to conclude today.