ABC subpoenaed in connection with Massachusetts murder trial

ABC News was subpoenaed on Sept. 1, 2023, 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, 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. They noted that Read contradicted past statements during the interview and alleged that police had tampered with evidence or otherwise engaged in misconduct to frame her.

“The statements made by the defendant are highly significant as they pertain to the defendant’s involvement in and culpability for the murder of John O’Keefe,” prosecutors wrote. “The defendant voluntarily gave this interview, knowing that under Massachusetts Rules of Evidence, any statements made would be admissible in the Commonwealth’s case against her.”

Massachusetts does not have a formally recognized reporter’s shield law protecting journalists from being forced to disclose newsgathering materials. Prosecutors issued a similar subpoena to NBC News on Sept. 1 as well.

In a Sept. 20 letter to the court, an attorney representing both national broadcast networks informed the court that they had not received notice of the subpoenas and raised objections to turning over the materials.

In her ruling on Oct. 11, Superior Court Judge Beverly Cannone struck down the prosecutors’ requests, noting that they 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 ABC’s Needham-based affiliate, WCVB-TV. Cannone struck down that request as well in December.

ABC did not respond to requests for comment.