MISTRIAL MA - Professor Karen Read, 43, charged with murdering police officer boyfriend John O'Keefe by hitting him with car, Canton, 14 Apr 2023 #18

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  • #641
This judge scares me!! Seriously! I have been taught to "trust the legal system". The innocent will go free. Nope! Not true! The amount of leeway the CW is given in every instance; and conversely, the amount of distain the defense is shown!! Someone tell me how this happens?! Someone please tell me why this judge is allowed to continue to try this case and a new unbiased judge hasn't been brought in?!!
 
  • #642
Being honest here, but listening to Brennan (or trying to) I am convinced even he knows this rebuttal to the motion to dismiss regarding the Sally Port videos is a non winner. He sounds defeated already.

But, he isn't defeated with the judge squarely on his side. She will probably hand him the arguments he needs on a silver platter to dismiss. Sorry! I just can't with this case. :/
 
  • #643
Being honest here, but listening to Brennan (or trying to) I am convinced even he knows this rebuttal to the motion to dismiss regarding the Sally Port videos is a non winner. He sounds defeated already.

That's ok, the judge has got his back regardless.....oh, please let her prove me wrong and stop this corrupt persecution of KR. JMO
 
  • #644
But, he isn't defeated with the judge squarely on his side. She will probably hand him the arguments he needs on a silver platter to dismiss. Sorry! I just can't with this case. :/

True! In comparison, this Court's demeanor and attitude toward the defense is like never seen before. One can hear the Court's heavy sighs during the defense argument while Special Prosecutor Brennan is allowed to speak without interruption or requirement to cite page numbers, etc.,.... SMH!
 
  • #645
Latest updates from Courthouse

  • 3:11 p.m. Brennan says Read's defense didn't specifically ask for PD videos. He says defense attorney David Yannetti initially suggested the PD was not part of the crime scene.
  • 3:09 p.m. Brennan says the prosecution had no reason to believe the Canton PD video would be relevant to the case until the defense started to develop its third-party culprit theory that someone else killed John O'Keefe. He says in many cases, PD's never turn over similar videos.
  • 3:06 p.m. Brennan says Proctor was aware of the "grainy" video, was unaware of the "inverted" video and did not intend to withhold the outside video. Brennan says that last part was an "oversight" by Proctor but not the fault of the prosecution.
  • 3:03 p.m. Brennan says there's no evidence that video was altered or withheld. If the government was going to hide this video from the defense, they would have never gotten it, Brennan says.
  • 3:02 p.m. Brennan says he visited Canton PD earlier this year & a sergeant told him he'd occasionally download videos from the surveillance system & save them to a separate file. Brennan says he then asked for a search for other video. He says that's when he got the new outside video.
  • 2:59 p.m. Brennan says the police chief and her staff downloaded video, not because of the trial, but because they wanted to protect their own reputation.
  • 2:57 p.m. Brennan says the Canton police chief heard about defense concerns about poor quality, so she asked PD staff to download more video. He says as of June 2024, Proctor still had some video he hadn't told prosecutors about.
  • 2:54 p.m. Brennan says Proctor later made a request for video from OUTSIDE the PD. Sgt Bukhenik went to PD to get the video in June of 2023 and delivered it to Proctor. Brennan says ADA Lally did not learn about the video until they read Proctor's testimony before the grand jury.
  • 2:52 p.m. Brennan says the prosecutors did not know that there were videos from the PD video before the start of the trial. He says they later learned Proctor had requested video from the PD. "Trooper Proctor did not provide it to the prosecutors," says Brennan.
  • 2:50 p.m. Judge asks special prosecutor Hank Brennan why the video was released by "dribs and drabs". "That's what I'm focused on," the judge says.
  • 2:48 p.m. Jackson concludes. The judge has a few questions. She wants to know where defense gets its claim that the taillight was broken into "47 pieces." Jackson says it's the number of pieces that were booked into evidence.
  • 2:46 p.m. Jackson says the only remedy for "this gross misconduct" is dismissal. But he says the judge could also order evidentiary hearing to explore these issues further.
  • 2:43 p.m. "It was literally a fraud on the jury," Jackson says.
  • 2:42 p.m. Jackson says this was a strategy "to get a conviction at all costs."
  • 2:41 p.m. Jackson says "this was a pattern" by the MSP and Canton Police Dept. And he says recently evidence shows it was intentional.
  • 2:40 p.m. Jackson says the prosecution claims it is "equally aggrieved" by the absence of video of the SUV. "The commonwealth can't claim they're aggrieved when they're the ones doing the aggrieving," Jackson says.
  • 2:37 p.m. Jackson says the prosecution now admits that one of the videos was later found in a "paper case file." But says it's not clear whose file and who found it.
  • 2:34 p.m. "We know Proctor lied to us. Could he have lied to them (the prosecutors)?" Jackson asks. He says it doesn't matter.
  • 2:33 p.m. Jackson says Proctor lied during the trial when he said "that video was discovered later and has been turned over." "He controlled it, he hid and he lied about," Jackson says. "There is no other way to define this," Jackson says. "He fooled us."
  • 2:29 p.m. "Who's at the center of all these sallyport videos," Jackson asks. "It stands to reason it could have been Trooper Proctor," he says.
  • 2:27 p.m. Jackson is now reading from a report written by MSP Sgt Bukhenik about when and how he received various videos. He says one of them showed up on his desk with a sticky note just before he testified at the first trial.
  • 2:24 p.m. Jackson says all of the recently shared video is of poor quality and is not helpful. Jackson says the "bulk" of the PD video continues to be withheld from the defense.
  • 2:22 p.m. Jackson says the person who downloaded the video spoke about it with the Canton PD chief. He says the chief held on to video showing ATF agent Brian Higgins outside the PD. "That's a legal definition of bad faith," Jackson says.
  • 2:19 p.m. Jackson says "most troubling" is a report the defense received last Friday. It's about the dates that videos were turned over to MSP. The report's author says he downloaded all the video of the car in June of 2023. Jackson asks how he could do so.
  • 2:15 p.m. "What was the delay (for these videos)"? Jackson asks. He insists it must have been intentional.
  • 2:14 p.m. Jackson says the Canton PD chief ended a note about how the videos are recorded with "LOL."
  • 2:13 p.m. Jackson says it doesn't matter if prosecutors didn't know earlier about the recently released videos. He says someone involved in must have known.
  • 2:11 p.m. Jackson says, "We're still getting videos that we can't get a straight answer about the source." Jacksons asks who knew the original PD videos would be automatically overwritten and who made the copies of the videos that have been released.
  • 2:09 p.m. Jackson says prosecutors' claim that Proctor was standing "several feet" from the taillight is unsupported. He asks the judge if she'll treat prosecutors the same way she treated him earlier in the hearing. (This seems to be getting personal.)
  • 2:06 p.m. Hearing resumes. Jackson insists someone must have known that the video of Read's SUV was inverted before it was revealed during the first trial.
  • 12:54 p.m. Jackson says it's "odd" that the prosecution claims "the trial prosecutor" didn't know about the recently shared videos. Jackson asks which prosecutor that means, ADA Lally, ADA McLauglin, both? Lunch Break
  • 12:52 p.m. Jackson says everyone recently learned that the PD surveillance videos are automatically overwritten after 30 days. He says that shows any videos of the SUV must have been saved by someone within 30 days.
  • 12:49 p.m. "There is no question Michael Proctor and both agencies withheld evidence," Jackson says.
  • 12:44 p.m. Jackson says the taillight was cracked but not shattered when it arrived at the police department. He suggests there must be PD videos that show that.
  • 12:42 p.m. Jackson says the videos are all "somehow, some way defective." Jackson says the MSP search team arrived at the scene BEFORE the SUV arrived at the PD, but that the first taillight pieces were not found until AFTERWARDS.
  • 12:34 p.m. Jackson says it was Sgt Yuri Bukhenik who wrote this new report. Jacksons says Bukhenik and another person reviewed either the "inverted" video or the exterior video.
  • 12:33 p.m. Jackson says last Friday the defense received a MSP report. It's from a state police investigator who says he received a video DURING the trial. Jackson says that video was not shared with defense until AFTER the trial.
  • 12:30 p.m. Jackson says the condition of Read's taillight when it arrived at the police dept is of critical importance. He says that's because no taillight pieces were found at the scene until after the SUV arrived at the PD.
  • 12:28 p.m. Jackson says critical evidence was intentionally withheld from the defense. The judge asks if a retired Canton police sergeant who kept some videos is available for questioning. Brennan says yes, but not today.
  • 12:26 p.m. The judge says she wants to move on from this topic. Jackson begins his argument for the defense's motion to dismiss. He says he wants to focus on the videos of Read's SUV from the Canton Police Dept garage. Jackson says critical evidence was intentionally withheld from the defense. The judge asks if a retired Canton police sergeant who kept some videos is available for questioning. Brennan says yes, but not today.
  • 12:21 p.m. The judge says Jackson signed an affidavit about Fanning's role two weeks ago. Suggests he already knew then that Fanning had no jury access. Jackson denies signing anything of the sort.
  • 12:17 p.m. Jackson says ADA McLaughlin told them Fanning was the "commander of the extensive security operations" at the first trial. Jackson says they concluded that meant he was in charge of jury security. Jackson says Lt Fanning was part of the original investigation and was at Read's home on the day her cell phone was seized. Jackson says someone reported to Fanning that a juror had said something about the case.
  • 12:16 p.m. Jackson comes to the podium. Says during a sidebar on the final day of trial, the judge told them there was a report of juror misconduct. Jackson says a court officer told them at the time that the source of the report was Lt. Fanning.
  • 12:11 p.m. Judge is reading from the defense's motion. This is the part where the defense alleges jury tampering by a state police lieutenant who worked on the security detail during the first trial. Judge says it's "simply not true" that the lieutenant had any control over the first trial jurors. She says only court officers dealt with jurors.
  • 12:10 p.m. The judge enters. Attorneys introduce themselves. Judge says she will unseal recordings of Gretchen Voss' interview with Read. Says prosecution can use it today if they want. Judge says she wants to start with the defense's motion to dismiss.
  • 12:04 p.m. Read and her attorneys have arrived at the courthouse in Dedham. They're seated at the defense table. Alan Jackson is leafing through a binder. We expect him to argue the motion to dismiss.

One of the key arguments presented by the defense on Wednesday is the allegation that Massachusetts State Police Lt. Fanning tampered with the jury during the first trial. Read's team said the same lieutenant also worked on the original investigation into O'Keefe's death and was involved in reporting an incident during the trial that led to a juror being dismissed.

Cannone, however, rebuked the defense. She said the lieutenant had no contact with the jurors and defense attorney Alan Jackson knew that.

"So the fact that what you state as fact, that Lt. John Fanning had control over access to this jury, is simply not true, Mr. Jackson," Cannone said.

 
  • #646
Being honest here, but listening to Brennan (or trying to) I am convinced even he knows this rebuttal to the motion to dismiss regarding the Sally Port videos is a non winner. He sounds defeated already.

He's definitely very low energy today compared to other days.
 
  • #647
It seems that brennan is still lobbying for a gag order.
 
  • #648
It seems that brennan is still lobbying for a gag order.

Brennan is feeding the beast with 'Alan Jackson bad' statements.

Judge Bev LOVES this.
 
  • #649
Now accuses the defense of creating bedlam, lol
 
  • #650
12:21 p.m. The judge says Jackson signed an affidavit about Fanning's role two weeks ago. Suggests he already knew then that Fanning had no jury access. Jackson denies signing anything of the sort.

  • 2:19 p.m. Jackson says "most troubling" is a report the defense received last Friday. It's about the dates that videos were turned over to MSP. The report's author says he downloaded all the video of the car in June of 2023. Jackson asks how he could do so.
  • 2:15 p.m. "What was the delay (for these videos)"? Jackson asks. He insists it must have been intentional.
  • 2:14 p.m. Jackson says the Canton PD chief ended a note about how the videos are recorded with "LOL."
  • 2:13 p.m. Jackson says it doesn't matter if prosecutors didn't know earlier about the recently released videos. He says someone involved in must have known.

IMO, none of these facts are going to matter to this Court!
 
  • #651
ETA: Latest updates from Courthouse -- cont.

  • 4:04 p.m. Yannetti asks for a chance to speak. He says he did not make any out-of-court comments about the DA being under federal investigation. He says he made those comments on Zoom during a regular court hearing.
  • 4:01 p.m. Jackson concludes. The judge does not immediately rule on motion to dismiss. She says the defense's motion to exclude a prosecution witness will have to wait until the next hearing on March 18th.
  • 3:59 p.m. Jackson asks if Brennan had a recent conversation with Fanning and, if so, why hasn't that been shared with the defense. "This case should be dismissed because of the conduct of the Commonwealth," Jackson says, including he says because Proctor withheld video.
  • 3:58 p.m. Jackson says the position of text on the "inverted" video just shown by Brennan is not the same as the one shown to jurors during the first trial.
  • 3:55 p.m. Jackson says after investigators pieced the taillight back together, one piece was still missing.
  • 3:54 p.m. Jackson says PD video is not normally saved but in this case it showed the alleged murder weapon, ie the SUV. And he points out the Proctor thought to get save the video.
  • 3:52 p.m. Jackson says he wanted to question the juror and Fanning but the judge never gave him a chance before deciding to dismiss the juror.
  • 3:51 p.m. Jackson says he doesn't know who made the original report about the juror's alleged misconduct. Jackson asks how did that person know that juror was serving on this case and why did they record that juror. He asks why that person then chose Fanning to report the conduct.
  • 3:49 p.m. Jackson says Fanning was investigated for receiving the vulgar text messages from Proctor about Read. He says Fanning's answer was he was on vacation.
  • 3:47 p.m. Jackson says someone other than the defense identified Fanning's role in the reporting of the alleged juror misconduct during a sidebar. He doesn't say who that was.
  • 3:46 p.m. Jackson comes back. Jackson says the defense claims there was "juror interference". Jackson says he has "nothing but the highest regard" for the court officers. "He acts like we've insulted the court officers, which we haven't," says Jackson.
  • 3:43 p.m. Brennan says Fanning was not in charge of jurors, that he was involved with organizing security from a remote location and never set foot on the courthouse grounds during the trial. Brennan says the judge should throw out the defense motion to dismiss the charges.

Latest updates from Courthouse -- cont.

  • 3:43 p.m. Brennan says Fanning was not in charge of jurors, that he was involved with organizing security from a remote location and never set foot on the courthouse grounds during the trial. Brennan says the judge should throw out the defense motion to dismiss the charges.
  • 3:41 p.m. "It's an attack on the integrity of the trial court," Brennan says. He says the defense wants people to believe that court officers would falter in their duty to protect the jurors.
  • 3:39 p.m. Brennan says the defense has distorted the truth by claiming Fanning had access to and control of the jury.
  • 3:38 p.m. Brennan says that after the defense planted the "acorn", they went looking for "a villain" and targeted Lt Fanning. "They try to smear him, degrade, dehumanize," Brennan says.
  • 3:35 p.m. Brennan says the defense is trying to plant "an acorn" about jury tampering. He says Read raised these issues during a TV interview on the night of the Super Bowl.
  • 3:31 p.m. Brennan says Read told reporter Gretchen Voss that she also noticed her taillight was broken.
  • 3:31 p.m. Brennan says video of Read's vehicle outside her parents' home in Dighton also shows a broken taillight and a naked bulb.
  • 3:30 p.m. Video shown of Read's SUV in O'Keefe's driveway hours before she was arrested. Brennan says it shows the passenger taillight is already broken.
  • 3:24 p.m. Brennan says Read's SUV "nudged" another vehicle as she left but says that "nudge" was not enough to break the taillight.
  • 3:22 p.m. Now Brennan is showing doorbell video showing Read's SUV leaving O'Keefe's home a few hours hours after she left him at the party. He says the taillight piece is already missing.
  • 3:20 p.m. Brennan shows puts up the "inverted" video on a screen in the courtroom. Points to the reverse "4" on the garage door. He says a previously recorded video from the same camera shows the same inversion.
  • 3:18 p.m. Brennan rejects the defense claim that the taillight was simply "cracked" before the SUV got to the SUV. He says a police officer testified that he saw a piece was missing.
  • 3:15 p.m. "It should have been managed better," Brennan says about the PD video. But he says there's no proof the videos are exculpatory, ie help Read's case.
  • 3:15 p.m. Brennan says there really is "no aha moment" about the video showing Higgins on the phone outside the PD.
  • 3:12 p.m. Brennan says Proctor hid nothing while testifying and that Bukhenik did not lie about the "inverted" video.
  • 3:11 p.m. Brennan says Read's defense didn't specifically ask for PD videos. He says defense attorney David Yannetti initially suggested the PD was not part of the crime scene.
3/5/25

 
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  • #652
What happened in the last part of today my stream died.
 
  • #653
Yes, the one missing piece of taillight needed to completely restore the broken light. And how about the extra pieces of tail light submitted by LE described in the Ashley Vallier testimony(lab tech) that did not belong or fit anywhere. Just extra pieces. Makes one wonder where those extra pieces came from.
 
  • #654
my feed went blank...what happened, is the hearing suddenly over?
 
  • #655
my feed went blank...what happened, is the hearing suddenly over?
Think some maybe even all streams died just at the last part of today, it came back on for a little bit just before they called the hearing for today and went home.
 
  • #656
Think some maybe even all streams died just at the last part of today, it came back on for a little bit just before they called the hearing for today and went home.
Thanks, after the completed video posted I was able to catch the very end and see that brennan actually lied about Yanetti's statement he claimed was made on court tv. Imagine that.
 
  • #657
  • #658
So Brennan insinuated that Karen’s attorney said something on “CourtTV” and only when later pressed on it we find out the quote was actually from a ZOOM HEARING FOR COURT?!

That is quite the difference especially since he was arguing about the defense spuriously putting outlandish things into the “public sphere”. At the end of today he said it wasn’t his “intent” to misrepresent it that way.
 
  • #659
Thanks, after the completed video posted I was able to catch the very end and see that brennan actually lied about Yanetti's statement he claimed was made on court tv. Imagine that.
judge cannone wouldn't care less. breenan is free to say or do as he wants in her court without interruptions or reprimanding it seems. Don't know what judge cannone thinks she's, doing? Down the track at appeal, if it comes to that, the proverbial *** is going to hit the fan, but not before several more years of KR enduring the persecution enacted by her court. Jmo
 
  • #660
Thanks, after the completed video posted I was able to catch the very end and see that brennan actually lied about Yanetti's statement he claimed was made on court tv. Imagine that.
ty, I will need to go back and find that last part I missed because it cut out. I knew It probably was something important or worth seeing because it was buidling and building up to stuff before it cut out.
 
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