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GBH-TV takes on the Kevin Cullen controversy

On February 3, 2024

Because of a schedule conflict, I had to turn down an invitation to discuss the Kevin Cullen story on GBH-TV’s “Talking Politics” Friday. But I would have agreed with guests Kelly McBride of the Poynter Institute and journalist Susie Banikarim of the podcast “In Retrospect” that The Boston Globe made the right call in disclosing that Cullen had signed a document attesting to the mental fitness of Lynda Bluestein, whose quest to die via physician-assisted suicide he was reporting on. I also agree with them that the Globe was on solid ground in running the story anyway along with an editor’s note disclosing Cullen’s ethical breach.

Of note was their response to host Adam Reilly’s question about whether Cullen should have been disciplined. Both said that maybe he was, and that whatever sanction he might have received was handled privately.

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Poynter’s Tom Jones renders a nuanced verdict on Kevin Cullen’s ethical lapse

By Dan Kennedy

On January 31, 2024

In Media

Poynter media columnist Tom Jones has weighed in with a lengthy commentary about Boston Globe columnist Kevin Cullen’s decision to sign a legally required form that a terminally ill woman needed in order to proceed with her physician-assisted suicide — a story that he was reporting on, and that was published by the Globe last Friday.

Jones’ conclusion is reasonable, and it’s helped me think through my own conflicted beliefs about what has unfolded. Jones’ bottom line: Cullen committed a serious breach of ethics in going along with Lynda Bluestein’s request, which I’m sure we can all agree on; and Globe executive editor Nancy Barnes made the right call in publishing the story anyway and appending a detailed editor’s note to it. Jones writes:

Two things can be true at the same time: We can acknowledge that Cullen certainly crossed journalistic lines. He should not have signed the form. Even the Globe and Cullen don’t disagree.

But we can also acknowledge that Globe readers benefited from this compelling story and, more importantly, that it would have been a shame had the piece been dropped. The Globe essentially owed it to Bluestein and her family to publish their deeply personal story.

I’m think I agree, but what a mess. Sadly, Cullen’s lapse of judgment has cast a pall over the story, which features not just strong reporting and writing by Cullen but also vibrant photography by Pulitzer Prize winner Jessica Rinaldi. What should have been a triumph of narrative storytelling and photojournalism that helped our understanding of a difficult topic has instead turned into a case study of journalistic ethics. After all, one of the four principles of the Society of Professional Journalists’ Code of Ethics is “Act Independently.” The code explains: “Avoid conflicts of interest, real or perceived. Disclose unavoidable conflicts.”

One question I’ve had from the start is when Barnes found out about Cullen’s actions. According to the Globe, Bluestein asked Cullen and a member of a documentary film crew to sign the document last August; Bluestein died Jan. 4. Without citing a source, Jones writes that “it’s believed that senior editors, including Barnes, weren’t aware of that fact until months later — when Cullen turned in his story after Bluestein’s death in January.”

Cullen declined Jones’ request for comment, but Barnes talked with him, saying in part: “We considered the fact that Lynda and her family opened their homes to us, opened their lives, gave themselves to us for months on end, and trusted us with an incredible amount of access. So that weighed on us, too.… She trusted us to tell her story.”

What makes the entire situation especially fraught is that Cullen was suspended for three months in 2018 after it was learned that he’d made up details in public comments — but not in his work for the Globe — about his involvement in covering the 2013 Boston Marathon bombing.

Cullen has been a welcome voice in the Globe for many years, but all any of us can say about this latest ethical lapse is: What could he have been thinking?

Earlier:

Globe columnist is called out for facilitating an assisted suicide he was writing about (Jan. 26)

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Globe columnist is called out for facilitating an assisted suicide he was writing about

By Dan Kennedy

On January 26, 2024

In Media Nation

Kevin Cullen (via LinkedIn)

Boston Globe columnist Kevin Cullen is the subject of an extraordinary editor’s note that reveals he helped facilitate the physician-assisted suicide of a terminally ill woman he was writing about. Cullen and photographer Jessica Rinaldi documented the death of Lynda Bluestein, a Connecticut woman who traveled to Vermont to take advantage of that state’s so-called “aid in dying” law.

Cullen describes a meeting with Bluestein and Dr. Diana Barnard, a Vermont physician who was helping Bluestein with the process. Present at the meeting were Cullen and members of a team that was making a film. “At one of the meetings in July with Barnard,” Cullen writes, “Lynda asked a Globe columnist [see editor’s note] and also a member of the documentary team following her story to sign the form saying she knew what she was doing and wasn’t under duress.” Cullen agreed to sign, which prompted this editor’s note from the Globe’s executive editor, Nancy Barnes:

From the editor:

The right to die has long been a controversial issue in many societies, and especially in some religious communities.

Last year, Globe reporter and columnist Kevin Cullen and photographer Jessica Rinaldi set out to chronicle Connecticut resident Lynda Bluestein on her mission to die on her own terms in Vermont, which has a “medical aid in dying” provision. Our intent was not to advocate for this issue, but to share an important perspective and a very personal, albeit wrenching, story.

Vermont’s law required two witnesses to sign a form attesting that Bluestein was in a clear state of mind when she made this decision, and they could not be family members, doctors, any beneficiaries, a nursing home owner or employee, etc.

Bluestein, with the support of her doctor, asked two people who were with her on July 10 to attest to this for her. Reporter Kevin Cullen was one of those people and he agreed to do so — a decision Cullen regrets. It is a violation of Globe standards for a reporter to insert themselves into a story they are covering. That it was intended primarily as a gesture of consideration and courtesy does not alter that it was out of bounds.

After reviewing these details, we have concluded that this error did not meaningfully impact the outcome of this story — Bluestein died on Jan. 4 and she likely would have found another signatory in the months before then. For that reason, we chose to publish this powerful story, which includes exceptional photojournalism, while also sharing these details in full transparency.

Nancy Barnes
Boston Globe executive editor

This is not the first time that Cullen has run afoul of the Globe’s ethics policies. In 2018, he was suspended for three months following an investigation that determined he had fabricated details about the 2013 Boston Marathon bombings in radio interviews and at public appearances. A review of his work for the Globe revealed no problems beyond a few minor errors of fact.

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SJC rules that deception in recording someone does not violate the law

By Dan Kennedy

On June 15, 2021

In First Amendment, Media

Joe Curtatone. Photo (cc) 2019 by the Somerville Media Center.

The state Supreme Judicial Court on Monday issued an important — and, to me at least, surprising — clarification of the Massachusetts wiretapping law, ruling that it’s not necessary to obtain someone’s consent before recording them. All that’s needed, the court said, is to inform the second party that they’re being recorded. That doesn’t change even if the person making the recording lies about their identity. Here’s Travis Andersen’s account in The Boston Globe.

The case involves Kirk Minihane of Barstool Sports, who in 2019 recorded an interview with Somerville Mayor Joe Curtatone by claiming to be Globe columnist Kevin Cullen. Minihane then played the interview on his podcast. Curtatone sued, arguing that he would not have agreed to being recorded if he had known he was speaking with Minihane rather than Cullen. Justice Frank M. Gaziano writes:

Minihane did not secretly hear or record the challenged communication within the meaning of the act, because the plaintiff knew throughout the call that his words were being heard and recorded. The identity of the party recording the communication or, indeed, the truthfulness with which that identity was asserted is irrelevant; rather, it is the act of hearing or recording itself that must be concealed to fall within the prohibition against “interception” within the act.

And here’s Gaziano’s conclusion:

Because Minihane did not secretly record his conversation with the plaintiff, the challenged recording does not fall within the statutory definition of an “interception” within the meaning of the Commonwealth’s wiretap act. The plaintiff thus has not made factual assertions sufficient to state a cause of action upon which relief can be granted.

The first indication of where the case might be headed came earlier this year, when the ACLU and the Reporters Committee for Freedom of the Press filed a brief in support of Minihane and Barstool.

Massachusetts has often been described as a “two-party consent” state when it comes to recording conversations. But even before Minihane recorded Curtatone, it was clear in some legal circles that the word “consent” was misleading. For instance, here is an explanation of the law published several years ago by the now-defunct Digital Media Law Project at Harvard’s Berkman Klein Center for Internet & Society:

Massachusetts’s wiretapping law often referred to is a “two-party consent” law. More accurately, Massachusetts makes it a crime to secretly record a conversation, whether the conversation is in-person or taking place by telephone or another medium…. Accordingly, if you are operating in Massachusetts, you should always inform all parties to a telephone call or conversation that you are recording, unless it is absolutely clear to everyone involved that you are recording (i.e., the recording is not “secret”). Under Massachusetts’s wiretapping law, if a party to a conversation is aware that you are recording and does not want to be recorded, it is up to that person to leave the conversation.

Even after Monday’s SJC ruling, the law in Massachusetts remains unusually strict. According to the law firm Matthiesen, Wickert & Lehrer, 38 states plus the District of Columbia merely have a “one-party consent” law. Since the person making the recording has obviously given their consent, that means recording someone secretly in those states is legally permissible.

I tell my students that if they want to record an interview, whether in person or by phone, to ask for the subject’s consent. Then, after they turn on their recorder, tell them that they’re now recording and ask if that’s all right. That way, not only do they have the interview subject’s permission, but they have that permission on record. Minihane’s victory doesn’t change the ethics of recording someone without their knowledge.

One aspect of Monday’s ruling worth thinking about is that two-party consent, even under a looser definition of “consent,” can make it harder to engage in certain types of investigative reporting. Minihane obviously was just recording Curtatone for entertainment purposes. But undercover reporting, though less common than it used to be (thanks in part to the Food Lion case), can be a crucial tool in holding the powerful to account.

In Massachusetts, it remains illegal for a reporter to secretly record someone. The SJC’s decision doesn’t change that.

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What we know so far about the Kevin Cullen investigation

By Dan Kennedy

On April 28, 2018

In Media

With Boston Globe columnist Kevin Cullen’s fate in the hands of outside investigators, I thought I would pull together what we know so far. I’ll begin with an internal memo that editor Brian McGrory sent to the staff late last week, a copy of which I obtained from several sources. We talked about the memo Friday on “Beat the Press” (above).

I hope you can understand our desire to seek facts before we address the assertions that have been publicly raised about the work of our colleague, Kevin Cullen. That said, I want to offer an update on the process. We’ve enlisted Kathleen Carroll and Tom Fiedler to oversee the review. Their involvement will help assure objectivity as well as speed. Kathleen is the former executive editor of the AP and someone universally respected across the industry. Tom is the dean of the BU College of Communication, the former executive editor of the Miami Herald, and someone whose calling card has always been his integrity. In addition, Daniel Okrent, the former public editor of the New York Times, has agreed to read their report and weigh in as necessary.

The review will consist of two-prongs. First, Kathleen and Tom will focus on marathon-related issues. Separately, we’re undertaking a broader review of Kevin’s work, initially in-house, but we’ll bring in outside help if needed. The first part I’m hoping will be completed within a couple of weeks.

You may see Kathleen and Tom around the newsroom. If they seek your help, please give it to them.

This work, unpleasant as it is, is important to our institutional credibility. I’ll be back to you again when I have more to report.

The investigation was prompted by Cullen’s April 14 column marking the fifth anniversary of the Boston Marathon bombings. The column has several problems. First, a reader would almost certainly think Cullen was claiming that he was at the finish line in 2013, even though he has said on other occasions that he was about a mile away. As I’ve said several times, the language strikes me as deliberately ambiguous, as though Cullen wanted to create that misimpression, even though he doesn’t come right out and say it. Second, there are apparent reporting errors as well, particularly regarding the actions and identities of the firefighters he mentions.

All of this has been fodder for two weeks on the “Kirk and Callahan” show on WEEI Radio (93.7 FM), which was the first to pick up on the discrepancies. The full details can be found in this blog post by Minihane, which combines fact, speculation (“It may be all true, though I seriously doubt it,” he wrote of a different Cullen column), and vitriol. But give Minihane his due. There are real problems with Cullen’s column, and we wouldn’t be here if not for WEEI. Cullen has been placed on paid leave pending the outcome of the investigation.

We talked about the Cullen situation on “Beat the Press” last Friday, April 20, and again on April 27 (clip above). Last week my colleague Emily Rooney added her own analysis, reporting that WEEI deceptively edited a Cullen interview that appeared in an HBO documentary. In the more recent clip, we all agreed that the Globe should be more transparent in letting the public know what’s going on beyond this editor’s note, which was published a week ago online and in print.

Also last week, Don Seiffert of the Boston Business Journal reported on the investigation and spoke with Marcus Breen of Boston College and me. Make of it what you will, but I was struck that Bill Richard, father of the late Martin Richard, whose family is mentioned in Cullen’s column, declined through a spokeswoman to comment.

And that, for the moment, is where things stand. As for myself, I’m a longtime admirer of Cullen’s work. Though I don’t know him personally, we’ve exchanged a few friendly greetings over the years. We should all be willing to wait and see if the investigation finds that the April 14 column represents a momentary lapse — or is an example of something more pervasive.

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Lawyers for Jack Dunn and ‘Spotlight’ engage in war of words

By Dan Kennedy

On November 25, 2015

In Media

The dispute between Boston College spokesman Jack Dunn and the makers of “Spotlight” is escalating. “Spotlight,” as you no doubt know, is a movie about The Boston Globe’s Pulitzer Prize-winning reporting on the pedophile-priest scandal in the Catholic Church.

For the past few days, starting with a Kevin Cullen column in Sunday’s Globe, Dunn has been making media appearances claiming that he was falsely portrayed in the movie as uncaring toward victims at BC High School. The filmmakers have pushed back hard, arguing that the depiction of Dunn is accurate and that it was vetted by Globe reporters Walter Robinson and Sacha Pfeiffer.

According to an exchange of letters that I obtained this evening, Dunn’s lawyers are accusing the filmmakers of portraying Dunn in a way that is “defamatory” as well as “false, malicious and fabricated.” The letter on behalf of Dunn, addressed primarily to screenwriters Tom McCarthy and Joshua Singer (McCarthy is also the director), says in part:

In general, the film, in dramatic fashion, divides the individuals it depicts into those who heroically searched for the truth about the horrific sexual abuse of children by members of the clergy and those who sought to suppress facts about the abuse. In a critical scene in the film, which is nearly entirely fabricated, Spotlight squarely and falsely places Mr. Dunn in the category of those who actively attempted to interfere with and thwart the efforts of the Boston Globe reporters to unearth and report on the abuse scandal.

In their answer, the filmmakers’ lawyers “respectfully, but vigorously, disagree with your allegation that the film defames Mr. Dunn.” Here’s a key excerpt:

Most importantly, the film’s portrayal of Mr. Dunn is substantially true. It is based on the recollections of Walter Robinson and was vetted by him and Sacha Pfeiffer. Mr. Dunn’s overarching concern for Boston College High School (and Boston College) is reflected in contemporaneous and later media accounts. Indeed, there is no evidence that Mr. Dunn was an outspoken advocate for transparency or accountability before the Boston Globe broke the story, or that he came forward on his own to initiate an investigation into abuse at BC High before the Globe’s coverage forced the school to act.

I am posting these rather lengthy documents in the interest of putting them before the public in advance of what could be a significant legal battle.

Click here (pdf) for the full letter (with exhibits) from Dunn’s lawyers, David H. Rich and Howard M. Cooper of the Boston firm Todd & Weld.

Click here (pdf) for the full letter (also with exhibits) from the filmmakers’ lawyer, Alonzo Wickers IV of the Los Angeles firm Davis Wright Tremaine. No, I do not know why parts of it have been highlighted in yellow.

For background and some relevant links, see my commentary for WGBHNews.org, which has been updated with a statement from the filmmakers.

Update: The Globe has now published an article on the dispute.

Some reflections on Dzhokhar Tsarnaev’s apology

By Dan Kennedy

On June 25, 2015

In News

Dzhokhar Tsarnaev

It’s impossible to live in the Boston area and not have an opinion about Boston Marathon bomber Dzhokhar Tsarnaev’s apology, which he delivered in federal court Wednesday as he was formally sentenced to death. For what it’s worth, here’s mine.

I think he was sincere — up to a point. I’m sure he sincerely wishes he didn’t find himself in this predicament, and he would have to be inhuman not to be affected by the victims’ stories that he heard during his trial. He is not inhuman, though he committed inhuman acts.

More than anything, though, I was struck by his aggrandizement and narcissism. He very much wants to impress us with his religious piety. Genuine humility and remorse? Not at the top of his agenda. I’ve heard a number of people say he apologized only because his lawyers pushed him into it. That may be true, but they couldn’t have been very happy with his smug self-regard — or with his thanks to them and others for making his life behind bars so “very easy.”

I was also struck by Kevin Cullen’s observation in The Boston Globe that Tsarnaev spoke with “an affected accent,” which suggests that he remains deeply under the influence of the jihadist propaganda on which he and his brother, Tamerlan, gorged themselves before carrying out their unspeakably evil mission. (And for the umpteenth time: Why couldn’t we see and hear Tsarnaev for ourselves?)

In the years to come, I hope Tsarnaev comes to a more genuine sense of repentance. And though it’s only natural that we focus on what motivated Tsarnaev to act as he did, we should never forget that the people who truly matter are Martin Richard, Krystle Campbell, Lingzi Lu and Sean Collier, as well as their friends, families and those who were injured.

Where Boston’s papers stand on death for Tsarnaev

By Dan Kennedy

On April 9, 2015

In Media

The Boston Globe today offers some powerful arguments against executing convicted Boston Marathon bomber Dzhokhar Tsarnaev. Metro columnists Kevin Cullen and Yvonne Abraham weigh in, as do the paper’s editorial page, civil-liberties lawyer Harvey Silverglate and retired federal judge Nancy Gertner. (Columnist Jeff Jacoby has previously written in favor of death for Tsarnaev.)

Over at the Boston Herald, the message is mixed. In favor of the death penalty are columnist Adriana Cohen and editorial-page editor Rachelle Cohen. The lead editorial calls for the death penalty as well. Columnist Joe Fitzgerald is against capital punishment for Tsarnaev. Former mayor Ray Flynn offers a maybe, writing that he’s against the death penalty but would respect the wishes of the victims’ families.

Globe wins Pulitzer for ‘story none of us wanted to cover’

By Dan Kennedy

On April 14, 2014

In Media

Brian McGrory during the Pulitzer announcement. (Photo courtesy of The Boston Globe.)

This article was published earlier at WGBH News.

Within moments of the announcement that The Boston Globe had won the Pulitzer Prize for Breaking News Reporting, Martine Powers tweeted from the newsroom. “This was a story none of us wanted to cover,” she quoted editor Brian McGrory as saying. The staff, she said, then observed a moment of silence at McGrory’s request for the victims of the Boston Marathon bombings.

The Globe easily could have won two or three Pulitzers for its coverage of the bombings and their aftermath. The breaking-news award, of course, was well-deserved, and frankly it was unimaginable that it would go to anyone else. But the paper also had worthy marathon-related finalists in Breaking News Photography (John Tlumacki and David L. Ryan) as well as Commentary (Kevin Cullen, who emerged as the voice and conscience of the city after the attack).

McGrory’s classy response to winning underscores the sad reality that the Globe’s excellent coverage was driven by a terrible tragedy — the worst terrorist attack on U.S. soil since Sept. 11, 2001. (The Globe was also a finalist in Editorial Writing, as Dante Ramos was honored for a non-marathon-related topic: improving the city’s night life.)

The Pulitzer also caps what has been a remarkable year for the Globe. On Marathon Monday 2013, McGrory was relatively untested as editor and the paper’s prospects were uncertain, as the New York Times Co. was trying to unload it for the second time in four years.

The Globe’s marathon coverage — widely praised long before today’s Pulitzers were announced — have defined McGrory’s brief term as editor as surely as the paper’s pedophile-priest coverage (which earned a Pulitzer for Public Service) defined Marty Baron’s. Moreover, the Globe now has a local, deep-pockets owner in John Henry who’s willing to invest in journalism.

But the focus should be on Martin Richard, Krystle Campbell, Lingzi Lu and Sean Collier, as well as their families and all the other survivors. Good for McGrory for reminding everyone of that.

A couple of other Pulitzer notes:

• A lot of observers were waiting to see whether the judges would honor the stories based on the Edward Snowden leaks. They did, as the Pulitzer for Public Service went to The Guardian and The Washington Post.

Glenn Greenwald and Laura Poitras, then affiliated with The Guardian and now with the start-up First Look Media, as well as Barton Gellman of the Post, were the recipients of the Snowden leaks, which revealed a vast U.S. spying apparatus keeping track of ordinary citizens and world leaders both in the United States and abroad.

The choice is bound to be controversial in some circles. U.S. Rep. Peter King, R-N.Y., has already called the award “a disgrace.” But it was the ultimate example of journalism speaking truth to power, and thus was a worthy choice.

• The oddest move was the Pulitzer judges’ decision not to award a prize in Feature Writing. I thought it might go to the New York Times’ series “Invisible Child: Dasani’s Homeless Life,” or possibly to the Globe’s “The Fall of the House of Tsarnaev.” (I should note that neither of those stories was listed as a finalist.)

The Pulitzer process can be mysterious. But it would be interesting to see if someone can pry some information out of the judges to find out why they believed there wasn’t a single feature story in 2013 worthy of journalism’s highest honor.

Whitey Bulger plays unfavorites in the press

By Dan Kennedy

On June 4, 2013

In Media

A few days ago we learned that Whitey Bulger had named Boston Globe reporter Shelley Murphy, Globe columnist Kevin Cullen, Boston Herald columnist Howie Carr and former Globe reporters Dick Lehr and Gerard O’Neill as possible witnesses in his federal trial.

Today we learn the likely reason: the five, all of whom have written books about Bulger’s murderous ways, might be barred from attending the trial if Judge Denise Casper rules that potential witnesses must be kept out of the courtroom.

Murphy writes that her paper has asked Casper to allow her and Cullen to attend the trial on the grounds that they are the Globe’s leading experts on the Bulger case, having covered it since the 1980s. She reports that prosecutors have called Bulger’s witness list a ploy to keep out certain media and non-media witnesses.

In the Herald, Laurel Sweet quotes Assistant U.S. Attorney Brian Kelly as saying, “It’s not a real witness list. He’s just putting names on there in order to keep them out of the courtroom.”

Let’s hope Judge Casper refuses to go along with this travesty.