Boston Globe reporter subpoenaed for testimony in contractor dispute suit

A former reporter for The Boston Globe was subpoenaed in a Massachusetts state court on Aug. 22, 2024, for testimony in connection with a pair of articles about a Rhode Island gubernatorial candidate.

In early November 2022, the Globe published two stories about former candidate Ashley Kalus’ dispute with her former contractor. On Nov. 9, Kalus filed a suit against the contractor, Michael Gruener, alleging that he had violated the terms of a settlement agreement by speaking about the dispute and sharing disparaging texts he had received from her.

According to court filings reviewed by the U.S. Press Freedom Tracker, Gruener initially denied the allegations, and, in August 2024, Kalus asked the court to send one subpoena to the Globe — seeking a broad collection of documents and communications — and another to the reporter for testimony.

Superior Court Judge Rosemary Connolly granted Kalus’ motion Aug. 26, authorizing the issuance of the subpoenas. Gruener later admitted that he was behind the communications, and the Globe turned over hundreds of pages of emails, texts and files between Gruener and the Globe reporter.

The reporter asked the Tracker to remain anonymous, noting the considerable toll of fighting the request and not wanting to be further associated with the case.

Court records show that the journalist did not sit for the scheduled deposition Sept. 12. Then, Dec. 31, the Globe reporter asked the court to issue a protective order to prevent them having to testify. Attorneys for the Globe argued that any testimony would be duplicative of what had already been revealed in Gruener’s admission and the documents that were turned over.

“Treating all communications between reporters and their sources (even on-the-record sources) as publicly available research materials for litigants—without regard to the cumulative nature of the evidence and without any showing that the evidence bears on disputed issues of fact—would convert reporters into virtually full-time witnesses, diverting them from performing their real jobs,” they wrote. “It likely also would result in news organizations adopting policies that prohibit or restrict the preservation of notes and other documentary materials, all to the detriment of the free flow of information.”

In March 2025, Superior Court Judge Jackie Cowin granted the protective order, writing that “the plaintiffs already have a trove of texts, emails and documents that defendant Gruener sent” to the reporter.

Cowin also specified that any allegedly defamatory statements made during Gruener’s calls with the Globe reporter would already be evidenced in the two articles or, if they were left out of the published pieces, did no damage because they didn’t go beyond the reporter.

An attorney for the Globe did not respond to requests for comment.