Arraignment
Timestamp 17:17
DY: Ive read the affidavit.
Manslaughter is a tremendous reach in this case I dont see any criminal intent that would justify manslaughter in that affidavit - there is a reason for that - because there was no criminal intent.
She did it but not intentionally
In other words manslaughter is a reach… there was no criminal intent on the part of client.
Yes, she hit him... But, there was no criminal intent at that time...
Posted two years ago
and...
He cited media interviews and a five-part docuseries called “A body in the Snow: The Trial of Karen Read" in which Read says, “And then when I hired David Yannetti, I asked him those questions the night of Jan, 29th. ‘Like David what if, I don't know, what if I ran his foot over, or, or, what if I clipped him in the knee and he passed out and or went to care for himself and he threw up or passed out and David said, ‘Yeah then you have some element of culpability.’ So that's how I thought about things for about three days.”
Prosecutors hope to use Turtleboy's phones to show Karen Read's 'consciousness of guilt'
and...
https://www.youtube.com/shorts/Nvw-E3_iSZc
I don't know if you put the wrong youtube link or not, but Yanetti doesn't say anything close to what you are saying in your post. I suspect he said it at the first arraignment?
BUT.. I did listen to this hearing.. it was interesting! I do think that Yanetti believed it was an accident, it was a tragedy, in his own words, at her first arraignment. I will have to see if I can find the Affidavit that was filed, but it probably was not unreasonable to him as a lawyer to think on the surface, it does "look" like she hit him. It's after you scratch at the surface that it doesn't make sense to most... So yep, I can see Yanettie saying and thinking it was not intentional, it was an accident, whatever he said... but in the hearing you posted, he says... that soon changed.
The pretrial hearing was from Sept 15, 2023. I had to go find a better quality link though.
I don't even know what the outcome of this was lol but once I started listening.. I was intrigued.
1:21:10
Yanetti in his argument to the Judge to reduce her bail ...
.... this court the Commonwealth has consistently maintained that their only justifications for requesting bail are number one, the potential penalty my client faces and number two, the nature and circumstances of the case. With regard to the, with actually with regard to both, uh I'm concentrating my argument on changed circumstances with regard to the potential penalty in light of the change circumstances that have and will be discussed during this argument.
In light of what we've learned since the last time bail was modified we believe, and my client well knows the potential penalty she faces is nothing, it will be no penalty here because there will be no conviction, there will be no conviction because the evidence establishes her innocence. There's no jury anywhere who will ever vote to convict her for a crime she did not commit. And that leaves us, your honor, with a bail argument that relies really exclusively on the nature and circumstances of the case and the nature and circumstances of the case, as represented by the Commonwealth during its numerous bail arguments regarding this matter have been shown to be false. It is a fact that the nature and circumstances of this case have completely changed, even since the last time this court modified her bail.
The nature and circumstances of this case, in fact, are night and day from what was presented to Judge O'Malley in Stoughton district court at my client's arraignment there
over 19 months ago. At that arraignment, your honor, having read only the scant information that the Commonwealth made available to me, it was still immediately clear to me that this case was a tragedy, but not a crime. From the very start, with most of the evidence hidden from the defense, the Commonwealth's case against Karen Read was extremely thin and from the start she had no reason to flee because
even without the results of our investigation, her defense was strong and it was strong because it was based on innocence. By the time I got back to my office that afternoon I had already begun to learn that this wasn't just a tragedy, and it wasn't just that my client had committed no crime but shockingly, at the time, learned from somebody else that, I learned that somebody else did in fact commit a very heinous crime. A friend and colleague of Brian Alberts called me on February 2nd 2022 only hours after my client was arraigned and named Brian Albert and his nephew Colin Albert as a potential suspects. That tip, on day one of this case led us to do the investigation the Commonwealth did not do. The investigation they refused to do and as my co-consul has argued today that investigation revealed that the Commonwealth's investigation was based on one lie after another and the exposure of those lies is a major change circumstance which justifies lowering my clients bail to personal recognizance.
He goes on to state some of the evidence we already know.. the snow plow driver.. the Ford Edge parked outside at 2:30am... and a ton of info about Proctor and what he calls not only a conflict of interest, but corruption.