Boston.com’s anonymous sports blogger to be unmasked

Screen Shot 2014-03-24 at 7.41.18 PMOn Sunday at 5:11 p.m., The Boston Globe’s free Boston.com site published a toughly worded blog post about Jerry Remy’s future with New England Sports Network.

Headlined “Case closed: Red Sox fans not obligated to pay for Jared Remy’s defense,” the writer argued that NESN had a public-relations problem on its hands following a Globe investigation into Jerry Remy’s son Jared, accused of murdering his girlfriend, Jennifer Martel. The writer also found it ironic that NESN would remove Jenny Dell from Red Sox coverage because of her relationship with third baseman Will Middlebrooks while Jerry Remy stays in the broadcast booth.

And, oh yes, there was this: the writer was anonymous, identified only as the Obnoxious Boston Fan.

I’d never seen an anonymous blog on Boston.com before. And though I agreed with some of the sentiments he expressed in his post about Remy, it struck me as journalistically and ethically inappropriate for the Globe to be giving a platform to any anonymous writers — let alone one who was casting aspersions on others.

In response to my inquiry, David Skok, the digital adviser to Globe editor Brian McGrory, told me by email that Mr. OBF will henceforth be writing under his name. Skok said:

We are in the midst of reviewing all of the content being posted on Boston.com and BostonGlobe.com as we continue to move forward with the relaunch and the separation of the two properties.

During this review process, we discovered that one of our community voice bloggers was posting anonymously on the site. We don’t believe that this adequately meets our journalistic principles and practices for all of our Boston Globe Media Partners properties. As a result, the blogger known as the, ‘Obnoxious Boston Sports Fan’ will be identifying himself in all future posts.

We are also excited to announce that we are bringing several of our best ‘community voices’ on as freelance writers who will go through the standard copy editing process required for all of our freelancers. We believe that these voices are valued contributors to Boston.com and we look forward to giving their work the exposure and amplification that it deserves.

As a result of these changes, we have notified all of our contributors that the community voices program will be ending at the end of the month. We want to thank all of our bloggers for their contributions through the years and we hope that they will continue to be a part of our digital community.

And yes, according to Skok, Mr. OBF made the cut.

Here, by the way, is Boston.com’s Community Voices page. Other than Mr. OBF, Skok did not say who will be staying and who will be leaving.

On Twitter earlier today, Mr. OBF claimed he has won “multiple APSE awards” (and perhaps he has) as well as “a staff Pulitzer.” I have asked Mr. OBF for a response to the news that he will now have to identify himself, and I’ll post it if I hear from him. Regardless, it sounds like we’ll know who he is soon enough.

Update: And here is Mr. OBF’s response (drum roll, please): “Looking forward to it.”

Update II: Originally I wrote that Skok had told me Mr. OBF’s anonymous status had simply fallen through the cracks. I’ve removed it because it was my characterization of what he said, and it seems too close to a direct quote.

Update III: In case you’re clicking to this post directly, I want to let you know about this.

Is Jerry Remy’s broadcasting career finally over?

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Instant update: I am gobsmacked that Remy is in the booth with Don Orsillo right now, Sunday at 1 p.m. That means the NESN announcement did not pertain to today and had nothing to do with the Globe story. Are NESN and the Red Sox really prepared to brazen this out? I guess we’ll find out a week from tomorrow.

It began on Friday with a seemingly trivial item in The Boston Globe’s sports section: Red Sox announcer Jerry Remy would be missing from New England Sports Network for the team’s last two spring-training games, but would be back for Opening Day on March 31.

On Saturday night, we learned the likely reason for Remy’s disappearance from the NESN broadcast booth — a massive, devastating report on Remy’s son Jared, slated for the front page of the Sunday Globe. Although the younger Remy’s notoriety was already well-established because of charges that he murdered his girlfriend, Jennifer Martel, last August, Globe reporter Eric Moskowitz cast the Jared Remy story in a new, horrifying light.

The Globe’s 8,000-word story is fascinating not only because of what’s in it, but because it’s the first time since John Henry bought the paper last fall that its journalism has intersected with Henry’s ownership stake in the Red Sox and NESN. Needless to say, it also has serious implications for Jerry Remy’s career.

Among other things, we learn from Moskowitz that court documents show Jared Remy “terrorized five different girlfriends starting when he was 17” (he’s now 35); that he’s been credibly accused of instigating and taking part in an assault on a high school classmate that left the victim seriously brain-damaged (he later committed suicide); and that he was a longtime abuser of steroids, alcohol and other drugs. (OK, that last part we already knew.)

Worst of all, we learn that Jared Remy was never held accountable — that he was repeatedly given probation and granted chance after chance to turn his life around. And the reason for that, according to Moskowitz’s reporting, was his high-priced legal help, paid for by his enabling parents, Jerry and Phoebe Remy. Moskowitz writes:

Often he benefited from victims who did not want to testify, whether from fear or forgiveness, leading prosecutors to drop the case. But even when cases seemed airtight, judges often rewarded Remy with a nearly free pass — temporary probation without the stain of a guilty finding. Most offenders are lucky to get two such reprieves. He got six.

And on more than 10 occasions while already serving probation or waiting for an earlier case to be resolved, Remy was arrested again on new charges or otherwise ran afoul of the law — a pattern of incorrigibility that would ordinarily get a person locked up.

Former prosecutor Joshua Friedman is quoted as saying Jared Remy benefited more from good lawyering than from having a celebrity father. “You get a high-priced attorney, you get better justice,” Friedman told Moskowitz. “If he had been Jared Smith from a well-off family, he may have gotten the same result.” But Moskowitz’s story leaves little room for doubt that Jerry and Phoebe Remy always erred on the side of leniency with their troubled son, possibly missing opportunities to break the cycle of violence long before Jennifer Martel was killed.

As Globe columnist Yvonne Abraham writes: “Remy wasn’t worthy of one chance, let alone the countless breaks his victims, parents, and judges gave him.”

So what is the likely fallout of Moskowitz’s reporting? Here are three quick thoughts, subject to revision as we find out more in the days ahead.

1. Jerry Remy’s career as a Red Sox broadcaster may have ended today. Remy disappeared from Red Sox games right after Jennifer Martel’s death last August. It wasn’t clear that he would return until January. At that time, Remy said all the right things. But that was hardly enough to inoculate him from stories like the Globe’s.

Remy is a Red Sox legend, both as a broadcaster and as a player before that. He has always been portrayed as a good guy. He’s also a sympathetic character, having overcome lung cancer, depression and other ills. But even though he is not responsible for his son’s actions, the Globe story makes it pretty obvious that his continued presence during Red Sox broadcasts will be an ongoing distraction. It’s time for Remy to go — and to hope that, with the passage of time, he might be able to find some other role.

2. The Globe has definitively staked out its independence from John Henry. Last August, shortly after Henry announced that he intended to purchase the Globe and its related properties from the New York Times Co. for $70 million, Globe editor Brian McGrory took his regular turn on “Boston Public Radio,” on WGBH Radio (89.7 FM). When the subject of how the Globe would cover the Red Sox came up, McGrory told hosts Jim Braude and Margery Eagan, “John Henry would be out-of-his-mind nuts, and I don’t think he is, if he tried to affect our sports coverage. I get the concern. I understand it fully, [but] I’m not going to be asked to change our coverage.”

The Jared Remy story clearly isn’t a sports story, but I take McGrory’s remarks to be all-inclusive. And, yes, Moskowitz’s article did contain some embarrassing details for the Red Sox, which at one point employed him as a security guard — and let him drive the 2004 World Series trophy to an event in the Berkshires. Naturally, Remy got bagged for driving 92 mph on the Mass Pike.

3. But wait. Maybe the Globe is serving John Henry’s interests after all. See Point No. 1. You’d have to be a conspiracy theorist to think the Globe timed this in order to solve one of Henry’s problems just before the baseball season starts. Still, if NESN made a mistake in letting Remy come back, this gives station officials a chance for a do-over.

More: Several people, including John Carroll in the comments, have told me they think the Globe should disclose the John Henry connection every time it reports on the Red Sox or NESN (excluding baseball games) — and there was no such disclosure today. I’ll admit I’ve reached the point where I assume that only the most clueless don’t already know that. But still — it’s a good policy, and it only takes a line.

Photo (cc) by Eric F. Savage and published under a Creative Commons license. Some rights reserved.

The takeaway from the Herald libel verdict

PyleBy Jeffrey J. Pyle

What should we take away from Wednesday’s $563,000 jury verdict against the Boston Herald? As a lawyer who represents newspapers, magazines and broadcasters, I have a few thoughts.

Much of the attention on the case has focused on the provocative words “sexual acts.” That’s how the Herald described what happened between Marinova and her then-boyfriend, inmate Darrell Jones, in the visitor’s room of the Old Colony Prison in Bridgewater in November 2008. The Herald relied on a prison disciplinary report, but failed to mention that the report alleged only that Jones had kissed Marinova and touched her knee. Marinova’s lawyers argued that “sexual acts” means sexual intercourse, and thus the “gist” of the article was false and defamatory. The jury apparently agreed.

But if the only problem with this story had been the explosive description of the conduct as “sexual acts,” this case probably would never have made it to a jury. That is because the prison disciplinary report did, in fact, charge Jones with engaging in “sexual acts” with Marinova. The Herald put quotes around those words and cited the disciplinary report. So why wasn’t the Herald protected under the fair report privilege?

The fair report privilege, of course, is the age-old legal protection that allows the media to report on official proceedings without being held liable for fairly and accurately describing them. It’s an exception to the rule that a “republisher” of a libel (the press) is just as guilty as the original publisher (the false accuser). However, the privilege only applies to official government proceedings or statements, and any description of a proceeding must be fair and accurate.

The Supreme Judicial Court applied this rule in Howell v. Enterprise Publishing Co., where a public employee was fired for having inappropriately explicit images on his work computer. He sued the Enterprise for describing the images as “pornography” and “porn” — words he said were so exaggerated as to be inaccurate. However, a formal charging document against Howell described the images as “photographs and cartoon-style pictures of a pornographic nature.”

The court held that “[w]hether the images were pornographic or not,” the fair report privilege applied because “it was not substantially inaccurate or unfair” of the Enterprise “to report that the official accusation leveled against Howell was that the images were ‘pornographic.’” In other words, even if a reasonable person wouldn’t have considered the images “pornography,” the fair report privilege allowed the Enterprise to report that the town had charged him with possessing “pornography,” and thus the report wasn’t unfair or inaccurate.

By contrast, in Marinova, the jury heard a litany of ways in which the Herald failed to fairly and accurately describe the prison disciplinary report beyond the mere use of the words “sexual acts.” The article said that Jones was “cited” for “sexual acts” with Marinova, but failed to mention that a hearing officer had dismissed the charge, finding that the conduct did not, in fact, constitute “sexual acts.” A report is not fair, the SJC has ruled, if it is “edited and deleted as to misrepresent the proceeding and thus be misleading.” Second, the article suggested that Marinova herself had been “bagged” and “written up” for the acts. She was never charged with anything. In that sense, Marinova had a good argument that the report was inaccurate — that it did not convey a “substantially correct account of the proceedings,” in the SJC’s words. Third, the article said that Rep. Gloria Fox was under scrutiny for “sneaking” Marinova into the prison, even though Marinova, according to her lawyers, had been cleared to visit the prison just two days earlier. The jury found all these statements to be false and defamatory, and rejected the Herald’s argument that its article fairly and accurately described the disciplinary report.

The takeaway for journalists is pretty clear: when you’re reporting on official documents or proceedings, feel free to quote even their most salacious allegations. But, don’t ignore important elements of those proceedings, like a dismissal, or the fact that only one and not two people were charged. When you do, and the article hurts someone’s reputation, it’s easy for even a public figure to win a libel suit. The jury here found not only that the Herald’s reporter was negligent, but that she published the statements with knowledge of their falsity or with reckless disregard for the truth.

Jeffrey J. Pyle is a partner at the Boston law firm of Prince Lobel Tye and a trial lawyer specializing in First Amendment and media law.

Another perspective on the Herald libel suit

Here’s an interesting perspective on the Boston Herald libel suit. In July 2009, the Jamaica Plain Gazette reported that inmates were claiming that prison officials were cracking down on their efforts to reach out to young people as part of an anti-crime initiative. The article includes this:

Recent articles in the Boston Herald that claimed state Rep. Gloria Fox sneaked a woman into prison for illicit visits were incorrect, several sources told the Gazette, confirming a press statement issued by Fox. In fact, Fox also was responding to complaints about retaliation against prisoners, and the false tips that led to the Herald’s articles were part of that payback, according to Hudson and other sources.

“Hudson” is a reference to a prisoner named Mac Hudson. The Gazette story also quoted Steven Kenneway, head of the guards union, as denying that any retaliation had taken place.

The libel suit was brought by Joanna Marinova, an activist who, according to the Herald, was caught engaging in “sexual acts” with an inmate during a visit to the Old Colony Correctional Center in Bridgewater. On Wednesday, a Superior Court jury ruled that the Herald’s story, written by Jessica Van Sack, was false and awarded Marinova about $563,000.

The Herald maintains that its reporting was correct and, in this story, says “it will continue to defend its article and reporter Jessica Van Sack going forward.”

Boston Herald loses libel suit over false prison-sex story

David Frank of Massachusetts Lawyers Weekly reports that the Boston Herald has lost a libel suit brought by a woman who charged the paper had falsely claimed she engaged in “sexual acts” while visiting an inmate at Bridgewater State Prison in 2009. Lawyers Weekly has posted the jury’s verdict form as well.

The plaintiff, Joanna Marinova, was awarded about $563,000 in damages. According to Frank, Marinova’s lawyer, David Rich, “argued that the story was intended to sensationalize a trip that his client and Rep. Gloria Fox made to the prison to investigate alleged incidents of inmate abuse.”

Herald lawyer Peter Biagetti provided a statement to Lawyers Weekly that reads in part: “The article was meticulously researched, carefully written and extremely well-documented. We are proud of it, and of the journalist who wrote it.”

Rich was part of the legal team that represented former Superior Court judge Ernest Murphy, who won a $2.1 million libel verdict against the Herald in 2005.

Disclosure: In 2011 I moderated a panel organized by Marinova on the media and violence.

Click here for a post I wrote about the case in 2011, which included some tough words for the Herald from Superior Court Judge Raymond Brassard.

Click here for a 2009 analysis by Adam Reilly, then of The Boston Phoenix, now of WGBH-TV (Channel 2).

5:10 p.m. update: Stories have now been posted by the Herald, The Boston Globe, CommonWealth magazine and the Boston Business Journal.

Northeastern unveils media innovation program

Screen Shot 2014-03-18 at 5.40.57 PMThis article was published earlier at the Knight Blog.

By Jeff Howe

Like a stock market crash, disruption creates its own brand of delusion. I remember spending an afternoon sipping iced tea in the Beverly Hills backyard of a seasoned music executive. It was 2003. Revenues from CDs had cratered, and the labels couldn’t figure out a way to compete with free. Panic was in the air, but not here. “The music business is booming,” he said. “It’s the recording industry that’s [in trouble].” Propelled by new distribution channels and cheap-but-powerful audio editing software, more musicians were reaching more audiences than any previous time in history. The delusion, of course, was conflating business with creation.

So it is with storytelling. Making money off journalism has become more difficult, but finding passionate audiences for true stories well told has never been easier, or more exciting. Journalists have access to more information, more tools, more mediums and more venues than our predecessors could have ever imagined.

At Northeastern University, we’re changing journalism education to reflect this new reality. The plain truth is that the skills journalists need lie outside the traditional curriculum of journalism. An interdisciplinary grad program isn’t just an option; it’s a necessity. In September, thanks to the support of Knight Foundation, we will launch the Media Innovation Program. We have one goal: to retrain storytellers for the 21st century, whether that means teaching them Web design, social media, data visualization or game theory. We can do this because Northeastern hosts some of the finest instructors in all these fields.

Here’s how the media innovation track program will work for the master’s in journalism: Students attend for three semesters. Before classes begin they will work closely with advisers within the journalism school to propose the project that they will develop throughout their tenure in the Media Innovation Program. Students will identify one domain — the concentration — of study outside journalism, be that business or programming or videography. The majority of his or her classes will take place inside this department. Once a week they will come together in the seminar, an intensive course led by one of our top-notch digital practitioners that helps individual students apply their new skills to their project. In the last semester we will work closely with each student and our publishing partners to place their projects with outlets such as The New York Times, NPR, ProPublica or The Boston Globe.

The early response to the program has been tremendous. When I presented a rough sketch of our ideas at the Future of News conference in December 2012, representatives from several major media outlets said they would be interested in hiring the program’s graduates. However, the Media Innovation Program isn’t just an opportunity for journalists to develop skills that will enhance their work and increase their value to traditional news organizations and new media venues; it’s also a way for the School of Journalism to expand its networks and create deep, meaningful connections with other academic departments and news outlets in Boston and worldwide. We’ve already started offering courses in collaboration with the Art + Design program at Northeastern, as well as Laura and Chris Amico of Homicide Watch. We’re also looking forward to partnerships with organizations such as the Civil Rights and Restorative Justice Project at Northeastern University School of Law.

Our goal with the Media Innovation Program is to empower journalists to think creatively about the future of the news, and provide the tools they need to realize their goals. At the same time, we hope to create a laboratory space that existing organizations can use to explore new ideas and new approaches to journalism. We’re at the beginning of our journey, but we’re excited about the road ahead.

More: The Boston Globe’s BetaBoston site covers the Media Innovation Program here.

Jeff Howe is an assistant professor of journalism at Northeastern University and director of the Media Innovation Program.

Best wishes to Mayor Menino

Tom Menino retirement 2

He’s in his 70s now, and has suffered from serious illness for years. Even so, we were all stunned on Saturday night when The Boston Globe reported that former Boston mayor Tom Menino, just a few months into his working retirement, has advanced inoperable cancer.

It sounds hollow to indulge in clichés like “he’s a fighter” and “he can beat this.” Of course, everyone hopes he responds well to treatment and is able to enjoy a high quality of life for as long as possible.  But I think it makes the most sense to wish the mayor and his family our best and keep them in our thoughts — and prayers, if you’re so inclined — as he begins this final chapter of his life.

Photo (cc) by Eric Haynes for the Office of Gov. Deval Patrick and published under a Creative Commons license. Some rights reserved.

When the news comes from agenda-driven sources

Palestinian refugees in Syria wait for food assistance.
Palestinian refugees in Syria wait for food assistance.

Yesterday morning I was talking with my students about the importance of independence in journalistic ethics. Today The New York Times reports that a photo of Palestinian refugees in Syria has come under scrutiny, with some suspecting the picture is a digitally altered fake.

Perhaps questions would have been raised in any case, but it doesn’t help that the photo was distributed by the United Nations Relief and Works Agency (UNRWA). According to the Times, the photo appears to be genuine, and depicts the brutal reality of everyday life in Syria. But when the news comes from organizations with an agenda, it’s only natural that observers will ask questions.

The UNRWA photo is important and well worth calling to the world’s attention. But with more and more news coming from non-journalistic organizations, the value that journalism can bring is to scrutinize and determine what’s real and what isn’t.