Judge orders witnesses in mayor’s defamation lawsuit to testify, turn over emails, texts or face sanctions

Court-appointed Discovery Master orders Guerline Alcy, Andrew Philbin, Jr. and owner’s executive secretary to produce documents, appear for depositions

By James Mitchell

According to records filed in Middlesex Superior Court obtained this week, in the ongoing defamation lawsuit filed by Mayor Carlo DeMaria, Jr. against the Everett Leader Herald newspaper, and its owner Matthew Philbin, publisher Joshua Resnek and Andrew Philbin, Sr., Middlesex Superior Court Judge Hon. Maureen Hogan, following a November hearing, has endorsed a motion filed by DeMaria’s attorneys that witness Guerline Alcy fully comply with a February 11, 2023 order by court-appointed Discovery Master Raymond S. Ewer, Esq. to turn over all emails and texts by December 9, 2024. In addition, Nicole Porcello, defendant Matthew Philbin’s executive secretary, and Andrew W. Philbin, Jr., brother and business partner of the defendant, must fully comply with a May 18, 2023, order by the court-appointed Discovery Master to appear for depositions on or before December 16, 2024.

Alcy, who appeared for a deposition on Sept. 30, 2022, after first rescheduling the original date from August, was questioned about an interview with corrupt Everett Leader Herald publisher Joshua Resnek relating to an August 2020 story in which she claimed Mayor Carlo DeMaria sexually harassed her and exposed himself while employed at the Mayor’s Office at Everett City Hall. In her deposition testimony given under oath, Alcy couldn’t identify the year in which she claimed the alleged inappropriate conduct occurred towards her. It was also shown through the limited emails produced by the defendants that there was a continued and coordinated campaign by Philbin and Resnek to use Alcy to fabricate false assertions targeting DeMaria, in the weeks before the September 2021 mayoral primary.

Alcy had resigned from her position in the city’s Constituent Services/311 department after being removed from her secretarial position in the Mayor’s Office following, in her nine years of employment with the city, repeated reprimands for insubordination and bizarre behavior to her supervisor and residents. Alcy now has until Dec. 9, 2024, to comply with the order or face sanctions by the court.

With respect to Nicole Porcella and Andrew Philbin, Jr., the defendants’ attorneys filed a motion in Oct. 2022 opposing Andrew Philbin, Jr.’s subpoena to appear for his deposition.

Philbin’s attorneys now must respond by December 5, 2024. Philbin, Jr. and Porcella have been ordered to appear for their depositions on or before December 16, 2024.

The trial is expected to start on Jan. 21, 2025.