Libel suit filed over Gloria Fox’s prison visit

Rep. Gloria Fox

The Boston Herald has been hit with a libel suit for the second time this year. The Boston Globe’s David Abel reports that the plaintiff is Joanna Marinova, who accompanied state Rep. Gloria Fox, D-Boston, to the Old Colony Correctional Center in Bridgewater last year.

The Herald published a front-page story on May 28 by Jessica Van Sack claiming Fox had snuck Marinova in to see her boyfriend, a convicted murderer named Darrell Jones, and that Marinova had been “previously bagged for engaging in ‘sexual acts’ with the killer con.” The Herald cited “two prison sources,” both anonymous.

Marinova sued the Herald and WHDH-TV (Channel 7), which also ran the story, saying through her lawyer, David Rich, that the news organizations “blatantly ignored readily available facts that would have demonstrated the falsity of these assertions.”

According to Abel, the Herald declined to respond and no one at Channel 7 would return his calls.

As with a libel suit recently brought against the Herald by Tom Scholz of the band Boston, it makes sense to wait and see what’s in the Herald’s and Channel 7’s official response. In this case, though, Adam Reilly did some reporting last year for the Boston Phoenix that cast considerable doubt on (1) the Herald’s claim that Fox had falsely portrayed Marinova as her aide and (2) that Marinova and Jones had engaged in illicit sex during a prison visit.

Reilly, now a producer with “Greater Boston” on WGBH-TV (Channel 2), noted that Marinova had told the Globe that the so-called sexual contact for which Jones had been punished consisted of Jones touching her knee during a visit. And Reilly pointed to other sources, including Jones’ blog and an official report, that tend to support that version of events.

If the Herald’s and Channel 7’s reporting was wrong, that doesn’t necessarily mean they committed libel. Even though it is Marinova who’s suing, it’s Fox’s involvement that made this a newsworthy story. A judge could rule that because Fox is a public official, Marinova must prove that the Herald and Channel 7 either knew their reporting was wrong or strongly suspected it, yet went ahead anyway — a legal standard known as “reckless disregard for the truth.”

On the other hand, a judge could rule that because Marinova herself is a private person, then she need only prove that the defendants acted negligently.

Looking down the road, I would imagine that Marinova will try to force the defendants to reveal their confidential sources as well.

Needless to say, this will be a very interesting case to watch.

And so they meet again

It’s Howard Cooper versus the Boston Herald, round two.

Cooper, you may recall, is the Boston lawyer who represented then-judge Ernest Murphy in his libel suit against the Herald, which had portrayed him as someone who had “heartlessly” demeaned a teenage rape victim. Murphy won a $2 million-plus verdict against the Herald in 2005. I don’t think Murphy was libeled, but Cooper was able to convince a jury otherwise. Here is more than you’ll ever want to know about that case.

Now Cooper is suing the Herald on behalf of Tom Scholz of the band Boston, claiming that Inside Track reporters Gayle Fee and Laura Raposa fabricated quotes attributed to Micki Delp, ex-wife of Boston lead singer Brad Delp, as well as from unnamed “insiders,” to make it appear that Delp had blamed Scholz for her husband’s suicide.

Courthouse News Service has a detailed account of the suit, though there’s a mistake in the lede — Delp committed suicide in 2007, not 1997. The story is accompanied by a copy of the complaint (pdf). I have not had a chance to do more than skim it, so I’m staying away from any detailed analysis. I do see that Cooper cites Boston magazine’s 2006 story “Gals Gone Wild,” by John Gonzalez, as example of what Cooper calls Fee and Raposa’s “unprofessional, irresponsible and reckless tactics and methods.” For good measure, Cooper calls them “so-called ‘reporters.'”

The Herald has not yet filed a response. Herald spokeswoman Gwen Gage tells the Boston Globe, “We’re aware of the complaint and we will review it. Beyond that, we have no further comment.”

In 2006 Mark Jurkowitz wrote an in-depth profile of Cooper for the Boston Phoenix (via Romenesko). The headline: “The media’s worst nightmare?” At One Herald Square, the answer to that question would be a decided “yes.”

The biggest Boston story in 20 years*

Amy Bishop

The strange case of Amy Bishop is rapidly morphing into the biggest Boston news story in many years — the biggest, perhaps, since 20 years ago, when Charles Stuart murdered his pregnant wife, Carol, and jumped to his death as authorities were closing in.

At first, the story appeared neither to be local nor all that atypical as such things go. Bishop reportedly shot three colleagues to death at a faculty meeting at the University of Alabama, supposedly in response to not having received tenure.

But soon the Boston Globe broke two mind-boggling stories — that she had killed her brother with a shotgun when she was just 18 21 years old, and that she had come under suspicion in the attempted mail-bombing of one of her professors at Harvard University.

(Today we even learn there’s a Northeastern University angle. Bishop and her husband, James Anderson, are said to have met when they were undergraduates at Northeastern. From what we know so far, she apparently was not weaponized during her time as an undergrad.)

I’ve been thinking hard about whether there has been a bigger local story in the post-Stuart years. Yes, the 9/11 attacks began at Logan Airport, but that angle was quickly subsumed into the larger national story. Louise Woodward? A big one, yes, but not nearly as big as this may become.

At moments like this, it always makes sense to think about what we’ve learned from the past and how that might apply in the present situation. The Stuart case, you may recall, was a media fiasco. Nearly everyone went along for the ride when Stuart blamed the shooting on a black man who set up on him and his wife as they were driving home from a childbirth class at Brigham & Women’s Hospital.

In fact, Stuart had shot his wife for insurance money so he could open a restaurant, then shot himself. That neither law-enforcement officials nor the media questioned his initial story set back race relations in a significant way, and stained the legacy of then-mayor Ray Flynn, who’d made racial harmony his top priority.

In the Bishop case, no one is questioning that she shot fellow faculty members on Friday. Still, the fact that she was never charged — never mind convicted — in the earlier incidents ought to give us pause. (The killing of her brother was ruled an accident, though the reasons are unclear. A Boston Herald story about a man who says Bishop threatened him with a gun right after the shooting certainly raises questions.)

The Globe showed a lot of enterprise in digging out those stories about Bishop’s background. But it may be a while before we know how they fit into the larger picture.

*Update: Andy Smith asks, “wasn’t that priest thing kind of a big deal?” Indeed it was, and I’m glad I threw this out there before writing a more-considered version for the Guardian tonight.

Talking back in real time

I’m a huge admirer of Paul Levy, president and CEO of Beth Israel Deaconess, but I can’t pretend I’m in a position to judge the merits of his objections to Gov. Deval Patrick’s proposal to cap medical costs. (Although I do think Levy makes some good points.)

My main reason for posting this is to call attention to the ongoing media revolution made possible by the Internet. Old story though it may be, I think this is an unusually relevant example, and we shouldn’t take for granted the power to talk back:

  • The Boston Globe reports on Patrick’s proposal. For whatever reason, none of the reporters chose to quote Levy.
  • Levy writes what is essentially an op-ed piece in almost-real time, without having to wait for days and be subject to the Globe’s editing process.
  • Levy also links to another account that he believes got it right: an editorial in the Boston Herald.

As for influence, Levy’s blog, Running a Hospital, gets about 10,000 unique visitors a month, according to Compete.com. Obviously the Globe’s circulation is much larger. But how often do you read guest op-eds? Yeah, me too. Levy may well attract as many if not more readers by posting on his blog than if his piece had run in the Globe.

One thing I’ll point out, and, frankly, Levy should have: he is supporting Patrick’s main rival in the gubernatorial contest, Republican Charlie Baker, former head of Harvard Pilgrim Health Care. Levy no doubt thinks that fact is well-known, especially among the specialized audience that reads his blog. But disclosure never hurts, and it often helps.

Turning seed corn into junk food

This will probably be my last post until after Christmas. But I wanted to note that the Standard-Times of New Bedford will erect a pay wall around its Web site starting Jan. 12.

As Jon Chesto of the Patriot Ledger notes, it’s not entirely unanticipated, since the Standard-Times’ owner is Rupert Murdoch, who has launched a crusade against free content. Murdoch’s man in New Bedford is Boston Herald owner Pat Purcell, who says he’ll unveil his own paid-content system sometime next year as well.

Though I think pay walls are a bad idea, the Standard-Times’ system is better than some: you’ll be able to read up to 10 stories a month without paying, which means the paper won’t be completely closing itself off to the outside blogosphere.

Still, it’s hard to imagine that the Standard-Times’ fine Web site, South Coast Today, won’t deteriorate under the new system. It’s a shame, because the paper’s original Web site, www.s-t.com, was a pioneering effort that garnered national attention back in the mid-1990s.

The print edition may well realize some short-term gains — no longer will local readers be able to catch up on news in Southeastern Massachusett for free. But Murdoch and Purcell are turning their seed corn into Fritos.

Photo (cc) by Daniel R. Blume and republished here under a Creative Commons license. Some rights reserved.

Herald series leads to indictment

Federal prosecutors have indicted a Dorchester mortgage-broker on charges stemming from a series of award-winning articles by Boston Herald reporter Laura Crimaldi. She writes:

Dwight Jenkins, 39, of Dorchester was charged in U.S. District Court with using straw buyers and fraudulent mortgage applications to grab $1 million in profits while dumping numerous blighted properties on poor parts of the city.

The series is online here.

A terrifying story about the newspaper business

Outside Bagel World in Peabody
Outside Bagel World in Peabody

There’s an absolutely terrifying story about the newspaper business making the rounds today, and it’s not the one about print circulation falling another 10.6 percent. That’s hardly a surprise, given the continued rush to online — pushed along by papers like the Boston Globe and the Boston Herald raising the price of their print editions.

No, the truly ugly news is a story in the New York Times by Stephanie Clifford, who reports that companies increasingly see newspaper Web sites as a place for premium, special-event advertising, but not for everyday ads. For the latter, they use online networks, which cost a fraction of what newspapers charge.

According to the Audit Bureau of Circulations, the Globe’s daily circulation fell 18.4 percent, and now stands at 264,105. On Sunday, it’s fallen by 16.9 percent, to 418,529. In its heyday, the Globe’s Monday-through-Saturday circulation was more than 500,000, and on Sundays it was north of 800,000.

The Monday-through-Saturday Herald stands at 138,260, down 17.5 percent. The circulation of the Sunday Herald dropped 5 percent, to 95,635.

If you had told me five years ago what the print circulation of the Globe and the Herald would be today, I’d like to think I would have been entirely unsurprised. On the other hand, I know I would have been shocked that advertising revenues had not followed from print to online.

If the eventual end of the recession doesn’t provide some relief to the beleaguered newspaper business, you really have to wonder how this will all end.

Chasing the missing e-mails

Two quick comments on the growing controversy over the missing City Hall e-mails:

  • The Boston Globe has done an impressive job, both in uncovering the fact that Michael Kineavy, a top aide to Boston Mayor Tom Menino, had deleted the e-mails, and in following up. In particularly like the story in today’s paper about the forensics of e-mail recovery.
  • Attorney General Martha Coakley’s quote in the Boston Herald today strikes me as the first misstep of her Senate campaign. “Particularly understanding this is the middle of a [mayoral] campaign, we get lots of complaints from folks who are adversaries who have a particular agenda,” Coakley says.

Whoa. Though it’s certainly true that the e-mails — public records — may prove to be no big deal, it’s also true that they may be related to the criminal probe of former state senator Dianne Wilkerson. Coakley’s going to have to do better than that.

A righteous gotcha

heraldfront_20090902The Boston Herald gives just the right play — that is, most of page one — to state Rep. Michael Rodrigues, D-Westport, who not only traveled to tax-free New Hampshire to buy his booze, but did so in a car with legislative plates. It’s like he was begging to get caught, and he was.

In case you’re wondering, yes, Rodrigues voted to increase the state sales and alcohol taxes recently. Howie Carr calls him “the new Dumbest State Rep.” That’s pretty harsh, but there is, uh, evidence.

More on Rodrigues at Citizens for Limited Taxation.