The Boston Globe - 31.07.2019

WEDNESDAY, JULY 31, 2019 The Boston Globe The Region A

bullying Crash Line Produc-
tions into hiring nine members
of the International Alliance of
Theatrical Stage Employees Lo-
cal 11 for the September 2014
festival.
Testifying under immunity
does not suggest guilt or even
complicity, legal specialists
said.
“An immunized witness tes-
tifies because they have immu-
nity to tell the truth without
fear of being prosecuted,” said
Ben Goldberger, a former Suf-
folk prosecutor and former dep-
uty legal counsel to Governor
Charlie Baker. “That truth
could be, ‘I committed a bunch
of crimes with these defen-
dants,’ but the truth can also be,
‘I didn’t do anything wrong and
neither did [the defendants.]’ ”
An innocent witness may
still need immunity, said Gold-
berger, now a lawyer at McDer-
mott, Will & Emery.
“Sometimes, the govern-
ment overreaches or makes
mistakes or doesn’t understand
things and they end up charg-
ing innocent people,” he said.
Linehan, who managed
bands such as the Lemonheads
and the Smithereens before be-
coming active in politics, has
been described during the trial
as a “friend” to Boston Calling,
the music festival that began in
2013 under Mayor Thomas M.
Menino.
Prosecutors have also pre-
sented e-mails between her and
Crash Line cofounder Brian Ap-
pel, who in 2014 was complain-
ing about the difficulty he was
having with city permits, specif-
ically a liquor license that Bos-
ton police wanted to modify to
curb the flow of alcohol at the
event.
Martin G. Weinberg, a crimi-
nal defense attorney, said it
makes sense for Linehan to
seek immunity given that her
name comes up so many times
in the correspondence.
“Given that they’re prosecut-
ing Mr. Brissette [and Sullivan],
the others who are at City Hall
associated with him could have
a good-faith principal concern
that they would want to be im-
munized before they testify,”
Weinberg said. “Part of our jus-
tice system is to protect people
by conferring immunity on
them when the government is
seeking to compel their testi-
mony.”
Brissette and Sullivan are ac-
cused of exploiting Crash Line’s
fear that it would not receive its
permits in time for the festival
to obtain union jobs. Other wit-
nesses, however, have testified
that neither man had control
over the permits. Appel has tes-
tified that he felt he “had no
choice” but to hire union work-
ers if he wanted to extend his
lease agreement with the city to
host the concert at City Hall
Plaza.
Defense attorneys have
countered that Brissette and
Sullivan were trying to prevent
an embarrassing picket on the
plaza by the union, which was
furious at Crash Line and want-
ed to protest by bringing out a
giant inflatable rat, a symbol of
union unrest, to the 2014 festi-
val.
Linehan, who came to court
with her lawyer, John McGlone,
took the stand briefly near the
end of Tuesday’s hearing. Dur-
ing her testimony, Assistant US
Attorney Laura Kaplan pro-
duced a memo Linehan wrote
to Walsh and Sullivan in Febru-
ary 2014 that described Crash
Line’s complaints.

uBOSTON CALLING
Continued from Page A

“This year, they have had dif-

ficulty with Consumer Affairs

and Licensing,” Linehan wrote.

“It sounds like there are issues

to be ironed out with [Local

11]. Before this gets conten-

tious, which is where I see it

headed, I suggest that all con-

cerned parties sit down and

talk, so that everyone can figure

out whether Boston Calling’s

business model will work for

the administration.”

Kaplan asked Linehan what

she meant by the “issues” with

the union. Linehan said she

was describing the complaints

it had with an internship pro-

gram Crash Line had put in

place to hire unpaid workers.

In August 2013, just before

that September’s festival, Crash

Line had placed an ad for “vol-

unteer” workers for the con-

cert. For $10, volunteers could

work 12 hours at the weekend

festival, the ad said.

They had to put down a

$155 refundable deposit to se-

cure their spot.

The Walsh administration

was concerned about the prac-

tice and believed it needed to be

handled by the state attorney

general, Linehan said.

In April 2014, Appel sent an

e-mailtoLinehantellingher

the company would no longer

use the program and would pay

all its workers.

The ad was just one of sever-

al reasons the union was angry

with Crash Line, according to

Colleen Glynn, the business

manager for Local 11, who also

testified Tuesday. The company

had also hired a nonunion com-

petitor, Bill Kenney Produc-

tions, to set up the festival.

“Fair to say that those mem-

bers wanted to come and pro-

test the Boston Calling shows?”

asked Sara Silva, Brissette’s law-

yer.

“Yes,” Glynn said.

“They wanted to bring that

rat,” Silva said.

“Yes,” she said.

Assistant US Attorney Kristi-

na Barclay asked Glynn wheth-

er she had told Crash Line or

the defendants that her union

planned to protest.

Glynn said no, but she said

she had told Sullivan that mem-

bers were angry and “champing

at the bit” to do something. She

said she did not recall saying

anything to Sullivan about

bringing the inflatable rat.

But on cross-examination,

Glynn said she “may have”

mentioned the rat to Sullivan

and said other members of her

union were angry enough that

they could have called City Hall

to express their desire to protest

with the mascot.

“Bill Kenney Productions

didn’t pay area-standard wag-

es,” Glynn said. The company

was “just totally undermining

everything that we do and all

that we stand for and this was

all happening on public proper-

ty at City Hall.”

Maria Cramer can be reached

at [email protected]. Follow

her on Twitter @globemcramer.

Top Walsh aide testifies withimmunity at extortion trial

JIM DAVIS/GLOBE STAFF/FILE 2016

Joyce Linehan, Mayor Martin J. Walsh’s policy chief, has

been described in the trial as a “friend” to Boston Calling.

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