Boston Globe reporter subpoenaed for notes, records in condo dispute

Boston Globe business reporter Jon Chesto was issued a subpoena on July 14, 2020, ordering him to testify and turn over unpublished communications and notes in connection with a condo dispute involving two Massachusetts businessmen.

The two men — James Shane and George Regan Jr. — were members of the same condo association. While Shane was serving as president of the board of managers, Regan produced and distributed multiple letters alleging Shane had engaged in fraudulent and unethical conduct concerning a proposed club room for the condo.

Regan also contacted Chesto in an attempt to interest him or the Globe in the story. The newspaper did not report on the dispute, however, nor the resulting defamation lawsuit Shane filed against Regan in 2019.

Shane subpoenaed Chesto in July 2020, ordering him to turn over all communications with Regan or any others about Shane, the construction project, or the meetings and votes concerning it, and to give a deposition July 22.

But on July 20, an attorney representing Chesto sent objections to the subpoena, including that records of any such conversations would be obtainable from sources other than unpublished, confidential journalistic work product.

“At a bare minimum, in light of the current posture of the case, it is premature to compel the disclosure of journalistic work product prior to likely summary judgment proceedings,” attorney Jonathan Albano wrote, referring to motions to dismiss the case that were pending before the court.

According to court records reviewed by the U.S. Press Freedom Tracker, attorneys for Shane agreed to reschedule the deposition. After the July deposition date passed, no new date was set.

However, after Regan sat for a deposition in the defamation suit in April 2021, attorneys for Shane issued a second subpoena. Chesto once again opposed the request, and Superior Court Justice Catherine Ham ultimately denied a motion to force the reporter’s compliance and granted him a protective order to prevent further requests in connection with the underlying suit.