John M. Peckham, III vs. Boston Herald, Inc., et al., 48 Mass. App. Ct. 282 (1999) applied to Gillenwater v. Denner, Suffolk 2005-5469.

If the Boston Herald can openly discuss a story about a paternity suit why can't Derrick Gillenwater discuss Jeffrey Denner's proved and unappealed ineffective assistance of counsel as determined by Judge Diane Moriarty?

John M. Peckham was and is a published author and a man of stature in the Boston Community. He was at the time of the Action a leading realtor and the president of at least two real estate brokerages, the Peckham Boston Advisory Company and the Investment Network of America. In 1989, Peckham received the Realtor of the Year award from the Greater Boston Real Estate Board. Besides being a business leader, Peckham was a recognized civic leader, active in "The Ten Club," a social and philanthropic organization composed of persons who, like himself, were former recipients of "The Ten Outstanding Young Leaders Award" given annually by the Greater Boston Junior Chamber of Commerce.

Held: Summary Judgment for Defendant Boston Herald on Invasion of Privacy, Defamation whatever else. There was no Cause of Action against the Boston Herald for openly discussing a matter of public record about a paternity suit against him.

Jeffrey Denner was and is a man of stature in the Boston Community. Apparently these two Boston area Judges (Lauriat and Spurlock) believe there is some sort of Cause of Action against Derrick Gillenwater for openly discussing his proved ineffective assistance of counsel. Even though it cost him his liberty for several months and it is the subject of valid litigation that does not threaten National Security or defame Defendant Jeffrey Denner. As to Peckham shaggin' the secretary:

"Levy confirmed the existence of the action and discussed the details of an affidavit he was preparing to file on Gendron's behalf to support the allegations of her complaint. [Note 3] On January 11, 1990, the Herald published in its daily newspaper the following story as part of Nathan's social/gossip column called "The Eye":

"Oh baby! Business and pleasure just don't mix

"Peckham's bad boy: Bulletin, bulletin, bulletin!

"Bigtime Boston real estate dealer Jack Peckham (that's John M. Peckham 111) 1989 Realtor of the Year and one of the city's 1989 10 Outstanding Young Leaders, has a brand new title: Daddy.

"It's true! It's true!

"Peckham, 56, president of Peckham Boston, has been taken to court on a paternity suit. He's the father of 2-month-old John Richard Gendron, alleges Louise Gendron, who once worked for him."

Summary Judgment for the Herald, but Derrick gets shut down. Something's not right here. At all.