Karen Read's legal team has strong grounds to pursue a petition for a writ of certiorari. These claims raise serious constitutional and procedural issues that warrant immediate appellate review, particularly since Auntie Bev denied the motion to dismiss without holding an evidentiary hearing and relied on unsworn statements by the Hank Brennan.
#WritOfCertiorari #Appeal #KarenReadTrial
If I were a lawyer, this is what my appeal would look like.
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IN THE COURT OF APPEALS OF THE COMMONWEALTH OF MASSACHUSETTS
Karen Read, Appellant,
v.
Commonwealth of Massachusetts, Appellee.
PETITION FOR A WRIT OF CERTIORARI
DATE: March 26, 2025
I. INTRODUCTION
Karen Read respectfully petitions this Court for a writ of certiorari to review the state district court’s denial of her motion to dismiss based on allegations of extraordinary government misconduct. The trial court’s decision was made without an evidentiary hearing and was predicated solely on unsworn in-court statements provided by the prosecutor. Moreover, recent pre-trial rulings by the court have deviated sharply from its prior decisions on the same issues, calling into question the fairness and impartiality of these proceedings.
II. STATEMENT OF THE CASE
Appellant, Karen Read, faces retrial set for April 1, 2025, on charges that have been compounded by serious allegations of governmental misconduct. Specifically, the defense alleges that the government engaged in:
- Withholding Exculpatory Video Evidence: Evidence favorable to the defense was not disclosed in compliance with the requirements established under Brady v. Maryland.
- Jury Tampering: There is a credible allegation of jury tampering by the supervisor of the lead detective— who was recently terminated for procedural violations.
- Other Prosecutorial Misconduct: Additional misconduct consistent with the above undermines the integrity of the judicial process.
The trial court’s denial of the motion to dismiss, issued without holding an evidentiary hearing despite these serious factual disputes, has materially prejudiced the appellant’s right to a fair trial.
III. ARGUMENT
A. Extraordinary Government Misconduct Violates Constitutional Rights
1. Withholding Exculpatory Evidence:
The deliberate failure to disclose exculpatory video evidence is a flagrant violation of the appellant’s rights as established in *Brady v. Maryland*, and it compromises the fairness of the trial.
2. Alleged Jury Tampering:
The purported jury tampering by the supervisor of the lead detective further erodes the integrity of the judicial process and violates due process protections. The termination of the supervisor for failing to follow procedure corroborates the severity and validity of these allegations.
B. Failure to Hold an Evidentiary Hearing
The trial court’s decision to deny the motion to dismiss without an evidentiary hearing is problematic because:
- It deprived Karen Read of the opportunity to present critical evidence supporting her claims of misconduct.
- Without an evidentiary hearing, the court was unable to resolve serious factual disputes, thereby infringing on the fundamental right to due process.
C. Reliance on Unsworn In-Court Statements
The trial court improperly based its ruling on unsworn statements from the prosecutor rather than on admissible, corroborated evidence:
- This reliance on unsworn assertions denies the appellant the protections of the adversarial process and undermines the court’s fact-finding responsibilities.
- Judicial decisions must pivot on verified evidence, not on unverified in-court comments, ensuring adherence to procedural fairness.
D. Prejudice to the Defendant
The cumulative effect of the alleged governmental misconduct, compounded by the procedural irregularities—specifically, the lack of an evidentiary hearing and the reliance on unsworn statements—has severely prejudiced Karen Read’s ability to receive a fair trial.
The denial of the motion to dismiss perpetuates this injustice by allowing the continuation of a trial that is fundamentally flawed.
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E. Inconsistent Pre-Trial Rulings
The recent pre-trial rulings issued by the trial court, which have actively worked against the defense, are inconsistent with its previous determinations on the same issues. These fluctuations not only undermine confidence in the impartiality of the court but also highlight the extraordinary nature of the case, justifying appellate inspection and intervention.
F. Extraordinary Nature of the Case
The combination of:
- Extraordinary allegations of governmental misconduct,
- The consequential denial of an evidentiary hearing,
- The improper reliance on unsworn statements, and
- The inconsistency in pre-trial rulings,
renders this case extraordinary and in urgent need of appellate review. Only by granting a writ of certiorari can the fairness of the judicial process be assured.
IV. CONCLUSION & REQUEST FOR RELIEF
For the foregoing reasons, Karen Read respectfully requests that this Court:
1. Grant this petition for a writ of certiorari.
2. Reverse the trial court’s denial of the motion to dismiss.
3. Remand the case for a full evidentiary hearing, during which the substantial allegations of government misconduct—including the withholding of exculpatory evidence and jury tampering—can be properly tested and adjudicated in a fair and just manner.
After reading the NYT piece about POTUS & FLOTUS testing positive for Covid, reading comments on social media, and watching msm news reports; one thought keeps jumping off the page/screen...
The Dems are using the news to cancel all in person events, I.e - rallies.
More...
The Dems & pundits are using the news to call for the 2 remaining debates to be cancelled.
The left is wishing for a fatal outcome in between lecturing the country about wearing masks and exploiting the death toll.
More...
This seemingly benefits the Biden camp tremendously.
I’m wondering if @realDonaldTrump was intentionally exposed, or if the test results were tampered with.
The Dems & media allies are using this to attack him, keep C-19 in the spotlight, & fear monger.
This is Trump’s America and he is reponsible for all the violence in democrat controlled cities because he is encouraging it.
The media will gaslight this point for the next week at minimum.
Never Trumpers will share memes echoing same.
Conservatives will attempt to explain that unless requested, he. Ant send in the National guard, therefore, it is 100% on the mayors and governors. The left will call them sheep, and accuse them of making excuses for their cult leader.
The left will suggest you do the following; turn off Fox News (get better sources), stop “drinking the kool-aid”, and offer their sympathy for the gaslighting Trump and his GOP cronies have fed you.
Every attempt at reason is always met with the same responses.
A vote for #JoeBlow2020 is endorsing outright lies. Do you realize they lie to you about everything because they think you are too stupid to know the truth.
Comparing a novel respiratory virus to Ebola is not even a similar comparison.
Blaming @realDonaldTrump for lockdowns imposed by state governors (as required by Constitution) is another lie.
Claiming kids can’t go to school is Trumps fault, another lie. He has been advocating to open schools despite Dems fear mongering.
The Dems think you are stupid. Your support and silence proves they are right.
Every word is a lie. Naming #HeelsUpHarris just awakened the country. We will not allow these lies to continue, and do everything we can to ensure Trump’s re-election.