Page 6 THE EVERETT ADVOCATE – FRiDAy, NOVEmbER 4, 2022 RUNNING | FROM PAGE 1 torneys’ collection of evidence of defendants’ wrongdoing. The Mayor’s lawyers have already won a significant Order compelling Philbin and his codefendants to turn over tens of thousands of pages of emails that they had been withholding. These including numerous emails that showed that Philbin, his corrupt publisher, Joshua Resnek, and their paper, the Everett Leader Herald, engaged in a multiyear campaign to harm DeMaria’s reputation in the hope of defeating him and winning more favorable treatment for the Philbin family business interests in Everett than the Philbin family felt they were receiving under Mayor DeMaria. Matt Philbin as The Artful Dodger Among the individuals whom DeMaria’s lawyers have subpoenaed to appear to answer questions under oath before a court reporter are the Leader Herald’s former bookkeeper, Mary Chauvonik; Matthew Philbin’s daughter Tara Philbin, the CEO of Philbin InLawrence A. Simeone Jr. Attorney-at-Law ~ Since 1989 ~ * Corporate Litigation * Criminal/Civil * MCAD * Zoning/Land Court * Wetlands Litigation * Workmen’s Compensation * Landlord/Tenant Litigation * Real Estate Law * Construction Litigation * Tax Lein * Personal Injury * Bankruptcy * Wrongful Death * Zoning/Permitting Litigation 300 Broadway, Suite 1, Revere * 781-286-1560 Lsimeonejr@simeonelaw.net surance; Philbin’s former personal assistant, Nicole Porcella; and Philbin’s son, Andrew Philbin, Jr. Matthew Philbin has hired Attorney Amato Bocchino, Jr. of Beverly to represent these witnesses, and he has sent letters to DeMaria’s lawyers on their behalf announcing that none of them will honor the subpoenas served on them to appear for their depositions, produce relevant documents and answer questions under oath. The defendants already have two law firms representing them in the lawsuit. Resnek and the Leader Herald have one law firm, and Matthew Philbin and his father, Andrew Philbin, Sr., also a defendant, have another law firm. Philbin’s move to have witnesses dodge subpoenas comes as the evidence has grown that Philbin, Resnek and the Leader Herald fabricated a long series of false articles accusing Mayor DeMaria of wrongful conduct, articles that Resnek has admitted under oath were made up and lacked any basis. Resnek has also admitted that he not only fabricated these articles, but Our 50th Anniversary Dan 1972 R.Y.O. TOBACCO ---------TUBES CIGAR SMOKERS DELIGHT! 15 Handmade Cigars - Long Leaf - individually wrapped plus a $19. Surprise $43.95 ~ Humidor Special ~ Holds up to 25 Cigars. Includes Ashtray, Cigar Cutter, Leather Pocket Cigar Holder, Hygromoter and Humidor. 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Then, Resnek admitted, after he had manufactured these notes, he went back and altered them multiple times, and even then they were erroneous. Then Resnek admitted under oath that when he had testified in previous days of his deposition that he had actually taken notes, his sworn testimony was false, meaning that he had lied under oath about his manufacturing of the notes. No Escaping the Truth In a highly detailed Amended Complaint based on these and other admissions, DeMaria’s lawyers termed the Leader Herald, Philbin and Resnek guilty of a “corrupt enterprise.” It has emerged in the course of this case that the Leader Herald was, in the words of Philbin’s former employee, a “dying business” that had to be propped up out of Philbin’s personal pocket in order to avoid going out of business altogether. The former employee, who testified that Philbin told her that he had hired a private investigator to “follow” the Mayor in hopes of finding dirt on him that the Leader Herald could use against him, testified that the “newspaper” was not “a real newspaper” because it was financed almost entirely out of Philbin’s pocket and existed solely for the purpose of “getting Carlo DeMaria ELECTION | FROM PAGE 5 site, Question 4 would allow Massachusetts residents, who cannot provide proof of lawful presence in the United States to obtain a standard driver’s license or learner’s permit, if they meet all the other qualifications for a standard license or learner’s permit, including a road test and insurance, and provide proof of their identity, date of birth and residency. A yes vote would keep in place the law, which would allow Massachusetts residents who cannot provide proof of lawful presence in the United States to obtain a driver’s license or permit if they meet the other requirements for doing so. A out of office.” After the employee’s deposition, Philbin’s lawyers filed an “emergency motion” with the Court asking for an Order that his information about his finances and those of his various entities be kept confidential. That was over two weeks ago. There has not yet been a ruling on Philbin’s motion. The subpoenas served on the four individuals who refuse to testify come in the wake of evidence in the form of emails from Resnek and other admissions that in the summer and fall of 2021, the defendants, needing a “cash infusion” to keep the Leader Herald afloat and wanting to launch an intensive political campaign against DeMaria and in favor of his opponents, solicited and raised thousands of dollars in “off the books” cash to allow it to print thousands of extra copies of the paper. These were filled with anti-DeMaria articles and distributed to 8,000 homes and 2,400 other locations in Everett. According to Resnek, he collected thousands of dollars in cash, including “C-Notes,” in envelopes and from the backs of cars from opponents of the Mayor. A “strategy memo” drafted by Resnek and provided to Philbin outlined their strategy for an intensifying campaign of anti-DeMaria “messaging” – culminating in what Resnek promised Philbin would be an “atomic bomb” that they would “drop” on DeMaria, hoping to defeat him. DeMaria’s lawyers have reportedly also served deposition subpoenas on Fred Capone, who is mentioned repeatedly in Resnek’s emails, and on James Mahoney, an independent contractor whom Resnek and Philbin used to prepare their “paper” for publication during their anti-DeMaria campaign. no vote would repeal this law. Residents in two precincts in Precinct 2 will vote for Democratic nominee Judith Garcia or Republican nominee Todd Taylor in the Eleventh Suffolk District state representative race. Rep. Dan Ryan is unopposed in the Second Suffolk District that includes Ward 1, Precinct 3 in Everett. State Sen. Sal DiDomenico, of Everett, is unopposed in his bid for reelection. The election ballot is two pages with the individual elections and ballot questions taking up both sides of each page in Spanish and English. Polls on Election Day will be open from 7 a.m. to 8 p.m.
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