Tag: Boston magazine

The Karen Read case shows why we need a shield law; plus, a State Police outrage, and Trump and the press

Massachusetts is one of eight states with the weakest level of protection for journalists’ confidential sources and materials

Prosecutors in the Karen Read murder trial are asking that a judge order Boston magazine to turn over unredacted audio recordings, notes and other materials stemming from a story about the case written by reporter Gretchen Voss that was published in September 2023.

The request raises some uncomfortable questions about freedom of the press. Kirsten Glavin, reporting for NBC10 Boston, writes that the magazine’s lawyer has argued previously that journalists have a right to protect off-the-record information. But that right — known as the journalist’s privilege — is tenuous in Massachusetts.

According to Glavin, Judge Beverly Cannone had previously granted access to audio of Read’s on-the-record interviews with Voss. Now the prosecution is seeking the full, unredacted recordings, which would include off-the-record statements by Read.

Michael Coyne, NBC10’s legal analyst, is quoted as saying that the prosecution’s strategy appears to be aimed at finding contradictions in what Read has said about the circumstances surrounding the death of her boyfriend, Boston police officer John O’Keefe. “The more information they gather, the more likely they’re going to start to uncover inconsistencies in the story and the like, and that’s all going to help them ultimately prove their case at trial,” Coyne said.

Read is accused of driving over O’Keefe while drunk and leaving him in a snowbank to die. She and her supporters contend that O’Keefe was beaten up in a nearby house and then dragged outside. Her first trial ended in a mistrial, and she is expected to be retried early next year.

The U.S. Supreme Court ruled in the 1972 case of Branzburg v. Hayes that the First Amendment does not provide for a journalist’s privilege and that reporters, like ordinary citizens, must provide testimony in court if ordered to do so.

At the state level, 49 states recognize some form of a journalist’s privilege, either through a shield law or judicial rulings. In Massachusetts, the privilege is based on the latter, as efforts to enact a shield law over the years have not gone anywhere. According to the Reporters Committee for Freedom of the Press, that places the Bay State among the eight states with the weakest protections for reporters seeking to guard their anonymous sources and off-the-record materials.

Not even shield laws provide absolute protection for the press. Nevertheless, such a law in Massachusetts is long overdue.

That will be $176k, please

In another case that raises concerns about freedom of the press in Massachusetts, Kerry Kavanaugh of Boston 25 News reports that the State Police have told the station it will have to fork over some $176,000 for records about the State Police Training Academy — and that’s just so the scandal-ridden agency can review those records to determine if they are public or not.

“Again, please note that the majority of the responsive records may be exempt in their entirety from disclosure,” the agency told her in a response to her public records request.

Kavanaugh, an investigative reporter and anchor for Boston 25, writes that the station began seeking the records following the sudden death of Enrique Delgado Garcia, a recruit who collapsed while taking part in a boxing match that was part of his training.

She also quoted Justin Silverman, executive director of the New England First Amendment Coalition, as saying:

We shouldn’t have to pay almost $200,000 to get this information. These are our tax dollars that are being spent on the state police training program. And we have a right to know whether or not that program is operating safely or whether it’s just teeing up another tragedy to occur somewhere down the road.

The state’s public records law is notoriously weak. In 2017, though, Gov. Charlies Baker signed into law a reform measure that, according to the ACLU of Massachusetts, “set clear limits on how much money government agencies can charge for public records.”

By demanding nearly $200,000 merely to screen its records to make its own determination as to whether they are public or not, the State Police may be in violation of that provision.

Kavanaugh writes that rather than paying the outrageous fee, her station is working with the State Police and has filed an appeal with the secretary of state’s office.

Journalism in the Age of Trump II

What will be the fate of journalism in the Age of Trump II? Poynter Online media columnist Tom Jones asked several folks (including me) what role the press played in Trump’s victory over Kamala Harris and what the next four years may look like. I think this observation from NPR TV critic Eric Deggans is especially on point:

The bubble of conservative-oriented media has distorted what many people even believe is fair news coverage and increased the amount of misinformation and disinformation in the public space. But I think one of the biggest problems facing mainstream news outlets now is the belief among nonconservative consumers that coverage of this election cycle let them down by “sanewashing” and normalizing Trump’s excesses. Traditional journalists who have already lost the confidence of conservative consumers are now facing diminishing trust from the news consumers who are left, which is not a great combination.

 

A Mass. judge weighs whether to compel a journalist to turn over her interview notes

Photo (cc) 2017 by Allen Allen

An important press freedom case is playing out in a Dedham courtroom, where a prosecutor has asked a judge to force a reporter for Boston magazine to turn over her interview notes.

The magazine reporter, Gretchen Voss, wrote a lengthy article last September about Karen Read, a Mansfield woman who’s been charged with second-degree murder in the 2022 death of her boyfriend, Boston Police Officer John O’Keefe. The case is massively complicated and has become emotionally fraught, as supporters of Read have accused authorities of staging an elaborate coverup. Essentially, though, Read has been charged with running over O’Keefe with her SUV while under the influence of alcohol and leaving him to die in a snowbank. Read and her supporters counter that O’Keefe was severely beaten inside the Canton home of a fellow officer and dragged outside, where he died.

Ironically, a hearing into whether Voss would be compelled to turn over the notes of her interviews with Read was held on the same day that Congress took a rare bipartisan step toward granting journalists the right to protect their sources. More about that below.

According to an account by Ivy Scott and Travis Andersen in The Boston Globe, Norfolk District Attorney Michael Morrissey has asked Superior Court Judge Beverly Cannone to demand that Voss cooperate with the prosecution by producing her notes of what Read told her off the record. Voss replied that she would be willing to testify about the article that Boston published, but that going beyond that would be a violation of her First Amendment right to protect her sources. The magazine’s attorney, First Amendment lawyer Robert Bertsche, said the prosecution was demanding that Voss help them compile evidence to help with their case, “which was outside the scope of the law,” as the Globe summarized Bertsche’s argument.

“You can be sure if Karen Read confessed in her interview with Gretchen Voss,” Bertsche added, “that would have made it into the article.”

The Globe also quoted Assistant District Attorney Adam Lally as saying that there is “no reporter privilege in the Commonwealth of Massachusetts.” That’s true, but it’s also complicated.

Massachusetts is one of 49 states that offer some protection to journalists to protect their sources, either through a shield law or rulings by their state’s courts. (Wyoming, by the way, is the sole exception.) There is no shield law in Massachusetts, nor has the state’s Supreme Judicial Court ever ruled that there is a reporter’s privilege. But according to an overview compiled by the Reporters Committee for Freedom of the Press (RCFP), the courts in Massachusetts have recognized that journalists may have a limited right to protect their sources. The overview begins:

Massachusetts does not have a shield law, and the Supreme Judicial Court of Massachusetts has not been willing to recognize a reporter’s privilege under either the Massachusetts or U.S. Constitution. Nevertheless, Massachusetts courts have been willing to use a common law balancing test based on general First Amendment principles to protect reporters’ confidential sources in some circumstances.

That balancing test is about as good as it gets in any state, since the reporter’s privilege is not absolute. Way back in 1972, the U.S. Supreme Court ruled in Branzburg v. Hayes that the First Amendment provides no such protection, although the convoluted ruling suggested that judges should balance concerns about press freedom with the need to compel testimony. What will happen in the Karen Read prosecution is that Judge Cannone will decide whether the information Voss has is so important to the case, and unobtainable from any other non-journalistic source, that she should be compelled to turn it over.

A complicating factor is that no journalist would cooperate with such a demand, leading to the possibility that Voss could be held in contempt of court. One of the more notable Massachusetts examples of that took place in 1985, when WCVB-TV (Channel 5) reporter Susan Wornick narrowly avoided a three-month jail sentence when the source she was protecting in a police corruption case came forward and agreed to cooperate with the prosecution.

As anyone who’s been following the Karen Read case knows, I’m only chipping away at a tiny piece of it. Also on Thursday, Read’s lawyers argued that correspondence between District Attorney Morrissey and the U.S. attorney’s office should be made public and that Morrissey should be disqualified. Federal authorities are investigating how the district attorney’s office has handled the case, although the nature of their investigation has not been made public.

Finally, blogger Aidan Kearney, who goes by Turtleboy, and who has taken Read’s side, is currently being held in custody on charges of witness intimidation and domestic assault and battery. Kearney and his supporters claim those charges were filed in retaliation for his crusade on Read’s behalf.

As I wrote up top, all of this is playing out against the background of a positive step taken by Congress. Despite the existence of some shield protections in 49 states, there is no shield law at the federal level. On Thursday, though, the House unanimously passed the PRESS Act, which the the RCFP describes as “a bipartisan federal reporter’s shield law that would protect journalists from being forced to name their sources in federal court and would stop the federal government from spying on journalists through their technology providers.” The sole exceptions, according to a summary of the bill, would be in “limited circumstances such as to prevent terrorism or imminent violence.”

Given that the Republican House was able to act for all its dysfunction, there would appear to be reason for optimism that the Senate will approve the measure as well.

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BoMag and the Globe offer dueling theories about who shot David Ortiz

David Ortiz celebrates the first of his three championships with the Red Sox. Photo (cc) 2013 by Colin Steele.

Boston magazine and The Boston Globe published dueling stories over the weekend that recount the 2019 shooting of Red Sox legend David Ortiz.

The Boston magazine story, by Mike Damiano, appears to have been many weeks, if not months, in the making — it’s a rich, deeply reported story about Ortiz’s life in the Dominican Republic and his complicated family situation. The Globe article, by Bob Hohler, may have been assigned (or least put on the fast track) in reaction to  BoMag. It’s a newsy account of that attempts to get to the bottom of who ordered Ortiz’s shooting, and why.

By all means, read both. But by far the most interesting detail is the dueling theories about the role of a major drug trafficker, César Peralta, known as “The Abuser.” According to the Globe’s account, former Boston police commissioner Ed Davis, who was hired by Ortiz to investigate the shooting, Peralta is in fact the guy who ordered the hit. Hohler writes:

Davis, disclosing his findings for the first time, said the powerful and politically connected drug lord César “The Abuser” Peralta came to feel disrespected by Ortiz, prompting him to place a bounty on Ortiz’s head and sanction the ragtag hit squad that tried to kill him.

“Peralta said he had David shot,” Davis said in an interview, citing information that he said US law enforcement officials gathered and shared with him.

The BoMag story, on the other hand, all but rules out Peralta as having any role. Here’s what Damiano has to say:

As I, too, tried to get to the bottom of what caused the shooting, I found that the closer I got to people with genuine knowledge of the Santo Domingo underworld, the more skepticism I heard about the love-triangle theory and any possibility of Peralta’s involvement. One man I spoke with who knows many of the men in Peralta’s circle, as well as some of the men accused of involvement in the shooting, said that the theory was bunk. No part of it added up, he said, and hardly anyone in his neighborhood — Herrera, a hot bed of Dominican drug trafficking — believed it.

The two accounts also raise some questions about access. The Globe’s owner and publisher, John Henry, is also the principal owner of the Red Sox. Davis is a security consultant for the Globe. It does not appear that Davis shared his theory about Peralta with BoMag.

Both stories dismiss the widely mocked theory put forth by Dominican authorities that Ortiz was the victim of mistaken identity.

The conclusion I took away from Damiano’s and Hohler’s reporting was that we may never know who ordered the hit on Ortiz. I’m just glad he’s still with us.

Footnote: I’m told that Damiano has been hired by the Globe.

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Kirk Davis, former No. 2 at GateHouse Media, will run Boston and Philly magazines

Kirk Davis, the former No. 2 executive at GateHouse Media, has been named the president and chief executive officer of Boston and Philadelphia magazines. Don Seiffert of the Boston Business Journal has the story. What follows is the text of a press release from Metro Corp. Publishing, which owns the two magazines.

Philadelphia, PA., May 18, 2021—Metro Corp. Publishing today named Kirk Davis as its new president and CEO, effective June 1. Davis formerly served as CEO of GateHouse Media and is also a non-executive director of The Associated Press.

He succeeds Nick Fischer, who has served as interim CEO for the past year.

David Lipson, Chairman and third-generation owner of Philadelphia and Boston magazine with his two siblings said, “We are very grateful to Nick for his outstanding stewardship of our company through this difficult period. Nick rapidly mobilized our entire organization to address one of the most challenging environments our industry has ever faced. Through Nick’s leadership and emphasis on working together as one team, we have not only maintained our standards of delivering exceptional content to our cities but have also returned to profitable growth. Looking ahead, in Kirk we have a highly respected industry leader to build on our proud history of serving the great cities and suburbs of Philadelphia and Boston. Kirk is a proven innovator with a commitment to local journalism, which is very exciting!”

“I’m excited to lead these storied brands. The staff has done extraordinary work throughout the past year as evidenced by receiving 32 award nominations in the City and Regional Magazine Association (CRMA) national awards competition, said Davis. “I look forward to collaborating with the staff, getting involved in our cities, and accelerating the company’s growth and innovation initiatives. At my last company, we were successful in building a digital advertising agency, “live” events division, and consumer marketing agency. That work is relevant here, so this is a great fit.”

Davis, 59, worked for GateHouse Media for 13 years, being named New England president in 2006, parent company president in 2009, and served as chief executive officer from 2014 through 2019. GateHouse Media was the second-largest regional publishing company in the United States.

A Massachusetts resident, Davis has served as a non-executive board member for The Associated Press since 2015. In the past year he has served as board chairman for a Nashville-based startup, Power Poll, and as an executive advisor to the board of Madras Global, a digital agency serving marquee brands throughout North America, Europe, Australia New Zealand and India.

Metro Corp. is a regional media company and publisher of Philadelphia Magazine and Boston Magazine.

Somehow, the Boston Herald keeps on keeping on

Screen Shot 2016-05-30 at 10.24.51 AM
Murdoch to the rescue: December 3, 1982

Chris Sweeney has written a sharp piece for Boston magazine on the state of the Boston Herald, the city’s number-two daily. As is generally the case with stories about the Herald, the overarching theme is: How much longer can the struggling tabloid cling to life?

And yet I wonder if that’s the right question. For a decade starting in the mid-1990s, I covered the Herald‘s ups and downs as the media columnist for the Boston Phoenix. If I had a dime for every person who told me the Herald had six months to live, I’d be a very rich man. Sadly, it was the Phoenix that didn’t survive.

As Sweeney notes, the Herald these days seems more like an extension of its online radio station than a standalone newspaper. Nearly two years ago editor Joe Sciacca gave me a tour of the paper’s new headquarters in South Boston, and I was impressed with what I saw—especially the amount of space devoted to multimedia and to the modern radio facilities.

My WGBH colleague Jim Braude tells Sweeney that not many people may be listening to Boston Herald Radio (OK, Braude’s actual quote is “I don’t think anyone listens”). But Braude also points out that it’s given the Herald a jolt of relevance in terms of high-profile guests like Mayor Marty Walsh, Governor Charlie Baker, and Donald Trump, whose appearances can then be written up and tweeted out.

Unfortunately, none of the top three executives at the Herald would speak with Sweeney, a group that comprises publisher Pat Purcell, Sciacca, and executive editor John Strahinich. It would have been useful to get some insights from them regarding the Herald‘s current business model. Not that I’m faulting Sweeney—I’ve been there. And his description of trying to get Strahinich to talk is pretty amusing.

But even though print circulation has shrunk precipitously and print advertising revenue is presumably scarce, the Herald does have some strengths. Sweeney does not report the size of the staff, but it’s small and therefore affordable. The sports section is very good. The website is slow and frustrating, but the third-party mobile app is excellent—and includes one-click access to Herald Radio. Purcell made a lot of money selling off the old headquarters in the South End; the Herald is now printed by the Boston Globe, which means that its larger competitor has every reason to keep its rival breathing.

So how long can the Herald survive? Keep those dimes rolling in.

Boston magazine shrinks, restructures

I’ve been preoccupied with The Boston Globe‘s problems, but I didn’t want to let Tuesday’s bloodletting at Boston magazine pass without comment. Three people were let go, including senior editor S.I. Rosenbaum.

Like editor Carly Carioli, whose departure was announced last month, Rosenbaum is a Boston Phoenix alumnus. They are both quality journalists, and it’s unimaginable that Boston will be better without them. Also let go were associate digital editor Olivia Rassow and Erick Trickey, whom I don’t know.

As David Harris reports at the Boston Business Journal, the cuts extend to the Mother Ship in Philadelphia as well, and are part of an effort to turn at least part of the enterprise into some sort of advertorial machine, complete with a “content studio.”

These are desperate times, and I’m sure the top management, like everyone, is trying to figure out how to survive. I hope there’s still a place for good journalism.

The Globe‘s Jon Chesto covers the story here. And here is the official announcement, which is, shall we say, a model of such things.

Boston magazine editor Carly Carioli steps down

Previously published at WGBHNews.org.

Carly Carioli is leaving as editor of Boston magazine, a surprising development that broke late afternoon on Wednesday. I do not know what happened. I do know that as recently as earlier this week we exchanged a few emails and he sounded very much in charge of the monthly.

The Boston Business Journal covers the story here; The Boston Globe here; and Boston magazine here.

I worked with Carly at The Boston Phoenix, where he started out as the kid who compiled the listings. He rose to editor of the alt-weekly toward the end of its run, presiding over its final incarnation as a glossy magazine. I had long since left the staff by then, but I was still a contributor; Carly struck me as a smart editor with wide-ranging interests, brimming with good ideas.

So there’s one disclosure. A couple more: After the Phoenix closed in 2013, he and publisher Stephen Mindich began working on how to save the paper’s archives, both in print and online. Eventually Carly and I started talking, and that led to the Phoenix‘s archives coming to Northeastern. He and I have been approached about serving on an advisory board. Also, my son, Tim, a freelance photographer, has done some work for Boston.

David Bernstein, yet another former Phoenix colleague of mine and now a Boston writer, took to Facebook Wednesday and wrote this:

So it seems the great Carly Carioli will be moving along from Boston Magazine, where he has been Editor In Chief. There and at the Boston Phoenix I have never had a bigger booster than Carly, who has believed in my abilities and my ideas, often far more than I have myself. (He even let me talk him into some ridiculous idea I had about ranking the Best Bostonians of all time.) I also think he’s done great work pushing BoMag in the right direction, and it’s done some great work under his watch. I don’t know what he’s off to next, but I will follow in any way I can. He is the best. THE BEST.

Carly did not respond to an email I sent Wednesday, but I’m sure he’s been deluged. Best wishes to him. I hope this leads to something bigger and better.

Holding campus police departments accountable

Photo (cc) by xx. Some rights reserved.
Photo (cc) by jakubsabata. Some rights reserved.

Should police reports at private colleges and universities be considered public records in the same way that those at public colleges and in cities and towns are? You would think so. After all, as Shawn Musgrave reports for the public-records website MuckRock:

Sworn campus police may carry weapons, make arrests and use force, just like any other officer. Statute grants special state police “the same power to make arrests as regular police officers” for crimes committed on property owned or used by their institutions. Particularly in Boston, campus borders are difficult to trace, and some of the most populous areas lie within university police jurisdiction.

Yet because police departments at private institutions of higher learning are non-governmental agencies, they are not subject to the state’s notoriously weak public-records law, which requires police departments to show its log of incidents and arrests to any member of the public upon request.

Campus police departments do not operate entirely in the dark — as Musgrave notes, they must make certain records public under the federal Clery Act. And he found that many departments provided their logs when he asked for them. But privately employed police officers exercise the same powers as those working for the public, and they should be subject to the same disclosure laws.

Musgrave’s report, posted on Sept. 15, has been gathering steam. Today his story is on the front page of The Boston Globe, which has long had a relationship with MuckRock. Earlier it was flagged by Boston magazine and by Boston.com.

As Musgrave reports, state Rep. Kevin Honan, a Brighton Democrat, is sponsoring a bill that would bring campus police departments and other privately employed police officers under the umbrella of the public records law. It’s a bill that has failed several times previously. But perhaps increased public scrutiny will lead to a better result.

Layoffs add to turmoil at Boston.com

Screen Shot 2015-09-15 at 2.47.15 PMNote: Updated with statement from Boston.com below. I got wind of this a little while ago — and it turns out that Garrett Quinn of Boston magazine was already working on it. A significant number of staff employees at the beleaguered Boston.com have been laid off. I hear 16; Quinn says “high teens.” [The actual number is 12, according to the Boston.com statement.] This comes after the departure of the site’s general manager and editor during the past week, and months of turmoil (punctuated by occasional calm) before that.

Boston Globe Media’s strategy of building free verticals around the Globe is, for  the most part, progressing nicely. BetaBoston, which covers the innovation economy; Crux, devoted to “all things Catholic”; and Stat, the forthcoming life-sciences site that’s already producing stories, are all quality projects.

But Boston.com has been seen as a thing apart ever since it was separated from BostonGlobe.com a year and a half ago. And the turmoil continues.

More: I just received this statement from incoming Boston.com general manager Eleanor Cleverly and outgoing general manager Corey Gottlieb:

We have spent much of the past few months rethinking an operational vision for Boston.com that both maintains our autonomy as a standalone business and reinforces our partnership with the Globe. Today, we announced a restructuring of Boston.com’s newsroom and the reduction of 12 full-time staff positions. This realignment includes changes to our leadership – Tim Molloy has chosen to step down and Kaitlyn Johnston, Boston.com’s current deputy editor, has been appointed as our site’s new editor.

This is a business decision that is part of a larger effort at Boston Globe Media Partners designed to put Boston.com in a stronger and more sustainable position for growth. That said, we would be remiss to overlook the fact that this was also a people decision, one that affects the lives of many who have worked tirelessly to support our operation. We are deeply grateful for that work.