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.