Capone never took ‘Blue Suit’ articles seriously; no knowledge of newspaper’s strategy; lamented unknown ally’s cash donations to Resnek

Carlo DeMaria, Jr. vs. Everett Leader Herald, Sergio Cornelio, Joshua Resnek, Matthew Philbin and Andrew Philbin, Sr

He’ll never forget what’s-his-face

  The deposition of one-time mayoral candidate and local Attorney Fred Capone, along with his Attorney, Daniel Skrip, continued on November 9, 2022, at the Boston law offices of Saul Ewing Arnstein & Lehr, with questioning by Attorney Jeffrey Robbins pertaining to the lawsuit against the Everett Leader Herald newspaper, Matthew and Andrew Philbin, Sr., and Joshua Resnek. Capone was asked about his relationship with Leader Herald owner Matthew Philbin, and he said that he met him once or twice but never discussed his intentions to run for mayor until after he formally announced.

  Capone stated he didn’t recall any specific conversation except the one where Philbin asked him if the paper was doing enough for him. Capone complained to Philbin that he was sending in press releases and photos, but they weren’t being published. Philbin told him that the next time he submits anything again to copy him on his email to ensure publication.

  “You had his email address, or he gave it to you?” asked Robbins. “He gave it to me, I would imagine. That’s how I was able to ‘cc’ him,” stated Capone.

  The attorney showed Exhibit 10, a Jan. 4, 2021, email between Resnek and Philbin, where Resnek states that he was speaking to Capone often – including a half hour that day. But Capone said he was only communicating with Resnek at City Council meetings for a quote. When asked if he had any conversations about funding the effort to increase the delivery and printing of the newspapers, Capone denied any conversation about the subject.

To tell the truth

  Robbins handed Capone a copy of Exhibit 11, an April 22, 2021, email between Resnek and his pal, Russel Pergament, former publisher of the defunct Tab and Metro newspapers, where he answers Pergament’s inquiry into Capone’s chances of winning the election. Resnek states that Capone was smart, honest, “has integrity – has plenty of money” and that he and his wife were lifelong Italian Everett people.

  “He just put up $20,000 for me to deliver the paper door to door every two weeks until the primary. The other guy can’t beat my messaging citywide,” writes Resnek.

  “If he says I gave him $20,000, it’s a lie,” said Capone, claiming that he never had any conversation about providing funding for the newspaper.

  Capone stated that he did read about money being delivered in the newspaper – “some nonsense like that” – yet denied any involvement or conversations with Resnek or conversations Resnek had with anyone relating to funding the newspaper.

  Resnek also expressed his excitement about Gerly Adrian’s candidacy, saying to Pergament, “Better yet, I believe the Black woman will be running. I think she can win! With both of them running into a September primary, the mayor gets bounced.”

  Atty. Robbins then asked Capone if he felt Resnek, as he claims in his email, was the battlefield general leading an effort to defeat the mayor. “No,” was his reply.

Time to get it together

  Robbins queried Capone about his lack of emails as part of the subpoena. Capone stated that when he did an email search, it didn’t come up. Robbins replied that this was the second email from his email account that wasn’t produced by him. “Weren’t intentional,” replied Capone. “I’m not saying they were,” said the attorney.

  Attorney Robbins requested Capone and his counsel to do a re-search of his emails, to which Capone’s attorney requested that the search be limited to Resnek and Capone.

  Robbins stated for the record that there hasn’t been sufficient compliance and there were no limitations in the discovery process relating to communications. “I’m simply saying that, clearly, there are a bunch of emails that show up from other searches – from other people – that you haven’t produced, and they’re to and from your email account, and since emails to and from your email account related to this subject matter were called for in the subpoena, you can appreciate that we need to have compliance with that, right?” asked Robbins.

  “I understand,” replied Capone.

The Predator versus Longevity

  He was then shown a Sept. 13, 2021, email between himself and Resnek, who tells Capone to be ready for a phone call from Boston Globe reporter Andrea Estes. “She is doing a piece already approved by her editors on the Cornelio thing. Andrea is a predator. Her editors told her they want this before the primary. You would be well advised to act accordingly. Please speak with her and say what you can when she questions you,” demands Resnek.

  Capone stated that he remembers only answering some questions mostly pertaining to the longevity payment issue, which was voted in favor, 8-1, by the City Council in 2016. Capone was the lone vote against. The discussion continued about the longevity pay issue, which Resnek exploited for years. Atty. Robbins asked Capone if, as a member of the City Council, between the council budget committee meeting in 2017 and 2021, did he ever make any inquiry or raise any issue about longevity pay for the mayor. Capone replied, “I don’t think so.”

A strategy for failure

  The newspaper’s distribution returned to the conversation when Robbins read a July 29, 2021, email between Philbin and Resnek where the two discuss the “Strategy” of raising $16,000 from three people in order to finance the newspaper’s printing and distribution for seven weeks leading up to the election. The “strategy” – “that must remain vigorous creating the news windows for Adrian and Capone.”

  Robbins described Resnek’s strategy, which would be an “atomic attack on Wednesday, September 15th, with an insert of say 8 tab pages including Globe articles, Proffer agreement and explanation, and Revere Police Report will be the guts of the insert.”

   Capone testified that he was completely unaware that the Leader Herald was deliberately printing stories that were critical of the mayor leading up to the primary and the general election, week after week. “They were printing what they were printing. Whether it was true or not, what they had for information, what their sources were, I had no idea,” stated Capone.

  Capone then stated in response that he had no idea about the fundraising by Resnek to pay for the “atomic blast” against the mayor.

Sticky Fingers strikes again

  In an April 29, 2021, email from Resnek to pal Pergament, Resnek describes another scenario where “a Capone ally” will give him an extra $1,600 bucks twice a month to distribute the newspapers citywide. “I am picking up the c-notes this morning in Everett,” stated Resnek.

  Capone denied having any information of an “ally” providing money to Resnek, replying, “No. The campaign could have used those funds.”

  Next Week: The Misadventure Continues.