A 69-year old Jamaica Plain resident who says he was brutalized by Harvard University Police last month has taken his case to the streets, passing out over 5300 leaflets detailing his grievances.

Theodore T. Moynahan says he was taken into custody by Harvard Police at Au Bon Pain, handcuffed unnecessarily and detained in a Cambridge jail for an hour and a half. The June 22 incident left him with back pains that necessitate using a cane, Moynahan says.

Moynahan, who says he will defend himself from trespassing charges in court today, has spent the two weeks since the incident in front of the cafe with a signboard reading, "Harvard Brutalizes 69-Year Old Poet."

Moynahan says he plans to sue the University for $200,000 in personal damages to his back. In addition, he says he plans to demand a written apology from the University and the creation of a police review board consisting of students, faculty, Cambridge residents and police officers.

Harvard Police Lt. Larry Murphy and actingGeneral Counsel Frank J. Connors said yesterdaythat Moynahan has not filed charges against thepolice or the University.

Steven Sment, manager of Au Bon Pain, saidyesterday that he asked Moynahan to leave the cafeon June 22 because Moynahan was conducting apoetry contest on the premises.

"He was soliciting in our cafe. He would notleave," Sment said. "Police asked him three timesto leave."

Moynahan acknowledged that he had beenconducting a contest the day before his arrest,passing out balloons to passersby who couldidentify lines from Keats' "Ode on a Grecian Urn."

But Moynahan said he left the premises on thatoccasion, and that he was not conducting thecontest on June 22. On that day, he says, hedisplayed a sign announcing the contest. ButMoynahan said Sment summoned the police withoutasking the poet to remove the sign.

"They get very rough with people here,"Moynahan said. "They want a disciplined, docilepopulace."

Moynahan said he has had a positive responsefrom the passersby who have heard his story. Amonghis supporters are Howard Zinn, professor emeritusof political science at Boston University, who hasknown Moynahan for twenty years.

"He's a nonviolent, very good-tempered personwho insists on holding onto certain principles,"Zinn said of the poet.

Moynahan was unfairly targeted by Au Bon Pain,Zinn said. "They were being too arrogant," hesaid. "It's a psychology that's detrimental tocivil liberties. [Moynahan] certainly did nothingthat could not be tolerated in a humanatmosphere."

Zinn criticized the University for failing todismiss the trespassing charges against Moynahan."Once Harvard university was apprised of whathappened, they should have insisted the chargesbe dropped," he said. "They're hoping no one willraise a big fuss.