By Geoff Edgers
Boston Globe

Brad Delp was her "best friend," someone she could turn to after a bad date, a breakup, or just a tough day. And for nearly 2½ years, Meg Sullivan also lived with the famed singer for the band Boston, staying in a spare bedroom at his house on Academy Avenue in Atkinson, N.H. By all accounts, the arrangement was platonic; Pamela Sullivan, Meg's older sister, was Delp's fiancee.

But the relationship between Delp and the Sullivan sisters took a dark turn on the morning of Feb. 28, 2007. That's when Meg Sullivan discovered a hidden camera that Delp had placed in her bedroom. She confronted Delp and fled to her boyfriend's place, marking the start of a personal crisis that appears to have dominated the last nine days of Delp's life. On March 9, Pamela Sullivan found Delp, 55, dead in his bathroom. The deeply depressed singer had killed himself by lighting two charcoal grills and letting the carbon monoxide overtake him.

These previously unreported revelations regarding Delp's relationship with Meg Sullivan have become a central piece of the now two-year-old defamation lawsuit filed by Boston founder Tom Scholz against the Boston Herald.

By Joe Dwinell
Boston Herald

When Fran Sheehan joined the rock band Boston in the 1970s, lead singer Brad Delp took him aside and confided that he feared what band founder Tom Scholz would do to the band members. "I have a feeling," Brad warned the young bass player, "that he's going to destroy us all and take us all down in the end."

According to testimony, which was summarized by Herald lawyers in court papers in the litigation filed by Tom Scholz against the Herald, what followed were several years in which Scholz "berated" and "belittled" the four other original band members almost nightly. According to the filings, Scholz screamed at Delp for not being able to hit the high notes and yelled at him on one occasion in front of the others: "If you ever, ever hit another high note like that, I will take that microphone from you and I will throw it in the crowd. They sing better than you do."

By 2006, Sheehan and two other original members, Barry Goudreau and Sib Hashian, had been gone from the band for 20 years, and the only original members left were Scholz and Delp. Brad told his closest friends that he wanted badly to quit the band, but was afraid if he did, Scholz would "make life miserable for him."

By Joe Dwinell
Boston Herald

A distressed Brad Delp, lead singer of the rock band Boston, told his close friends that band leader Tom Scholz was a "bully" who made him feel like "an abused dog," and that Delp was trying to summon the courage to "stand up" to Scholz and quit the band in the months before he took his life, according to summaries of pretrial testimony recently made public.

Delp committed suicide in March 2007 at age 55 shortly after being informed by Scholz that the band was going to be touring that summer, and just before rehearsals for the tour were about to begin.

Scholz has sued the Herald, alleging that in its reporting on Delp's suicide in 2007, the Herald defamed him by implying that Scholz was responsible for Delp's decision to take his life. Scholz also claims that the Herald's articles caused him emotional distress. The Herald denies that it blamed Scholz for Delp's decision to commit suicide, and states that it accurately reported the opinions expressed to it by Delp's friends, family and acquaintances about the pressures that Delp said he was feeling near the end of his life.

According to the testimony of Delp's close friends and former bandmates, Delp told them in the months leading up to his suicide that he was "terrified" of being sued by Scholz and that he desperately wanted to quit Boston for good but was afraid that if he did Scholz, who had been involved in litigation with numerous people associated with the band, would sue him.

By Joe Dwinell
Boston Herald

Superior Court Judge Frances A. McIntyre has denied an emergency motion by rocker Tom Scholz, the founder of the band Boston, to strike the Herald's evidence in support of its recently served motion for summary judgment. The Herald had submitted a summary of pretrial testimony given by more than 20 witnesses that contained more than 500 facts, which Scholz argued was "oversized."

The judge ruled that since Scholz brought the lawsuit against the newspaper, and given the extent of the evidence in the case, Scholz was "ill-positioned" to complain about the amount of evidence submitted by the Herald.

Scholz is suing the Herald over three 2007 Inside Track columns that he claims imply he drove fellow band member Brad Delp to commit suicide in March 2007.

Scholz's lawyers had appeared in court May 4 without notice to ask the judge to strike the Herald's evidence without affording the Herald's lawyers the opportunity to be heard, which McIntyre refused to do.

At a hearing on Wednesday where all the parties were heard, Scholz's counsel, Nicholas B. Carter, argued that "this is a monstrously long statement of facts," and it is "unfair to litigants" to pore through so much information. The court disagreed and ruled that Scholz would be required to respond to the summary of evidence presented by the Herald.

By Gary J. Remal
Boston Herald

A court-appointed master has ordered a lawyer for Tom Scholz to pay more than $17,000 to the Herald in attorney's fees as a sanction against her for withholding almost 20,000 pages of evidence some 14 months after a judge had ordered the Boston rocker to produce them.

Scholz, the founder of the band Boston, is suing the paper over three 2007 Inside Track columns that he claims imply that he drove fellow band member Brad Delp to commit suicide in March 2007.

Discovery Master Thomas F. Maffei found that Susan E. Stenger, of the Boston law firm Burns & Levinson, and not Scholz, was responsible for failing to produce nine boxes containing some 19,000 documents ordered to be produced by Massachusetts Superior Court Judge John C. Cratsley in the summer of 2010, but not provided to the Herald's attorneys until this past October.

But Maffei found that Stenger was not engaging in any intentional misconduct.

"I find no basis to conclude that the late production of the nine boxes was intentional on Ms. Stenger's part, that she purposely violated a court order, or that she withheld the boxes because Mr. Scholz directed her to do so," Maffei wrote in his Dec. 23 order. "The failure was a mistake, plain and simple."

Stenger declined to comment.

By Nate Dow
Boston Herald

It's easy to understand why Mark "Guitar" Miller gets choked up when he talks about Brad Delp. A legendary guitarist in Maine, Miller had become best friends with the former lead singer of the band Boston. Delp even served as best man at Miller's wedding.

Since meeting in 1980, Miller and Delp often performed together. They also contributed to each other's solo projects. But, just as Delp's 2007 suicide left so much musical promise unfulfilled, all of those recordings remained under wraps.

Now, after several delays caused by financial problems and heartache from Delp's death, Miller has finally released "Whatcha Gonna Do," the solo CD he made with "special guest" Brad Delp.

Miller said it was Delp who urged him to resume working on the album, which he started recording in a Hollywood, Calif., studio in 2000 but abandoned due to lack of funding.

By Mark Shanahan
Boston Globe

Bad news for the Boston Herald. A judge today rejected the newspaper's motion to dismiss a lawsuit filed against it by Boston rocker Tom Scholz.

Last March, three years after Boston singer Brad Delp committed suicide, Scholz sued the Herald for libel, claiming reporters Gayle Fee and Laura Raposa defamed him by writing that Delp's ex-wife, Micki, blamed Scholz for the singer's death.

"This court finds that Scholz's complaint and the inferences...support his claim that the defendants' alleged conduct is 'extreme and outrageous,'" wrote Judge John Cratsley in his decision.

Scholz, who is represented by attorney Howard Cooper, contends Fee and Raposa, authors of the tabloid's Inside Track column, attributed statements to Micki Delp that were "false and fabricated."

By Joe Dwinell
Boston Herald

In what is being hailed as a victory for the First Amendment, a Superior Court judge dismissed claims today brought by Tom Scholz, the founder of the band Boston, against the Herald over articles reporting on the rocker's lawsuit against the paper.

Scholz is suing the Herald over three 2007 Inside Track columns that he claims imply he drove fellow band member Brad Delp to commit suicide in March 2007. In May of 2010, the Herald published several articles reporting on Scholz's lawsuit and the parties' respective litigation positions in it. Scholz claimed that the Herald's May 2010 articles had defamed him and caused him emotional distress.

Massachusetts Superior Court Judge John C. Cratsley previously ruled that the Herald's articles accurately reported on the litigation. After the case was reviewed by an Appeals Court judge, Scholz argued that the articles were "unfair" and published with "malice."

However, after review, Judge Cratsley reiterated that the articles were not only accurate, but that Scholz had "come up empty handed" in presenting evidence that the articles were unfair or published for a reason other than to inform the public.

By Jerry Kronenberg
Boston Herald

A judge has ordered Tom Scholz of the rock band Boston to turn over documents, including e-mails between him and key figures in the case, sought by Herald lawyers defending the paper against a libel suit brought by Scholz.

Suffolk Superior Court Judge John C. Cratsley has granted Herald motions compelling Scholz, his wife, his ex-wife and his accountants to produce within 30 days e-mails and other documents that they had previously withheld.

“All e-mail correspondence shall be produced in its entirety, including any preceding messages and attachments,” Cratsley ruled.

The court rejected Scholz’s bid to subject the material to a far-reaching confidentiality order that the Herald’s lawyers claimed would have let Scholz pick and choose which documents to seal from public view.

Scholz’s lawyers argued that such an order was needed to protect the musician’s personal and business information.

By Joe Dwinell
Boston Herald

A superior court judge has thrown out a lawsuit brought by Tom Scholz, the founder of the rock band Boston, against the ex-wife of the group's longtime lead singer, Brad Delp.

In a 12-page decision, Superior Court Judge John C. Cratsley ruled that Scholz failed to present proof that Micki Delp defamed him and held that Scholz's allegations lacked sufficient evidence to go forward to trial.

Micki Delp is the ex-wife of Brad Delp, the former lead singer for the band Boston who committed suicide in March of 2007. Days after his death, Micki Delp spoke to the Herald's Inside Track about her views of the pressures her former husband was feeling in the period shortly before his suicide.

Scholz filed the lawsuit against Micki Delp, the mother of Brad Delp's children and Delp's close friend until the time of his death, alleging that when she provided her views to the Herald, she blamed Scholz for Delp's suicide.