MISTRIAL MA - Professor Karen Read, 43, charged with murdering police officer boyfriend John O'Keefe by hitting him with car, Canton, 14 Apr 2023 #19

[Linda7NJ]

Such communications included witness information, home addresses, grand jury minutes, autopsy photographs,” the prosecution stated in the filing. “An inference can be made that the parties encouraged Mr. Kearney to personally attack witnesses and their family members with a sole purpose to embarrass, intimidate, harass, and deter these individuals from testifying.”

Prosecutors say data from Turtleboy’s phones will show Karen Read’s ‘consciousness of guilt’

A Norfolk Superior Court justice ruled that data on the blogger's phones could be introduced into the evidence in the murder case.

www.boston25news.com

 

[Seattle1]

Such communications included witness information, home addresses, grand jury minutes, autopsy photographs,” the prosecution stated in the filing. “An inference can be made that the parties encouraged Mr. Kearney to personally attack witnesses and their family members with a sole purpose to embarrass, intimidate, harass, and deter these individuals from testifying.”

Prosecutors say data from Turtleboy’s phones will show Karen Read’s ‘consciousness of guilt’

A Norfolk Superior Court justice ruled that data on the blogger's phones could be introduced into the evidence in the murder case.

www.boston25news.com

Suggest OP read the actual Order as the Court slapped down Hank's outrageous, phishing request significantly:

The Commonwealth’s requests as presented would scoop up an entire universe
of Mr. Kearney's own messages, photos, videos and communications with others — with
no regard for, or limitation based on whether the Defendant knew, or was involved in
such communications. As to that type of data, the Court finds the Commonwealth has
not met its burden as to showing either relevance or evidentiary value in the current
case under Lampron.

 

[Forest_Wood]

The suspension you referenced was from July 2024 as was the article.

Stay tuned because these convicted cases he previously investigated ain't going away and I doubt media updates on the cases aren't going away either.
IIRC:
Since he's not been criminally convicted of anything he still gets his pension.

He will always be thought of as juvenile and unprofessional from here on. He threw away so much just to be validated by his friends and family. MOO

 

[angkg]

I listened to the new interview on YouTube and I found the argument made very important. He said the judge has made a court date of April 1 and she acts like that date is more important than anything else. She has bypassed several things that would be considered 100% necessary to other judges prior to trial just to make that trial date stick. She has so much bias; but I also see someone that wants everyone in the world to know she is in charge and she makes the rules.

 

[jepop]

The backdoor phishing by Hank for alleged consciousness of guilt communication by KR with AK (TB) was so disgraceful -- starting with the late night, Motions hearing request (under KR case number) to Hank misrepresenting to the Court that he previously stated witness intimidation allegations would not be part of the CW's case in chief! Nonetheless, appears the subject Motion was Hank's brain-child resulting from episode one of the ID channel documentary.

MSM headlines can be misleading -- COG phone evidence will be limited to TB's identified criminal charges and/or phone data evidence (ALLOWED IN PART) from the period April 2023 to October 2023:

View attachment 572835
View attachment 572836

Prosecutors say data from Turtleboy’s phones will show Karen Read’s ‘consciousness of guilt’

A Norfolk Superior Court justice ruled that data on the blogger's phones could be introduced into the evidence in the murder case.

www.boston25news.com

Imo disgraceful behaviour; desperate, underhand, unethical tactics. But he's a mob lawyer, so I guess not surprising. And the CW hired him, this 'special prosecutor' lol, with offerings of a boatload of $, just because of his renowned snakey talents. He's the right man for the job the CW desperately want done; the conviction of a woman who in any other court would have had her case dismissed by now. All IMO.

Imo the CW's substantive case is going to be weak, as with trial no. 1. What does Brennan have left but to work with the sympathetic judge to hamstring a legitimate defense? Voir dire again for ARCA. Unbelievable. Brennan milking judge cannone's misrepresentation of "repeated" and "continuous" misdeeds by the defense for all its worth. Bias much? The witch hunt continues. Jmo.

 

[mrjitty]

Suggest OP read the actual Order as the Court slapped down Hank's outrageous, phishing request significantly:

The Commonwealth’s requests as presented would scoop up an entire universe
of Mr. Kearney's own messages, photos, videos and communications with others — with
no regard for, or limitation based on whether the Defendant knew, or was involved in
such communications. As to that type of data, the Court finds the Commonwealth has
not met its burden as to showing either relevance or evidentiary value in the current
case under Lampron.

what did you make of LYKs commentary on potentially removing Jackson? Having followed the Delphi removal and reinstatement I felt he was wrong about it. No way did the Judge have grounds to remove privately hired counsel IMO. She was correct to offer Read the ‘opportunity’.

i have more sympathy for his argument it was immaterial.

MOO

 

[Forest_Wood]

IIRC;
12 years when he testified.


After Proctor was fired Wednesday, his attorney Daniel J. Moynihan said they would be appealing the decision and that Proctor had never been disciplined before this incident during his 12 years of service.2 days ago

State trooper Michael Proctor fired, under scrutiny in Karen ...​

WGBH
https://www.wgbh.org › ... › NEWS > Local News

Their appeal in his firing will be pointless. Not only did he speak inappropriately about Karen Read, but he considered her guilty within hours of arriving on scene to investigate.
He was investigator, judge and jury. No impartiality whatsoever.

He may never have been professionally disciplined before this, but I'm certain this is not the first time he conducted himself so shamefully. It's the first time he got caught! Thanks to Karen Read and her dedicated lawyers, who would have known about Proctor and the rest of them otherwise! A bunch of drunken cops ruling the state where the laws don't apply to them.

MOO

“Speaking that way about the very person he’s charged with — responsible for investigating — in a situation ... an exceptional level of discretion would be expected,” she said. “And instead we get, you know quite the opposite. We get this kind of barroom talk that’s so inappropriate in every way.”

The state’s Peace Officer Standards and Training Commission, or POST Commission, has the power to “decertify” police officers and strip them of their ability to work in law enforcement in Massachusetts. It declined to confirm or deny the existence of an investigation into Proctor, but a spokesperson said that Proctor’s current three-year certification expires in July 2026.

State trooper Michael Proctor fired, under scrutiny in Karen Read case

The state police officer testified during Read’s trial that he sent profane texts insulting her, but insisted they didn’t impact the integrity of the investigation.

www.wgbh.org

 

[Forest_Wood]

I listened to the new interview on YouTube and I found the argument made very important. He said the judge has made a court date of April 1 and she acts like that date is more important than anything else. She has bypassed several things that would be considered 100% necessary to other judges prior to trial just to make that trial date stick. She has so much bias; but I also see someone that wants everyone in the world to know she is in charge and she makes the rules.

It seems the challenge with the court date is about subpoenas having already went out months ago to have prospective jurors rearrange their lives to show up, along with court scheduling, and so on. I can see her wanting to stay on schedule because court time is organized well in advance and hard to coordinate, especially coordinating 100s of people for jury selection. Why does the defense want to delay it now? The defense should be allowed time to prepare if this judge keeps adding on new elements to the case IMO. But how to deal with the jury selection who have been planning their own schedules for months around that date ...
MOO

 

[mrjitty]

So here is how I am thinking about the upcoming trail. Rider: I only watched parts of trial 1 and am not going to catch it up. I am just going to watch trial 2.

For me, if the tail light pieces were found as alleged on the lawn, the defendant must be guilty of some kind of homicide, subject to what level of intention the jury might find.

So the case, boils down to the defence requiring a criminal conspiracy by LE to frame the defendant, by the investigators. The conspiracy is principally by Proctor, but i guess must include others. I think the simple version of the conspiracy is because he believed the defendant murdered a cop. The more extensive conspiracies I am not bothering with at this stage as i believe them to be speculative and the defence need not prove them.

Regards burden of proof, the defence need not prove Proctor did this IMO, but they must at least raise a reasonable possibility that he did.

So the case boils down to what evidential foundation is there for the idea this fabrication might have happened?

My guess is the dynamic in trial 2 will be quite different, because presumably the CW will come better prepared to show the collision must have happened, and not rely so heavily on the tail light + magical thinking from an alarmingly bad accident reconstruction witness.

On the other hand, i am not sure how the CW ever gets past the ARCA witnesses. And especially not if the jury ever learns they worked for the Feds.

And then of course the firing of Proctor is a boon for the defence. Can this witness ultimately be believed about what he recovered from the crime scene?

Where I stand today is I think there is a good chance the defendant is guilty of at least something but not beyond doubt. And i think there is a structural issue to that - IMO as a policy question the state should not be able to succeed where there is this level of misconduct.

On the other side, and full disclosure, I am strongly opposed to the "Read strategy" of using social media to mobilise fans to attempt to influence the trial. I hope there are consequences for that at the end of the day. If we are going to have this kind of thing, we might as well just allow Read and Yanetti to post and podcast around the trial instead of pretending TB is some kind of media. I'd like to see law reform on this point.

IMO

 

[mrjitty]

Suggest OP read the actual Order as the Court slapped down Hank's outrageous, phishing request significantly:

The Commonwealth’s requests as presented would scoop up an entire universe
of Mr. Kearney's own messages, photos, videos and communications with others — with
no regard for, or limitation based on whether the Defendant knew, or was involved in
such communications. As to that type of data, the Court finds the Commonwealth has
not met its burden as to showing either relevance or evidentiary value in the current
case under Lampron.

I do hope the ongoing TB fiasco serves as a warning to other defence teams about the risks of having potentially damaging communications with social media operatives they pretend are not part of the defence team.

 

[mrjitty]

According to Burkhart the defendant may have waived privilege on the disclosed conversations

https://twitter.com/x/status/1903105036911292417

 

[Seattle1]

I do hope the ongoing TB fiasco serves as a warning to other defence teams about the risks of having potentially damaging communications with social media operatives they pretend are not part of the defence team.

True. Although I don't think TB was anybody's first choice but seems he became a local, default willing to get the story out on his platform when MSM showed no interest in the defendant's side after somebody told them (WCVB/5) very early that there was ring video of KR hitting JOK with her vehicle. We learned at trial that from the entire neighborhood of mostly LE residents, there was NO RING VIDEO available! Or maybe it was never investigated/ requested by team Proctor... JMO

 

[Wishbone]

So here is how I am thinking about the upcoming trail. Rider: I only watched parts of trial 1 and am not going to catch it up. I am just going to watch trial 2.

For me, if the tail light pieces were found as alleged on the lawn, the defendant must be guilty of some kind of homicide, subject to what level of intention the jury might find.

So the case, boils down to the defence requiring a criminal conspiracy by LE to frame the defendant, by the investigators. The conspiracy is principally by Proctor, but i guess must include others. I think the simple version of the conspiracy is because he believed the defendant murdered a cop. The more extensive conspiracies I am not bothering with at this stage as i believe them to be speculative and the defence need not prove them.

Regards burden of proof, the defence need not prove Proctor did this IMO, but they must at least raise a reasonable possibility that he did.

So the case boils down to what evidential foundation is there for the idea this fabrication might have happened?

My guess is the dynamic in trial 2 will be quite different, because presumably the CW will come better prepared to show the collision must have happened, and not rely so heavily on the tail light + magical thinking from an alarmingly bad accident reconstruction witness.

On the other hand, i am not sure how the CW ever gets past the ARCA witnesses. And especially not if the jury ever learns they worked for the Feds.

And then of course the firing of Proctor is a boon for the defence. Can this witness ultimately be believed about what he recovered from the crime scene?

Where I stand today is I think there is a good chance the defendant is guilty of at least something but not beyond doubt. And i think there is a structural issue to that - IMO as a policy question the state should not be able to succeed where there is this level of misconduct.

On the other side, and full disclosure, I am strongly opposed to the "Read strategy" of using social media to mobilise fans to attempt to influence the trial. I hope there are consequences for that at the end of the day. If we are going to have this kind of thing, we might as well just allow Read and Yanetti to post and podcast around the trial instead of pretending TB is some kind of media. I'd like to see law reform on this point.

IMO

About those taillight pieces.....


Ashley Vallier, a forensic scientist with the Massachusetts State Police Crime Lab pieced the taillight back together and in her testimony stated there were extra pieces that did not fit anywhere in the taillight. The chain of custody can be pieced together as to when various pieces were sent to the lab when hearing various other testimony and viewing the exhibits as they are viewed throughout the trial.
The pieces from Jan 29 weren't from KR's car but I didn't know that they actually sent them to the lab and they were never included in the completed taillight puzzle she put together. I missed that nervous lab tech talking about pieces that didn't fit anywhere. If I had heard that then I would have known way back then what really went on. They sent the real pieces later with no way to really know when. It's bothered me for weeks and it is almost impossible to explain the whole thing to anyone. But I just couldn't let go of it. Well there it is, and I don't blame the defense for trying to say Proctor had time to plant the real pieces because that is easier for people to follow then this convoluted scheme.

 

[Derph]

About those taillight pieces.....


Ashley Vallier, a forensic scientist with the Massachusetts State Police Crime Lab pieced the taillight back together and in her testimony stated there were extra pieces that did not fit anywhere in the taillight. The chain of custody can be pieced together as to when various pieces were sent to the lab when hearing various other testimony and viewing the exhibits as they are viewed throughout the trial.
The pieces from Jan 29 weren't from KR's car but I didn't know that they actually sent them to the lab and they were never included in the completed taillight puzzle she put together. I missed that nervous lab tech talking about pieces that didn't fit anywhere. If I had heard that then I would have known way back then what really went on. They sent the real pieces later with no way to really know when. It's bothered me for weeks and it is almost impossible to explain the whole thing to anyone. But I just couldn't let go of it. Well there it is, and I don't blame the defense for trying to say Proctor had time to plant the real pieces because that is easier for people to follow then this convoluted scheme.

That right there should have been the end of it. The CW was so sloppy in their investigation that they presented and entered into evidence proof that they tampered with said evidence! How do you account for what basically amounts to extra evidence that doesn't belong to any aspect of the case? They couldn't even get that right and that was their main proof of the murder!!!!!!! The tail light is crucial to the case but they were so over zealous to frame KR, they went ahead and added more pieces of tail light to their evidence bag. But as so many other times in this case a miracle happened. The extra tail light pieces just miracled themselves into a sealed evidence bag!

It amazes me that the people who think she is guilty are perfectly fine with this. That right there would have caused a mistrial in 99.99% of cases in an honest court. Someone tampered with sealed evidence. And that is just one thing the CW tampered with. There is still the altered Sally-Port video that they manipulated. I mean are you kidding me with this trial??? These are just 2 MAJOR RED FLAGS!! There are the changing stories, the perjury, the butt dials, the blatant lies by some of the witnesses, the missing video footage, the bruised knuckles,.....It goes on and on and on and on. How many excuses do we have to see until it becomes obvious that this trial is a complete farce?

 

[HarmonyE.]

That right there should have been the end of it. The CW was so sloppy in their investigation that they presented and entered into evidence proof that they tampered with said evidence! How do you account for what basically amounts to extra evidence that doesn't belong to any aspect of the case? They couldn't even get that right and that was their main proof of the murder!!!!!!! The tail light is crucial to the case but they were so over zealous to frame KR, they went ahead and added more pieces of tail light to their evidence bag. But as so many other times in this case a miracle happened. The extra tail light pieces just miracled themselves into a sealed evidence bag!

There is also no way the Canton police would have missed all 47 pieces of bright red taillight in a few inches of blowing snow early that morning while using a leaf blower to move the snow around. They found a piece of clear glass, but not a single shard of bright polycarbonate? Not possible.

 

[cocomod]

I think the defense needs to just focus on the COC, the "extra" evidence, the lack of evidence, the lack of investigation, the abundance of butt dials, the missing evidence, the ARCCA reconstruction, the scratches on his arm with only holes in his sleeve; and hammer the CW with all of this without entering in any alternate person or persons of interest. This case is won based on lack of evidence.

 

[HarmonyE.]

I think the defense needs to just focus on the COC, the "extra" evidence, the lack of evidence, the lack of investigation, the abundance of butt dials, the missing evidence, the ARCCA reconstruction, the scratches on his arm with only holes in his sleeve; and hammer the CW with all of this without entering in any alternate person or persons of interest. This case is won based on lack of evidence.

Ryan Nagel's testimony. He and his sister (who was in the house and came out from the side door to tell him to leave, although she'd just called him to pick her up) are friendly with the younger Alberts, so there is every reason to take his testimony at face value. He testified he saw Karen in her car ahead of the car he was in, as he sat in the front passenger side. She's alone. No John walking around or on the ground. And he clearly was in a position to see. As the car he's sitting in moves forward to leave the area, he looks over into her car and sees her alone, dome light on, hands at 10 and 2 on the steering wheel.

John was neither in Read's vehicle nor on the ground at the time. The only logical conclusion is that he'd already walked into the front door of the Albert home.

 

[cocomod]

Ryan Nagel's testimony. He and his sister (who was in the house and came out from the side door to tell him to leave, although she'd just called him to pick her up) are friendly with the younger Alberts, so there is every reason to take his testimony at face value. He testified he saw Karen in her car ahead of the car he was in, as he sat in the front passenger side. She's alone. No John walking around or on the ground. And he clearly was in a position to see. As the car he's sitting in moves forward to leave the area, he looks over into her car and sees her alone, dome light on, hands at 10 and 2 on the steering wheel.

John was neither in Read's vehicle nor on the ground at the time. The only logical conclusion is that he'd already walked into the front door of the Albert home.

Yes, this testimony is critical!

 

[Forest_Wood]

Ryan Nagel's testimony. He and his sister (who was in the house and came out from the side door to tell him to leave, although she'd just called him to pick her up) are friendly with the younger Alberts, so there is every reason to take his testimony at face value. He testified he saw Karen in her car ahead of the car he was in, as he sat in the front passenger side. She's alone. No John walking around or on the ground. And he clearly was in a position to see. As the car he's sitting in moves forward to leave the area, he looks over into her car and sees her alone, dome light on, hands at 10 and 2 on the steering wheel.

John was neither in Read's vehicle nor on the ground at the time. The only logical conclusion is that he'd already walked into the front door of the Albert home.

Yes! And since they followed her vehicle after giving her the right of way to turn onto that road, there was literally no time for her to reverse into JOK. He must have hopped out when she stopped at the driveway, then she moved up to wait for him. Nagel saw only her in that SUV.

 

[mrjitty]

I think the defense needs to just focus on the COC, the "extra" evidence, the lack of evidence, the lack of investigation, the abundance of butt dials, the missing evidence, the ARCCA reconstruction, the scratches on his arm with only holes in his sleeve; and hammer the CW with all of this without entering in any alternate person or persons of interest. This case is won based on lack of evidence.

I agree at this point, though I am not a trial lawyer or jury expert!