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Women Caught With man in "Port-O-Potty" Violated Restraining Order, Says Police

PORTSMOUTH — A Mass. woman is being held on $1,000 cash bail after she was seen going into a “port-o-potty” with a man who had a restraining order against her, say police.

Beth Mackey, 25, of 88 Hancock Street, Braintree, was arraigned by video from the Rockingham County House of Corrections Thursday on a class A misdemeanor count of violating a protective order. According to an affidavit by Officer Timothy McCain, Mackey came to police attention on June 10 at 8:49 p.m. when a caller reported seeing a man and a woman enter a portable bathroom on a construction site at the old Lafayette School on Monroe Street.

“A passerby reported seeing a male and a female exit a parked car and enter the latrine together,” according to the affidavit. “Due to the time of night and the fact that the construction site was closed to the public, the reporting party believed this was suspicious in nature.”

The couple was found in a car matching the witness description near the construction site and identified as Mackey and a man from whom the district court prohibited her from contacting. Prosecutor Karl Durand said the no-contact order was issued May 29 after Mackey assaulted and bloodied the man with a telephone in a city hotel room.

McCain asked Mackey if she knew she was not supposed to be in contact with the man and she replied, “Yes but they had worked it out,” according to the officer’s report. Because police were unable to get a print copy of the restraining order, Mackey was not arrested at the scene, said Durand.

When a report became available 50 minutes later, officers found her in the same car with the alleged victim parked at a Route 1 Bypass gas station and she was arrested, according to police.

“When we were in the port-o-potty, we weren’t doing anything nasty,” Mackey told Judge Sawako Gardner. “I just had surgery and I was holding onto him. No one wants to fall into a port-o-potty.”

Noting Mackey was on bail and under court orders to have no contact with the alleged victim, the judge set her bail at $1,000 cash and $1,000 personal recognizance. She was also ordered to stay a minimum of 100 feet away from the alleged victim and to return to the court for a July 7 trial.