Judge Catherine Ham’s Order Banning Journalist From Reporting On Rapist Michael Giannetti Is Thrown Out After Entertaining Hearing With New Judge
I discussed today’s court proceedings during an impromptu live show press conference after the victory. Click here to subscribe to our YouTube channel.
Last Saturday my mother gave me a piece of mail that was sent to her house in Worcester from West Roxbury courthouse, addressed to me. I opened it and it was a notice for a hearing date with Michael Giannetti, who applied for a restraining order against me. However, the hearing date was August 9, which had already passed.
You may recall that we have written about Giannetti several times before. He first messaged us in December, hoping we would write a blog criticizing the Boston Police for detaining him on the way to a court appearance. We finally wrote about him in March after several people messaged us to report that he was a heroin dealer who had admitted to giving drugs to several women, who died as a direct result of that. Here is a video of Mr. Giannetti talking about how he raped and drugged a girl who died while he was raping her.
“When I first made love to her she was like stop, no, stop. And I was trying to creep my way in and she was like stop, no, stop. And then once I got it in she was like uhhhhhhh, and then she gave me a go. Some girls play like that. We had good sex, and she knew me, and she died in my presence an hour within me being awake. She was sitting on the bed with short shorts on, I was a man, I mean come on, you can’t beat that. And we just start fucking. To me I made love to her that night. We had good sex and I don’t remember stopping but I woke up in side of her. I went to piss, came back, tried to wake her up, she looked dead, she wasn’t breathing. I tried to bring her back for 15 minutes while I tried to call 911 and I couldn’t get 911. And then I called my father and they asked me why I did it and I said she was already dead sir. I called my father because I needed my Daddy.”
He didn’t call 911, and instead called his father to try to clean it up. He got away with it because they couldn’t prove he gave her the drugs, but he did admit to raping her.
Additionally we were very concerned that he had custody of his one year old son, who he was using as a prop in several vulgar Facebook videos directed at his perceived rivals, and who he was yelling loudly at while being interviewed on our channel.
He has made several videos explicitly threatening to murder me, and knows that I do not live in Worcester.
Giannetti has frequently commented on my show, sent me threatening messages from his various Facebook accounts, and threatened to kill me multiple times on Facebook, Instragram, and Tik Tok videos. Here’s one from two weeks ago he sent to us.
“put a muzzle on his bitch”
“put that barrel in his mouth”
“put him in the dirt”
“Brand new 9 to your head, boom, flat line. 5 shot revolver put one in the chamber, spin it, Russian roulette, put a trigger – boom – kill ya. Even christ wouldn’t save your life, burn in Hell.”
“going to Holden”
I never responded to this because I’ve moved on from him a long time ago, but clearly he is not scared of me. All of these were entered into evidence today.
Mr. Giannetti has spent much of his life in and out of jail and lost custody of his son shortly after exposing himself while doing an interview on the Turtleboy Live show. A week later he filmed himself driving around Roslindale without a license looking for me, because he believed I was in town. During the live stream he crashed into another car and left the scene of the crime.
I have not written about Giannetti since then, as my primary concern was making sure the child was no longer in his custody. I did offer to foster the baby and allow it to decide what gender what it was, since I am progressive. He believes this was a threat to kidnap his child and “turn him into a transgender baby.”
This was the affidavit Giannetti presented to the court in order to get the hearing granted.
As you can see, this is Michael Giannetti’s best attempt at English. No rational person could make sense of it, and the clerk should’ve refused to grant a hearing until actual evidence was provided of wrongdoing. Here is the audio recording of him on August 4th, attempting to explain why he should get an order against me.
As you can hear, Judge Ham attempts to hold his hand through the process, despite being frustrated with the fact that he is not making any sense. At no time does he present any evidence that I hacked into his phone, attempted to kidnap his child, put a knife to his throat, or any of the other ridiculously false allegations he made up while under oath. Despite that Judge Ham still allowed for a two party hearing to be set up on August 9. Giannetti had the paperwork sent to a house I do not live in so I was not aware any of this transpired.
Giannetti himself admitted that he was not scared of me and was abusing the courts to get his copyrights back from me, which I do not possess.
A competent judge would not take someone like this seriously.
During the August 9 hearing Giannetti lied under oath, telling Judge Ham that he had spoken with me and that I was choosing not to show up for court. Based upon this lie, and only this lie, Judge Ham issued a restraining order against me that also included a provision that the defendant (me) is “ordered not to post online about the plaintiff on any social media or online format.”
The temporary restraining order that was in place until our hearing on August 23 was egregious enough, but the order not to write about Michael Giannetti is a First Amendment violation, and a blatant one. If I was just some guy on social media being told by a judge not to write about another guy it would be a huge problem, and a 1A violation. However, I am a journalist who has broken more major stories than every journalist at the Boston Herald and Globe combined, which makes this even more outrageous.
Would a judge grant an order against a Globe reporter who wrote about a man arrested for selling heroin? Of course not.
Would a judge grant an order against a Globe reporter if someone read their story about a man selling heroin and harassed the heroin dealer online? Of course not.
This judge openly violated my First Amendment rights, and in doing so protected a predator. She did this based on zero evidence, without giving me a chance to defend myself in court, and without even allowing me to be notified of the court date. The police served me with this order last Monday, and if I violated it I risked arrest and prosecution, so I waited until the hearing.
Judge Ham arbitrarily decided that I do not have the same rights as a reporter for the Herald, Globe, or any other corporate controlled media outlet. She has no legal basis or authority to do this. She not only attacked the First Amendment, she attacked independent journalists and citizens who express their opinions on social media. Not only should she be disbarred for this, she should be sued in federal court and prosecuted for abusing her power.
Also notice what Judge Ham wrote for a note on that affidavit:
“8/9/21, previously set up for 2 party hearing today, defendant (triangle symbol) posted over weekend, plaintiff (pie symbol) defendant court date, defendant ignored and did not call”
I was not alerted of this hearing date until August 14, at which point I posted about receiving notice of it on Facebook. This is what she is referring to:
She is suggesting that I acknowledged I was aware of the court date on August 9 and chose not to attend, when it clearly states that I was never served, and was only alerted to a hearing date on August 14. By that point it was too late to call, but she wrote this note anyway on Monday morning and had me served by the police at my home where my children live.
Judge Ham was nominated to the bench by Governor Baker in 2019, and previously worked for Suffolk County DA Rachael Rollins, who I have been extremely critical of. She was widely celebrated not for her work as a prosecutor, but because she was a woman of color.
At her confirmation hearing in 2019 in front of the Governor’s Council she cried on command and claimed to be a victim of racial discrimination (starting around the 21:30 mark).
Clearly this woman’s politics do not align with mine, which is why she is attempting to vindictively violate my First Amendment rights.
Today in court we had a different Judge for the 9 AM hearing, and when we were called at 10 AM Giannetti was not there because he was running late. Apparently he’s allowed to just come to court whenever he feels like, despite living a few minutes away and having the option to attend remotely. When he arrived and our case was called at 11:30 he was cross examined by my attorney Marc Randazza and Giannetti rambled on incoherently. He did admit to threatening to kill me in the videos. After that Giannetti had the option to question me and it did not go well for him. These videos were sent to me, but we will pull tapes of the entire proceedings.
The order was terminated, and my undefeated streak in court continues on.
This entire ordeal was a joke. Our justice system is not serious when judges like Catherine Ham are allowed to hand out orders so cavalierly. However, she is far from the first judge to do this to me. I have had temporary restraining orders granted against me by judges in the following courts after subjects I have written about claimed they were being harassed as result of my reporting:
- Attleboro (Kate Peter)
- Springfield (Jeffrey McAdam twice)
- Brighton (Charlotte McFarland twice)
- Providence Superior (Ashley St. Angelo)
- Washington County Rhode Island Superior Court (Kathryn Narcissi)
In the Attleboro, Springfield, Providence, and Brighton cases I had 10 day orders placed against me, banning me from contacting the plaintiffs. Although this was problematic I had no intention of contacting them anyway, and all those orders were thrown out at the next hearing date. However, in the Narcissi case Judge Susan McGuirl made the mistake of ordering that I not only refrain from contacting the plaintiff, but also ordered me to remove blogs about her. This was a First Amendment violation, since the court was restricting my legally protected public speech, and for that reason the Rhode Island ACLU agreed to defend me. A federal judge agreed with my attorney and the lawsuit and order were thrown out.
A message needs to be sent loud and clear to these judges that this is no longer acceptable, and for that reason I have conferred with counsel and we are discussing suing Judge Ham in federal court. Millions of young men did not sacrifice their lives in defense of this country and our Constitution for some woke judge in Boston to come along and decide that the First Amendment no longer exists. I will not go quietly, and I will not obey tyrants. Thank you for your support.
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