Former editor subpoenaed in constable’s defamation suit

The former managing editor of the Sullivan County Democrat, a twice-weekly newspaper in New York’s Catskill Mountains, was subpoenaed on July 18, 2024, to testify and produce documents about a former law enforcement official suing the town of Highland for defamation and discrimination.

A motion to quash the subpoena by the editor, Joseph Abraham, was denied in September, but the order was stayed for 60 days pending a possible appeal.

The Democrat published an article by reporter Derek Kirk in August 2022 about a Highland Town Board investigation of its law enforcement entity, a team of constables (or “constabulary”). The board had released a redacted report on its investigation and announced its decision to dissolve the constabulary and instead contract with the county sheriffs.

The Democrat obtained and confirmed the authenticity of an unredacted version of the board’s report, however, that contained a number of allegations labeled “substantiated” and “unsubstantiated” against one of the constables. The paper’s August 2022 article described the substantiated allegations, which accused Constable Marc Anthony of workplace misconduct.

Anthony then sued the town, alleging that a town official had leaked information from the investigation that damaged his reputation.

Abraham left the Democrat in April 2023, according to court documents. In March 2024, he received an email from Anthony’s attorney, reviewed by the U.S. Press Freedom Tracker, asking to talk about the 2022 article. Abraham did not respond.

The attorney then issued a subpoena demanding Abraham’s testimony and any documents in his possession that referred to Anthony, the constabulary or the article.

Kirk, the author of the article, confirmed to the Tracker that he was not subpoenaed in the case.

The court allowed a motion from Abraham to quash that subpoena due to “improper service” — the subpoena had been sent to a house that Abraham owns but does not live in.

But Anthony’s attorney then issued another subpoena July 18, this time also calling for text messages between Abraham and the town official Anthony had accused of leaking information from the investigation. That official admitted to compiling the board’s report but not to confirming its authenticity to the Democrat.

That the town official authenticated the allegations within the report for the paper is key to Anthony’s defamation claims against her, his attorney argued.

Abraham filed another motion to quash Aug. 19, arguing that Anthony was seeking “a broader swath of information that even more clearly violates Mr. Abraham’s rights under the New York Shield Law and the First Amendment.”

The court denied the motion Sept. 10. Abraham did not respond to a question from the Tracker about whether he plans to appeal the ruling during the 60-day stay.