30 December 2009

KingCast presents: A real CORI violation by Jessica Van Sack, the Boston Herald and others?

UBER UPDATE: There appears to be a CORI violation. Globe Newspaper Co. v. District Attorney for Middle Dist., 439 Mass. 374, 788 NE2d 513 (2003).
Newspaper had sought disclosure of docket numbers of criminal cases involving municipal corruption, prosecuted in public judicial proceedings. Among its findings, court held that CORI statute did not prevent disclosure of criminal record information, but newspaper only had a disclosure right to the extent the requested information correlated with information available from court records or other public records.
Recall that unauthorized release of criminal records led to Sheriff Linehan's resignation in NH under AG pressure yes it did. The (mis)information that the Herald used to publish their stories is most certainly NOT available from court records or other public records, this was a dirty deal and we are going straight to Mass AG Martha Coakley's office this week with this blog post to see what she's going to do about it. When we are finished the Herald, Jessica Van Sack and everybody involved is going to realize this is a matter of grave concern and that no amount of government and big-media beat-down is going to deter our pursuit of Justice. And the factors in favor of disclosure of sources clearly outweigh nondisclosure, read the SJC materials on G. L. c. 6, 167 et seq.
(4) News Sources and Nonpublished Information. Before ordering a reporter to divulge a source and the information gathered, a judge must “consider the effect of compelled disclosure on values underlying the First Amend­ment and art. 16.” Petition for Promulgation of Rules Regarding the Protection of Confidential News Sources & Other Unpublished Info., 395 Mass. 164, 171, 479 N.E.2d 154, 158 (1985). Accordingly, a judge must balance the public interest in the use of every person’s evidence against the public interest in pro­tecting the free flow of information. Matter of a John Doe Grand Jury Investigation, 410 Mass. 596, 599, 574 N.E.2d 373, 375 (1991). See also Ayash v. Dana-Farber Cancer Inst., 443 Mass. 367, 403 n.33, 822 N.E.2d 667, 696 n.33 (2005).
Note: There is a radio show about this matter scheduled for Tuesday morning, 29 December 2009 at 8 a.m. at TOUCH FM.org. At that point people will learn more about a man who was the darling of Massachusetts Law Enforcement and media (Chronicle video here) for his video series “Voices from Behind the Wall," until he started speaking out about violence and racism in the prison itself, at which point he became social and political pariah. He went from being a celebrated proponent of social responsibility to being unceremoniously placed in the hole immediately after he spoke out...... (continued on jump page).


Christopher King said...

Thanks to the folks at Topix who shared the Linehan information in their pursuit of a CORI violation against me.

That led me to thoroughly review the law so that when I heard about the Van Sack situation I knew I had not committed any such violation and I had the information I needed all red-to-go!

-The KingCaster.

Christopher King said...

In the YouTube/on-Air video I did make a whoopsie:

"Without a Coakley investigation or Civil Litigation there is no disincentive for them to do anything else...."

Flipped my negatives on that one :)

-The Editor.

Christopher King said...

From Ms. Marinova:

The report exposes the Herald’s motivations and lies along with DOC staff’s violation of CORI laws by releasing the disciplinary report to Jessica Van Sack and violation of DOC regulations by discussing “Institutional Affairs” with the Media (strictly prohibited and a clear security breach).

Mr. Jones uses his rights as guaranteed under the First Amendment to dissent with DOC operations and the effects it has on the future of his community. He further continues to uphold his innocence and his rights as a human being.

Joanna Marinova
Co-Director, Programs and Operations

Christopher King said...

Bill, what do you say?

You know I'm right, man.

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31st December 2009 07:04:43
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