Page 12 THE REVERE ADVOCATE – FRIDAY, NOVEMBER 10, 2023 The Blue Suit gets laundered – again Leader Herald publisher admits Resnek’s columns weren’t satire (This article was published in the Oct. 20, 2023 edition of the Everett Advocate) By James Mitchell n a continuation of a deposition by Everett Leader Herald newspaper owner Matthew Philbin by Mayor Carlo DeMaria’s attorney Jeff rey Robbins on Oct. 13, 2023, in the ongoing defamation lawsuit against the newspaper, Philbin, his father Andrew Philbin, Sr., reporter Joshua Resnek, and Sergio Cornelio, Philbin stated that Resnek, his corrupt reporter, didn’t report to him after Atty. Robbins asked him about an Oct. 2021 text to Resnek. The text ordered him not to distribute an edition, telling Resnek he did not want any of those papers “to see the light of day.” When asked if it was a strong suggestion to his reporter, Philbin agreed that it was a “very strong suggestion,” as he’s the owner of the newspaper. “To the person who reported to you, correct?” asked the attorney. “No, Josh didn’t report to anybody,” said Philbin, stating that Resnek had “fi nal say” and that Resnek didn’t report to him. Atty. Robbins asked Philbin if he was aware that Resnek had apologized under oath to the mayor at Resnek’s recent deposition. Philbin stated that he wasn’t aware of what his corrupt reporter was apologizing for and that he told him that he’d “probably read in the paper that I apologized for any mistakes that I made in the paper.” Philbin said he didn’t ask Resnek to clarify the mistakes he made, but instead stated that he said, “That’s good.” “And since you said ‘‘that’s good,’ has the Leader Herald apologized to Mr. DeMaria?” asked Robbins. Philbin replied that he didn’t know; that he never gave Resnek instructions to apologize or to issue a retraction. Despite Resnek’s recent intentions, Philbin or the newspaper have yet to follow through on any attempt at an apology. Atty. Robbins asked Philbin, given the fact that Resnek, under oath, apologized to the mayor for writing falsehoods, should the newspaper retract them, or inform their readers that the articles they published were admitI tedly false; Philbin replied, “No, I did not.” Philbin also testified under oath about if his newspaper had ever set procedures or constituted a policy to ensure that the newspaper only publishes accurate articles; Philbin said he did not, and that he didn’t recall. “Have you taken any steps at all to ensure that articles published by your paper be accurate?” asked Atty. Robbins. “I have not,” said Philbin. “I believe that Mr. Resnek, as the reporter and editor, would do so.” When asked if the newspaper had taken any steps since the lawsuit was fi led against them in 2021 to ensure that they do not publish false articles again, Philbin stated that he may have had a conversation with Resnek about it but couldn’t remember the exact date. Philbin was asked if he was aware that the insurance company that held the libel and slander policy for his newspaper might not cover his current legal expenses; Philbin said he was concerned and may have had conversations about the situation with Resnek. Philbin was presented with an exhibit of a Jan. 15, 2023, email conversation between Resnek and his friend, Russel Pergament, a local publisher, including of the long defunct Metro newspaper, where Resnek asked Pergament for advice regarding the Utica Insurance Company refusing to renew the newspaper’s policy. “As of this week, we are publishing without insurance, which I hate to say, is a very bad place to be in today’s litigious world,” stated Resnek to his pal. “For my partner, it is as you suggested a move toward extinction. He does not want to go on without insurance.” Philbin admitted that he had talked about the issue, admitting that he felt it wasn’t a good idea to continue publishing without insurance. When asked why Resnek told Pergament that he and Philbin were partners, Philbin said that Resnek used that word “pretty loosely” – and that he believes he uses that word with a lot of AA. Masonry & Construction Felix Valenzuela - 781-500-5519 Concrete Work * Decks * Patios * Blue Stone * Retaining Walls * Brick & Cement Blocks * Email: AAfordablemason@gmail.com HIC 209358 Free Estimates Licensed & Insured Reliable * Experienced people, falsely claiming he’s part owner. “Were you and he partners in running the Leader Herald?” asked the attorney. “No,” said Philbin. The legitimacy of the newspaper company, Dorchester Publications, LLC and its ownership appeared front and center when Philbin was asked if he was aware of any articles of organization, operating or management agreement, documents that spell out management responsibilities; the name of the manager or even the identity of the ownership. Philbin stated he did not. “Are there any documents of any kind that identify the purpose of Dorchester Publications?” asked Atty. Robbins. “I don’t know,” said Philbin. The witness continued answering that he didn’t know of any documents which proved that he owned Dorchester Publications, documentation identifying an owner, offi cers in the company or any documents refl ecting the company’s agreement to borrow money. Philbin admitted that there possibly were signatories for several bank accounts for Dorchester Publications, which may or may not have included former Operations Manager Elena Vega and former employee Nicole Porcella, but he confi rmed that Resnek had access since 2017. Philbin stated that there were never any written agreements between Dorchester Publications and the newspaper’s employees, including Resnek, Mary Schovanec or Lorenzo Recupero. Asked about the newspaper offi ce on Church Street, Philbin admitted that Dorchester Publications is a “tenant at will” with the owners of the building, who happen to be himself and his brother, Andrew Philbin, Jr., an Everett firefighter and rooming house owner. Philbin said he couldn’t identify any written lease between the Dorchester Publications and the entity which rents property. The questioning returned to the newspaper articles, this time an exhibit of an Oct. 11, 2023, “Eye on Everett” article where Resnek writes at the beginning of his “Blue Suit” article a disclaimer reminding readers that it’s all fi ction, writing, “It is all made up. Everything I tell the Blue Suit and everything the Blue Suit tells me is all made up. We don’t use tape recorders. We don’t conduct interviews. We don’t take notes for these columns. In other words, these columns are a fi ction, a spin.” Philbin was asked when he instructed Resnek to start publishing the disclaimer in his column; he replied that he didn’t and wasn’t aware when Resnek started. Asked if he remembered Resnek saying that his articles were fi ction and all “made up” prior to the lawsuit, Philbin said he did. Atty. Robbins then produced exhibits of emails dated Sept. 29, 2020, between Resnek, Joseph Prezioso and Lorenzo Recupero from James Mahoney, the former newspaper designer, of the Everett Leader Herald Oct. 1, 2020, edition where Resnek states in his Blue Suit article, “’Then the mayor comes back with his lackeys claiming I write articles without sourcing them. That’s a joke,’ I said. ‘Everyone paying close attention to the Leader Herald knows I’m right on the mark about what I have to reveal about the mayor and his cronies.’” Philbin acknowledges Resnek’s article, which continues, “‘The Leader Herald prints the truth. The truth is a terrible weapon of aggression,’ the Blue Suit said.” The mayor cringes at your story telling about him. It drives him crazy, this column from week to week. He hates it. You reveal nearly everything he does wrong. Everything he is sneaking.’” Philbin said that he doesn’t remember Resnek sending him the draft but is shown an email between him and Resnek at 6:30 p.m. – an hour after he sent him the draft article; in the subject line, its states, “The Eye – enjoy” – Philbin emailed back to Resnek, “How bout [sic] what a loss for the City.” Asked what he meant by his suggestion to Resnek, Philbin stated that he didn’t know what he was commenting about when he replied to Resnek. Robbins again asks Philbin to read what the subject line in his reply to Resnek states; Philbin replies, “Subject: The Eye – enjoy.” Philbin is then asked to read the subject line in his response to Resnek; Philbin states, “Oh, regarding the Eye – enjoy.” In another exhibit of the “Eye on Everett Blue Suit” column, in a June 4, 2019, email between Resnek, Philbin and Alex Yates, Philbin is shown the draft article titled “The Mayor and I talk about Life, Donuts and Money.” Resnek begins by referring to the mayor as “Kickback Carlo,” falsely writing about how the mayor was involved in a “number of incidents” involving women at his donut shop and city hall, and in one incident where he held a knife to a woman’s throat. The second page describes how the mayor received bribes, free gas from a local gas station owner whose daughter he employed, a free Mercedes from his father-inlaw, free dry cleaning and landscaping. Philbin was asked to confi rm if the article was sent to him prior to publication; he agreed, but pointed out to the attorney that there was an “Editor’s Note” disclaimer that the column was all fi ction – but this time it appeared at the end of the article. Atty. Robbins asked him why it wasn’t placed at the beginning of the column; Philbin stated that he didn’t know but it was satire and he printed it. “Did you give instructions that it be described as satire? asked the attorney. “No,” replied the witness. Philbin was then asked if he ever instructed his corrupt reporter that he should make sure that the Blue Suit articles were described as fi ction; Philbin answered, “Not that I recall.” In another incriminatory piece of evidence, Philbin is presented with an exhibit which shows a draft of an article written by Resnek and sent to Philbin the day before the paper went to press. The article is titled “An Open Letter to Andrew Lelling” (the US district attorney) – Resnek invites Lelling and an FBI agent Elio to Everett in order to investigate “Kickback Carlo” as, he writes, he’s “in his tenth year of organized, obscene, uniquely disguised municipal theft and greed.” Resnek’s obscene drivel states that he “has knowledge of the kickback, including one who says he can identify how Kickback Carlo is paid,” among other false claims. “Did Mr. Resnek ever present you with any evidence that Mr. DeMaria had ever taken a kickback?” “No. I don’t think he ever produced any evidence,” replied Philbin. “Did you ever ask Mr. Resnek if he had any evidence that Mr. DeMaria had ever committed any kind of theft or crime?” asked Atty. Robbins. “No. I don’t believe I did,” he replied. Asked if there was anything in that article which says that what is written is satire, Philbin says, “I don’t see anything in this article that suggests that, no.” “When you read the article just a moment ago, Mr. Philbin, did anything in there indicate to you that Mr. Resnek was saying it was fi ction or satire or shouldn’t be believed in any way?” “No,” was Philbin’s answer.
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