ABC, local affiliate subpoenaed ahead of Massachusetts murder trial

ABC News and its Boston-area affiliate, WCVB-TV, were subpoenaed on Nov. 12, 2024, for interview footage in connection with a murder trial in Dedham, Massachusetts. A judge struck down the request the following month, according to court records reviewed by the U.S. Press Freedom Tracker.

In August 2023, the ABC News show “Nightline” aired a segment in which Chief National Correspondent Matt Gutman interviewed Karen Read, who stands accused of the murder of her boyfriend in a case that has captured national attention.

Prosecutors filed a request with the court the following month, asking that it compel ABC to turn over the full interview recording, including any unaired footage. Massachusetts does not have a formally recognized reporter’s shield law protecting journalists from being forced to disclose newsgathering materials.

Superior Court Judge Beverly Cannone struck down the subpoena in October, noting that the prosecutors had not followed the required procedures for obtaining materials from out-of-state, nonparty witnesses.

After the case against Read ended in a mistrial in July 2024, prosecutors tried to obtain ABC’s interview recordings and notes again, attempting to get around the subpoena procedures by including Needham-based WCVB-TV.

In addition to the recordings and notes from the Read interview, the renewed request also explicitly sought copies of any off-the-record or redacted statements, and any communications between ABC News and Read.

“This case does not involve a confidential source or confidential informant. Rather, the defendant made a tactical decision to be interviewed. There is no legal justification enabling a defendant to pick and choose what statements can and should be disseminated to the public,” prosecutors wrote. “This Commonwealth does not recognize any private agreements between the defendant and the news sources.”

According to court filings, prosecutors withdrew their request to WCVB-TV after the station notified them that it neither had the requested materials nor control over ABC.

On Dec. 9, Cannone struck down the request, ruling that there was no legal basis for the prosecutors’ argument that serving the local affiliate exempted them from following procedures for subpoenaing out-of-state parties.

“To hold otherwise would allow a party to circumvent the procedural safeguards agreed to by all states that ensure necessary witnesses and records are available for criminal prosecution even if outside the state and that resident witnesses are not needlessly required to travel to other states to testify,” Cannone wrote in her decision.

Neither ABC nor WCVB-TV responded to requests for comment.