Good morning from Norfolk Superior Court in Dedham.
Opening arguments in the trial of accused murderer #KarenRead begin on Monday, and today we are in court for a motions hearing.
I am only here for a bit, seeking answers as to if SJC 1; 19 accredited press can ask Read for comment in the buffer zone.
Then, towel must attend to helping a friend with a personal matter, write another final, and prepare for a written final.
(On a personal note; thank you, so kindly, to everyone who sent donations yesterday. I was able to put 40 dollars of gas in my car for the first time in years. I am so grateful to every single one of you, whatever side you may be on.)
Yesterday, I was accosted by a @MassStatePolice Trooper for asking Karen a single question, simply seeking comment on the day's happenings, after court.
Read stands accused of the second-degree malice murder of @BostonPolice Officer #JohnOKeefe.
#JusticeForJohnOKeefe #JusticeForJJ
Opening arguments in the trial of accused murderer #KarenRead begin on Monday, and today we are in court for a motions hearing.
I am only here for a bit, seeking answers as to if SJC 1; 19 accredited press can ask Read for comment in the buffer zone.
Then, towel must attend to helping a friend with a personal matter, write another final, and prepare for a written final.
(On a personal note; thank you, so kindly, to everyone who sent donations yesterday. I was able to put 40 dollars of gas in my car for the first time in years. I am so grateful to every single one of you, whatever side you may be on.)
Yesterday, I was accosted by a @MassStatePolice Trooper for asking Karen a single question, simply seeking comment on the day's happenings, after court.
Read stands accused of the second-degree malice murder of @BostonPolice Officer #JohnOKeefe.
#JusticeForJohnOKeefe #JusticeForJJ
Update;
Towel is still the only person here, other than one or two #KarenRead supporters.
I said hello, we shook hands, and everyone agreed press need to be able to ask Karen for comment before and after hearings.
I rotated mostly black into my wardrobe for spring.
Towel is still the only person here, other than one or two #KarenRead supporters.
I said hello, we shook hands, and everyone agreed press need to be able to ask Karen for comment before and after hearings.
I rotated mostly black into my wardrobe for spring.
Update;
Today's hearing starts at 10am.
I'm off to see about a girl. Sorry, friends.
I'll be back this afternoon to get some answers as to next Monday and asking Karen for comment in the buffer zone.
Follow @GretchenVoss64 and @SueNBCBoston for more on this case!
Today's hearing starts at 10am.
I'm off to see about a girl. Sorry, friends.
I'll be back this afternoon to get some answers as to next Monday and asking Karen for comment in the buffer zone.
Follow @GretchenVoss64 and @SueNBCBoston for more on this case!
@GretchenVoss64 @SueNBCBoston BREAKING NEWS;
@GretchenVoss64, a reporter for @BostonMagazine, will be allowed to attend every part of trial for accused murderer #KarenRead, as to the lonesome death of #JohnOKeefe.
Voss is not a witness in the case, I can confirm.
@GretchenVoss64, a reporter for @BostonMagazine, will be allowed to attend every part of trial for accused murderer #KarenRead, as to the lonesome death of #JohnOKeefe.
Voss is not a witness in the case, I can confirm.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Update;
I am now back in the courtroom for the #KarenRead hearing.
We have not yet began, but I have my official media lanyard.
Read, her defense team and the state are here.
As are Read's family and the family of #JohnOKeefe.
We await the judge.
I am now back in the courtroom for the #KarenRead hearing.
We have not yet began, but I have my official media lanyard.
Read, her defense team and the state are here.
As are Read's family and the family of #JohnOKeefe.
We await the judge.
Okay, members of the public start to file in.
Karen Read has some supporters here today. More so than during jury selection.
We talked outside, as a group, about how they didn't like how I was treated yesterday by the MSP for trying to ask Karen if she had any comment on the case.
Karen Read has some supporters here today. More so than during jury selection.
We talked outside, as a group, about how they didn't like how I was treated yesterday by the MSP for trying to ask Karen if she had any comment on the case.
@GretchenVoss64 @SueNBCBoston @BostonMagazine I'm still not sure if media can ask Karen if she has comment before and after court.
I will do what I can to get an answer from court staff as the hearing concludes today.
I will do what I can to get an answer from court staff as the hearing concludes today.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Zoom is starting up.
Judge should be here soon.
Only one half of the courtroom has Karen Read supporters. About 25 or so today.
No TurtleBoy, though, at least as of yet.
I would guess he doesn't want to take any risks before he tries to get his RO lifted tomorrow.
Judge should be here soon.
Only one half of the courtroom has Karen Read supporters. About 25 or so today.
No TurtleBoy, though, at least as of yet.
I would guess he doesn't want to take any risks before he tries to get his RO lifted tomorrow.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Judge is here.
Lawyers say their good mornings and we begin.
Lawyers say their good mornings and we begin.
@GretchenVoss64 @SueNBCBoston @BostonMagazine John O'Keefe's mother, Peggy, is here as is Paul O'Keefe, John's brother.
They look on intently.
They look on intently.
@GretchenVoss64 @SueNBCBoston @BostonMagazine We begin with motions allowed by agreement.
Judge says she'll be right back. Quick recess.
Judge says she'll be right back. Quick recess.
We're back.
Motions allowed by agreement, or previously allowed by the judge;
Motion to admit the 911 call. Paper now 298. No objection. Allowed by agreement.
Motion for the court reporter, paper no. 291, and the impoundment related to that, agreed.
State motion 292, regarding webinar, allowed without objection.
Motion 294, to allow in court identification, allowed.
Motion to admit the victim's photograph, allowed by agreement. Judge 1 photo says ADA Lally, which was given to the defense. That is number 295.
Commonwealth's motion to admit allow John's injuries from the autopsies to come in. 296 paper number.
Motions allowed by agreement, or previously allowed by the judge;
Motion to admit the 911 call. Paper now 298. No objection. Allowed by agreement.
Motion for the court reporter, paper no. 291, and the impoundment related to that, agreed.
State motion 292, regarding webinar, allowed without objection.
Motion 294, to allow in court identification, allowed.
Motion to admit the victim's photograph, allowed by agreement. Judge 1 photo says ADA Lally, which was given to the defense. That is number 295.
Commonwealth's motion to admit allow John's injuries from the autopsies to come in. 296 paper number.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Motion 307, state's motion to allow Read's statements to come in as to medical treatment on the morning of 1/29.
We'll deal with the BAC tests (that showed Read was drunk at the time she hit John O'Keefe), later today.
We'll deal with the BAC tests (that showed Read was drunk at the time she hit John O'Keefe), later today.
@GretchenVoss64 @SueNBCBoston @BostonMagazine As to leading questions to JO's minor niece and nephew, Judge says we'll take this up as needed and Judge will give leeway based on the manner of testimony provided by the children.
Defense motion 288, regarding any reference to Aidan Kearney AKA TurtleBoy, or his pending criminal charges for witness intimdation;
Both parties agree to not introduce this in their case in chief. If anyone opens the door, it's coming.
Judge says if witnesses testify to this naturally then it comes in and can be looked at further, just come to sidebar.
Both parties agree to not introduce this in their case in chief. If anyone opens the door, it's coming.
Judge says if witnesses testify to this naturally then it comes in and can be looked at further, just come to sidebar.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Motion 312, preventing any prior bad conduct evidence by the victim or witnesses from coming in, is allowed by agreement.
Wow!
Read won't be attacking the character of witnesses by reputation evidence.
Wow!
Read won't be attacking the character of witnesses by reputation evidence.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Motion from the defense as to not introducing any positive character evidence about Read is allowed.
No objection to State's motion to introduce registry of motor vehicle records.
No objection to State's motion to introduce registry of motor vehicle records.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Previously ruled on motion;
Paper number 297, to redact the manner of death, is denied as to cross examination of the medical expert, but that undetermined language will be redacted on the death certificate itself.
Paper number 297, to redact the manner of death, is denied as to cross examination of the medical expert, but that undetermined language will be redacted on the death certificate itself.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Motion number 317, prohibiting reference to any federal investigation, allowed after a hearing.
Wow!
Wow!
@GretchenVoss64 @SueNBCBoston @BostonMagazine Next motion on chalks (this is copies of evidence that witnesses can be marked up), we'll pick this up later.
Number 320, motion on third party culprit; ruling clear; no mention in opening for either side, further ruling later in the case.
Number 320, motion on third party culprit; ruling clear; no mention in opening for either side, further ruling later in the case.
@GretchenVoss64 @SueNBCBoston @BostonMagazine For today; paper 284, Defendant's motion for sanctions as to complying with the timeline of the discovery order.
That motion is withdrawn by Karen Read.
That motion is withdrawn by Karen Read.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Sorry, that was number 283.
@GretchenVoss64 @SueNBCBoston @BostonMagazine The next motion is for a jury view of 34 Fairview Road.
Whether Karen Read can be present at the view.
Based on concerns here, for security issues and districting the juror, Karen Read will not be coming along on the view during trial.
Whether Karen Read can be present at the view.
Based on concerns here, for security issues and districting the juror, Karen Read will not be coming along on the view during trial.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Commonwealth's motion to admit Read's out of court statements as statements by a party opponent; paper 318.
Also, paper 319, Read's statements made to ABC news, Boston Magazine, etc.
Previously, Read said she agrees these are all coming in.
Alan Jackson says that is true.
Also, paper 319, Read's statements made to ABC news, Boston Magazine, etc.
Previously, Read said she agrees these are all coming in.
Alan Jackson says that is true.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Judge wants to know how long the ABC news interview is;
ADA Lally wants to admit the entire interview but only play selected portions.
Judge says she listened to the 3 hours and 40 minutes of the @BostonMagazine audio of @GretchenVoss64's interview with Karen Read.
ADA Lally wants to admit the entire interview but only play selected portions.
Judge says she listened to the 3 hours and 40 minutes of the @BostonMagazine audio of @GretchenVoss64's interview with Karen Read.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Lally says he says no need to play the entire thing.
Judge says she was involved in a trial once where they watched an entire movie, so please give a heads up if any long clips need to be played.
Lally says, from the ABC interview, just a few minutes will be played.
Judge says she was involved in a trial once where they watched an entire movie, so please give a heads up if any long clips need to be played.
Lally says, from the ABC interview, just a few minutes will be played.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Judge wants to know how long the ABC video and audio is.
Neither lawyer knows the exact length of the ABC clip off hand.
Jackson and Lally take a moment to confer on the issue.
After discussion, Lally says one is about 10 minutes and the other is five minutes long.
Neither lawyer knows the exact length of the ABC clip off hand.
Jackson and Lally take a moment to confer on the issue.
After discussion, Lally says one is about 10 minutes and the other is five minutes long.
Jackson says, if there are portions that weren't played, what is the total length.
Judge says that's why she is asking, because the unaired notes from Voss's interview were 3 hours and 40 minutes.
Judge says this is just for scheduling and counsel will get the information to her.
Judge says that's why she is asking, because the unaired notes from Voss's interview were 3 hours and 40 minutes.
Judge says this is just for scheduling and counsel will get the information to her.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Papers 308 and 309 allowed by agreement.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Alright, and, it's sort of in the same vain, says the Judge;
The motion as to Read's statement at the Milton police barracks, which was post grand jury.
Judge has reviewed the video footage, in full, from Read's arrest.
There is agreement that the statement comes in.
The motion as to Read's statement at the Milton police barracks, which was post grand jury.
Judge has reviewed the video footage, in full, from Read's arrest.
There is agreement that the statement comes in.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Commonwealth wants to play the video, but judge says we don't need to play it. It's mostly just looking at a computer screen.
So, the video is out. The audio can come in. It needs context though, Judge says. This was clearly voluntary, clearly unsolicited.
So, the video is out. The audio can come in. It needs context though, Judge says. This was clearly voluntary, clearly unsolicited.
Judge wants to know, how do you want this explained?
The statement was made at the Milton police barracks.
David Yannetti says they agree, that's where the statements are made.
The defense wants to object to any evidence that she under arrest. Judge says she agrees we don't need that.
It will just be that the interview took place at the Milton police barracks on a particular date.
How is this coming in?
Through the Trooper to whom she made the statements, says Lally.
The statement was made at the Milton police barracks.
David Yannetti says they agree, that's where the statements are made.
The defense wants to object to any evidence that she under arrest. Judge says she agrees we don't need that.
It will just be that the interview took place at the Milton police barracks on a particular date.
How is this coming in?
Through the Trooper to whom she made the statements, says Lally.
@GretchenVoss64 @SueNBCBoston @BostonMagazine This will be described, Read's comments, as taking place on June 9th, 2022, at the Milton State Police Barracks.
Judge asks Lally for the date and he knows it right away.
Audio only, Commonwealth may elicit testimony about where and when it was made.
Judge asks Lally for the date and he knows it right away.
Audio only, Commonwealth may elicit testimony about where and when it was made.
Now, we will move to some of the more complex motions;
Judge says she has come concerns about discovery.
Judge says, when she was going through copies of what she had previously.
State filed on 3/21 a notice for reciprocal discovery and notice for experts.
Then, last week, the state filed a new motion for reciprocal discovery and voir dire of any defense experts. This was subject to an impoundment request.
So, where do we stand with discovery, says Judge;
With regards to this, says Lally, the state notes there are a number of witnesses on Read's witness list with no material provided as to who they are and what those people are going to testify about.
The issue with experts for the defense, says Lally, is that there are five experts;
One of them, Lally has all the information for.
Another expert, he needs some further information from the defense.
Another defense expert Chris Van Eye (sp?), and three experts related to crash reconstruction, says Lally, are not trained in accident reconstruction.
Lally says he had come across one of these experts before, and there is no report produced yet.
The other experts, says Lally, produced material in the context of the federal report, but the issue i te report is signed by all three of them, so Lally doesn't know who did what part of the work, who will testify to what part, and what each will be talking about in court.
Judge says she has come concerns about discovery.
Judge says, when she was going through copies of what she had previously.
State filed on 3/21 a notice for reciprocal discovery and notice for experts.
Then, last week, the state filed a new motion for reciprocal discovery and voir dire of any defense experts. This was subject to an impoundment request.
So, where do we stand with discovery, says Judge;
With regards to this, says Lally, the state notes there are a number of witnesses on Read's witness list with no material provided as to who they are and what those people are going to testify about.
The issue with experts for the defense, says Lally, is that there are five experts;
One of them, Lally has all the information for.
Another expert, he needs some further information from the defense.
Another defense expert Chris Van Eye (sp?), and three experts related to crash reconstruction, says Lally, are not trained in accident reconstruction.
Lally says he had come across one of these experts before, and there is no report produced yet.
The other experts, says Lally, produced material in the context of the federal report, but the issue i te report is signed by all three of them, so Lally doesn't know who did what part of the work, who will testify to what part, and what each will be talking about in court.
David Yannetti says he will begin with the civilian witness agreement.
DY says that he understands Rule 14 and will turn over all statements Read wants to address from those witnesses.
"Why haven't you done this yet?" says the Judge.
Judge says Read's team is to give addresses for each of their proposed witnesses to the state by the end of the day.
DY agrees.
DY says that he understands Rule 14 and will turn over all statements Read wants to address from those witnesses.
"Why haven't you done this yet?" says the Judge.
Judge says Read's team is to give addresses for each of their proposed witnesses to the state by the end of the day.
DY agrees.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Lally says the certificate of compliance was filed last Wednesday.
Judge says both sides knew it was last Wednesday and now Read's team hasn't even provided basic information about their proposed witnesses.
"That should have happened a week ago," says Judge.
Judge says both sides knew it was last Wednesday and now Read's team hasn't even provided basic information about their proposed witnesses.
"That should have happened a week ago," says Judge.
Little, another of Read's lawyers, says she did send some reciprocal discovery.
She doesn't know how many witnesses she has names and addresses for, but she did send some statements from witnesses.
Read's team says, if they haven't produced anything, it will get done today.
"Thank you," says the Judge.
She doesn't know how many witnesses she has names and addresses for, but she did send some statements from witnesses.
Read's team says, if they haven't produced anything, it will get done today.
"Thank you," says the Judge.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Lally says the defense has 77 witnesses, 35 of which are on the state's list.
Yet Lally only has information from the defense about four of them.
Jesus, Karen Read.
Yet Lally only has information from the defense about four of them.
Jesus, Karen Read.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Little says, for 12 of the witnesses, there are some details in the federal reports.
Judge says, even still, it's Read's obligation to provide them to Lally.
Little nods.
Judge says, even still, it's Read's obligation to provide them to Lally.
Little nods.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Jackson raises as to expert witnesses.
Trooper Paul and the defense witnesses will argue over the number of key cycles related to Karen's SUV going back to Fairview Road before going to Jen McCabe's house that night (after 5am).
Oh wow.
Trooper Paul and the defense witnesses will argue over the number of key cycles related to Karen's SUV going back to Fairview Road before going to Jen McCabe's house that night (after 5am).
Oh wow.
Judge says we don't want to bring experts early for voir dire, so please get more information to the state about this witness.
Judge says we will bring this witness out for voir dire if we need to.
Judge says if this is not resolved by Monday we will pick a date within the next week to do voir dire for expert witnesses.
"Let's try to work this all out first, though," says Judge.
"The Rules are very clear [that you should try to come to an agreement]."
Judge says we will bring this witness out for voir dire if we need to.
Judge says if this is not resolved by Monday we will pick a date within the next week to do voir dire for expert witnesses.
"Let's try to work this all out first, though," says Judge.
"The Rules are very clear [that you should try to come to an agreement]."
Lally says he wants to know who did what, what their opinions are, and what they are based on.
Jackson says Lally has the report.
"But does it say who does what?" asks the Judge.
"I read the federal report as well, and I couldn't tell who did what work [on this report]?" says Judge.
Jackson says he doesn't know all the details about who did what, but that he and Lally can probably come to an agreement about this.
Jackson says Lally has the report.
"But does it say who does what?" asks the Judge.
"I read the federal report as well, and I couldn't tell who did what work [on this report]?" says Judge.
Jackson says he doesn't know all the details about who did what, but that he and Lally can probably come to an agreement about this.
Judge asks if any of these experts have information related to accident reconstruction on their CV's?
Lally says yes, but it doesn't seem to be sufficient.
Judge says we may need voir dire on this before the evidence really gets started, but we may be able to wait until before the witness testifies.
Lally says yes, but it doesn't seem to be sufficient.
Judge says we may need voir dire on this before the evidence really gets started, but we may be able to wait until before the witness testifies.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Motion 314, as to Commonwealth's character evidence, allowed by agreement.
Motion 304; order regarding opening statements and order as to notice of visual aids during opening statements.
"I need to know what you want to put up during opening," says Judge.
Motion 304; order regarding opening statements and order as to notice of visual aids during opening statements.
"I need to know what you want to put up during opening," says Judge.
@GretchenVoss64 @SueNBCBoston @BostonMagazine DY will be doing Read's opening.
He will be displaying nothing during opening.
Each side gets 45 minutes for opening, which they agree to.
He will be displaying nothing during opening.
Each side gets 45 minutes for opening, which they agree to.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Nothing from the state, as to displays, during opening.
Judge asks if there will be a voir dire before any Bowden Testimony comes in.
DY says that he understands the ruling means he can't point to a specific third party during opening, but can make a vague argument about a non-named third party.
Judge says yes, but only if you have competent evidence.
The state can ask for a voir dire before Read can make a Bowden defense during their case in chief (on in rebuttal).
DY says that he understands the ruling means he can't point to a specific third party during opening, but can make a vague argument about a non-named third party.
Judge says yes, but only if you have competent evidence.
The state can ask for a voir dire before Read can make a Bowden defense during their case in chief (on in rebuttal).
@GretchenVoss64 @SueNBCBoston @BostonMagazine As to motion 304, state will object on a question by question basis.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Judge asks if any of their witnesses will be giving anecdotal experiences?
No, says Jackson.
What about scientific studies or learned treatises?
No, says Jackson.
No, says Jackson.
What about scientific studies or learned treatises?
No, says Jackson.
Now, we are getting into the more complex motion;
311. Motion to admit victim's out of court statements as to his state of mind (this has to do with John O'Keefe and Karen Read's relationship, and Read cheating on John).
John intended to end the relationship and John expressed, to Karen, that he was breaking up with her. Oh man.
No objection from the defense on the text messages.
311. Motion to admit victim's out of court statements as to his state of mind (this has to do with John O'Keefe and Karen Read's relationship, and Read cheating on John).
John intended to end the relationship and John expressed, to Karen, that he was breaking up with her. Oh man.
No objection from the defense on the text messages.
@GretchenVoss64 @SueNBCBoston @BostonMagazine No objection from Read's team as to the statements made by Karen and John, as to the degrading state of their relationship, in front of John's niece and nephew are also coming in.
Motion 311 is allowed. Wow. Devastating to Read's case. Just devastating.
Motion 311 is allowed. Wow. Devastating to Read's case. Just devastating.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Motion 310 up now (and a similar motion from the defense, 283);
This is the Aruba incident, in the weeks and days prior to John's death, and that Read admitted to numerous people that the last thing she remembers was getting into an argument with John that night.
This is the Aruba incident, in the weeks and days prior to John's death, and that Read admitted to numerous people that the last thing she remembers was getting into an argument with John that night.
Lally says he wants to have four witnesses, related to the Aruba incident, testify from different perspectives;
Two of them involve John hugging a family friend in the lobby and Karen screaming swear words at the woman.
Then, following the incident, there was 20 minutes of screaming between john and Karen after Karen acted that way in the lobby.
Two of them involve John hugging a family friend in the lobby and Karen screaming swear words at the woman.
Then, following the incident, there was 20 minutes of screaming between john and Karen after Karen acted that way in the lobby.
Judge asks if we need these four witnesses to all testify?
Lally says yes, because these witnesses will testify about the trip itself, and a dinner the night before that one of the witnesses had with John and Karen.
John told this witness that his relationship with Karen was breaking down.
Also, says Lally, there are some statements from Karen to witnesses at the Waterfall the night before about the state of Karen's relationship with John.
Lally says yes, because these witnesses will testify about the trip itself, and a dinner the night before that one of the witnesses had with John and Karen.
John told this witness that his relationship with Karen was breaking down.
Also, says Lally, there are some statements from Karen to witnesses at the Waterfall the night before about the state of Karen's relationship with John.
Lally says there are also texts from Read to Brian Higgins (the ATF agent that Read cheated on John with, just weeks before John's death), about the relationship between John and Karen ending.
Also, there are voicemails Karen left right after she is alleged to have hit John about how she hated John, Lally brings up (without getting into details), and that John was a pervert.
Read also said to other witnesses that she had been in a fight with John.
Also, there are voicemails Karen left right after she is alleged to have hit John about how she hated John, Lally brings up (without getting into details), and that John was a pervert.
Read also said to other witnesses that she had been in a fight with John.
@GretchenVoss64 @SueNBCBoston @BostonMagazine DY argues this for the defense;
DY says there are some different categories of information at play here;
Generally speaking, says DY, witnesses who would testify to John's state of mind will probably be coming in (Judge agrees). Judge rules those are coming in.
DY says there are some different categories of information at play here;
Generally speaking, says DY, witnesses who would testify to John's state of mind will probably be coming in (Judge agrees). Judge rules those are coming in.
DY says Read recognizes most of this will come in, they just want to reserve specific objections.
Okay, says Judge, that is well taken.
Just assenting to the motion doesn't remove the ability for the defense to object to specific questions.
Judge finds that the Aruba statement comes in.
Okay, says Judge, that is well taken.
Just assenting to the motion doesn't remove the ability for the defense to object to specific questions.
Judge finds that the Aruba statement comes in.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Judge will issue a 105 limiting instruction, as to the Aruba incident.
Judge says there has been a sufficient showing for John's statement of mind evidence to come, as to the animosity between Read and John.
It was close in time and related to the relationship, says Judge.
Judge says there has been a sufficient showing for John's statement of mind evidence to come, as to the animosity between Read and John.
It was close in time and related to the relationship, says Judge.
Judge says she is satisfied a limiting instruction will work here, insofar as the testimony will only be used for its intended purpose;
This goes to the nature of the relationship and the domestic violence line of cases.
Judge says a lot of this goes to John's state of mind, and there is a precedent for it coming in.
This goes to the nature of the relationship and the domestic violence line of cases.
Judge says a lot of this goes to John's state of mind, and there is a precedent for it coming in.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Defense motion 282 is denied.
Commonwealth's motion, 310, is allowed.
Commonwealth's motion, 310, is allowed.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Now, moving on to paper 306, state's motion to admit the Cellebrite demonstration from Ian Whiffen.
This has to do with confirming that Jen McCabe's google search took place at 6:23am and 6:24am.
Two other federal experts also confirmed the 6:23 and 6:24 timestamps.
This has to do with confirming that Jen McCabe's google search took place at 6:23am and 6:24am.
Two other federal experts also confirmed the 6:23 and 6:24 timestamps.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Jackson says he will not make any arguments beyond his moving paper.
He objects, but he stands on his papers.
Judge allowed the state's motion, but wants a copy of Ian Whiffen's presentation.
Motion 306 is allowed.
He objects, but he stands on his papers.
Judge allowed the state's motion, but wants a copy of Ian Whiffen's presentation.
Motion 306 is allowed.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Now, two motions to go;
Commonwealth's motion to prohibit reference to any internal affairs investigations or unfounded allegations against Trooper Michael Proctor.
Context;
Commonwealth's motion to prohibit reference to any internal affairs investigations or unfounded allegations against Trooper Michael Proctor.
Context;
https://twitter.com/GrantSmithEllis/status/1768064017052930325
Lally begins with a civil case against one of the Canton police officers from 20 years ago. There was no finding, there was no trial, and thus the conduct can't come in.
But, why can't it be used regarding just pure bias, asks Judge.
Lally says they can, but it's too attenuated here.
But, why can't it be used regarding just pure bias, asks Judge.
Lally says they can, but it's too attenuated here.
Lally says this civil case involving one of the Canton PD witnesses wasn't even involving other witnesses in the Read case. It was just one person, from one family.
So, 20 years ago, whether Sargent Lank knew one member of the Albert family (who was not at the scene that day), is not relevant to that form of bias questioning.
So, 20 years ago, whether Sargent Lank knew one member of the Albert family (who was not at the scene that day), is not relevant to that form of bias questioning.
Little raises for the defense. Judge wants to know why the Lank information goes to bias?
Little says this is about admissibility. Little says Lank was one of the first responders. Little says Lank had a connection to one of the members of the Albert family?
Judge asks, isin't this a huge family (the Albert family)?
Little says yes, that's true.
Judge is very skeptical of allowing this.
Judge says she is not going to allow Read to open on this. Dy says it's not part of his opening.
Judge wants to know who do you intend to get it in through;
Little says through Lank himself.
First step is to inquire into relationship and the incident.
Judge says that Lank's testimony is not as lengthy as other witnesses, Lally confirms that is true.
Little says this will also come up in Chris ALbert's testimony.
Little says this is about admissibility. Little says Lank was one of the first responders. Little says Lank had a connection to one of the members of the Albert family?
Judge asks, isin't this a huge family (the Albert family)?
Little says yes, that's true.
Judge is very skeptical of allowing this.
Judge says she is not going to allow Read to open on this. Dy says it's not part of his opening.
Judge wants to know who do you intend to get it in through;
Little says through Lank himself.
First step is to inquire into relationship and the incident.
Judge says that Lank's testimony is not as lengthy as other witnesses, Lally confirms that is true.
Little says this will also come up in Chris ALbert's testimony.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Judge says no ruling on this for now.
We may have a voir dire on Lank and Chris Albert before Read can ask about this.
It's not being denied. No action on the motion. We'll see how the evidence develops at trial.
We may have a voir dire on Lank and Chris Albert before Read can ask about this.
It's not being denied. No action on the motion. We'll see how the evidence develops at trial.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Lally now gets on to Trooper Proctor and the IA investigation;
Lally says the state has not obtained any information about any IA investigations.
Lally says there were interviews, by the state, to screen for bias (but this was not an internal affairs investigation).
Lally says the state has not obtained any information about any IA investigations.
Lally says there were interviews, by the state, to screen for bias (but this was not an internal affairs investigation).
@GretchenVoss64 @SueNBCBoston @BostonMagazine Judge asks when that happend?
Lally says counsel got this information a week prior to trial.
Judge asks if that is complete?
Yes, says Lally.
Lally says counsel got this information a week prior to trial.
Judge asks if that is complete?
Yes, says Lally.
As to the existence of an IA investigation that is open, with no findings, then it's not suitable to use that as grounds for cross examination.
Lally says if something can't be ordered through discovery, as the cases on point speak to about this issue, then the evidence can't come in at trial.
Good argument.
Lally says if something can't be ordered through discovery, as the cases on point speak to about this issue, then the evidence can't come in at trial.
Good argument.
Judge wants to know why this potential IA investigation doesn't go to bias and motive?
Lally says this would allow Read to pursue a line of questioning based on pure conjecture that would, in the end, potentially lead to nothing.
For the court to allow that, says Lally, would lead us into an area with no evidence or findings of fact, and would force the court to rely just on Read's allegations.
With regards to that, says Lally, there are other avenues for this material to come in, but when the basis for admission (even on bias and motive) is lacking, then it becomes fundamentally unfair to allow this evidence to come.
Lally says this would allow Read to pursue a line of questioning based on pure conjecture that would, in the end, potentially lead to nothing.
For the court to allow that, says Lally, would lead us into an area with no evidence or findings of fact, and would force the court to rely just on Read's allegations.
With regards to that, says Lally, there are other avenues for this material to come in, but when the basis for admission (even on bias and motive) is lacking, then it becomes fundamentally unfair to allow this evidence to come.
Little rises and says she doesn't understand why Lally is saying this investigation is about an unknown subject.
Little says, although discovery obligations do imply some things about evidence being admissible, there are other pathways for the defense to bring this information in.
Little says, although discovery obligations do imply some things about evidence being admissible, there are other pathways for the defense to bring this information in.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Little says that the IA investigation was initiated by the Norfolk's DA office itself, insofar as there was a request to screen the troopers involved for bias, right?
Yes, says Lally, but that has nothing to do with the IA investigation Read is talking about.
Yes, says Lally, but that has nothing to do with the IA investigation Read is talking about.
Read's team now says the IA investigation (which my sources say Read, herself, referred) could lead to questions about Proctor's bias?
"What if Proctor doesn't testify?" asks Judge.
"Then we'll call him," says Little.
"Well, he is the first one on the witness list, he is probably going to testify," Judge says.
Little agrees.
"What if Proctor doesn't testify?" asks Judge.
"Then we'll call him," says Little.
"Well, he is the first one on the witness list, he is probably going to testify," Judge says.
Little agrees.
Read's team now arguing that, because they opened an IA complaint into Proctor, it means Proctor's testimony can attacked on the basis of bias.
Judge says she may limit this only to "an investigation."
Unless Read's team can show Proctor's job depends on this investigation, which there is no indication it does as the Trooper is still working, it's only coming in via general terms.
DY won't be opening on this.
Judge says she will withhold ruling on this for now.
Lank may be subject to a voir dire, as with Chris Albert, judge says. She will read more about the information in the record.
Motion 318 passed for now.
Judge says she may limit this only to "an investigation."
Unless Read's team can show Proctor's job depends on this investigation, which there is no indication it does as the Trooper is still working, it's only coming in via general terms.
DY won't be opening on this.
Judge says she will withhold ruling on this for now.
Lank may be subject to a voir dire, as with Chris Albert, judge says. She will read more about the information in the record.
Motion 318 passed for now.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Now we get to Read's BAC analysis.
This is paper 331 (defense's 289);
Read's BAC is show, during the night in question, to be between .19 and .29.
Jackson raises and argues for the defense.
This is paper 331 (defense's 289);
Read's BAC is show, during the night in question, to be between .19 and .29.
Jackson raises and argues for the defense.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Jackson says this is not about the calculation.
Jackson says the Read defense only wants to challenge how the blood was drawn.
Judge asks the state if the people who did the procedure will be testifying?
Yes, both people the nurse and doctor, says Lally.
Jackson says the Read defense only wants to challenge how the blood was drawn.
Judge asks the state if the people who did the procedure will be testifying?
Yes, both people the nurse and doctor, says Lally.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Jackson says he is not arguing that the blood was taken, but rather that it wasn't done in line with existing protocols.
Jackson says this opens the door to attack the results.
This is not huge. Read is on Camera drinking 9 drinks before she drove that night.
Jackson says this opens the door to attack the results.
This is not huge. Read is on Camera drinking 9 drinks before she drove that night.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Judge says she understands this argument, but, Judge asks, doesn't this happen all the time across hospitals in Massachuetts?
Yes, says Lally. This was taken at the hospital and tested at the hospital.
Lally says this is exactly how it is supposed to be done.
Yes, says Lally. This was taken at the hospital and tested at the hospital.
Lally says this is exactly how it is supposed to be done.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Jackson responds, briefly;
He tries to argue the range is wide, but the video of Karen drinking shots of vodka are really going to hurt Read.
Judge says Jackson can explore the wide range on cross.
"I don't see how this doesn't come in," says Judge.
He tries to argue the range is wide, but the video of Karen drinking shots of vodka are really going to hurt Read.
Judge says Jackson can explore the wide range on cross.
"I don't see how this doesn't come in," says Judge.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Jackson says it could be a 403 violation.
Lally says he won't use it in his opening.
Judge will pass on the motion for now and, if need be, we'll have a ruling on this specific piece of information.
If we have to voir dire the hospital staff we will.
Lally says he won't use it in his opening.
Judge will pass on the motion for now and, if need be, we'll have a ruling on this specific piece of information.
If we have to voir dire the hospital staff we will.
All motions are done. The last area the judge has are;
Logistics and sequestration;
Motion for sequestration allowed regarding the family.
The victim's brother Paul, his sister in law, the niece and nephew can attend the trial after their testimony.
Judge will also allow Mr. O'Keefe's father, who, judge says, "for some reason" appears on the defense witness list.
The defense spread a vicious rumor that Mr. O'Keefe will be sitting on Read's side of the court, but I confirmed that is false.
Logistics and sequestration;
Motion for sequestration allowed regarding the family.
The victim's brother Paul, his sister in law, the niece and nephew can attend the trial after their testimony.
Judge will also allow Mr. O'Keefe's father, who, judge says, "for some reason" appears on the defense witness list.
The defense spread a vicious rumor that Mr. O'Keefe will be sitting on Read's side of the court, but I confirmed that is false.
@GretchenVoss64 @SueNBCBoston @BostonMagazine As to the defense calling the DA and the victim's witness advocate (neither of whom have a summons so far);
The state wants an offer of proof from the defense as to why these witnesses need to testify.
The state wants an offer of proof from the defense as to why these witnesses need to testify.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Lally says there has to be a proffer from the defense as to why the DA, or the victim's witness advocate, has information that the defense can't get from any other witness.
Judge asks for an explanation about what a victim's witness advocate does?
Lally says sure.
Judge asks for an explanation about what a victim's witness advocate does?
Lally says sure.
@GretchenVoss64 @SueNBCBoston @BostonMagazine "This is someone who works directly with the prosecutor on virtually every step of the case; motions, pending investigations, trial...and Mr. Nelson has been the point of contact for the family for over two years."
Mr. Lally talks about the years of work that the advocate has put in to help the O'Keefe family.
"Does he take calls late at night? Does he have personal relationships with witnesses? Is he somebody that they call if harassment happens (which has been frequent in this case, says Judge)"?
Yes, says Lally, almost all of the communication in recent months has been related to that ongoing harassment the O'Keefe family has gone through.
Karen's dad stares at me as Lally speaks. I look him in the eyes and he sees I am saddened by what he is done. He quickly looks away.
"Does he take calls late at night? Does he have personal relationships with witnesses? Is he somebody that they call if harassment happens (which has been frequent in this case, says Judge)"?
Yes, says Lally, almost all of the communication in recent months has been related to that ongoing harassment the O'Keefe family has gone through.
Karen's dad stares at me as Lally speaks. I look him in the eyes and he sees I am saddened by what he is done. He quickly looks away.
DY says he recognizes the advocate has a job to do.
Judge says, DY, you worked closely with advocate's in the past when you prosecuted people?
Yes, says DY.
But, says DY, this is a little different; he says that the victim's advocate talked to other people in the case (which is normal), in particular the man who Karen cheated on John with in the weeks before John's death.
Judge says, DY, you worked closely with advocate's in the past when you prosecuted people?
Yes, says DY.
But, says DY, this is a little different; he says that the victim's advocate talked to other people in the case (which is normal), in particular the man who Karen cheated on John with in the weeks before John's death.
@GretchenVoss64 @SueNBCBoston @BostonMagazine Wow.
Brian Higgins did not say that he destroyed his phone.
DY mislead the court using semantics.
Karen Read corrects him and then DY says Higgins was only told he "could get rid of" his phone.
Jesus, DY is such a liar.
Brian Higgins did not say that he destroyed his phone.
DY mislead the court using semantics.
Karen Read corrects him and then DY says Higgins was only told he "could get rid of" his phone.
Jesus, DY is such a liar.
Judge will not sequester the victim's witness advocate.
Judge does allow a defense request that Higgins and the advocate not speak while the trial is ongoing, about this issue.
Judge agrees after the state consents to the defense request.
Judge agrees after the state consents to the defense request.
Judge just needs a minute to write down the order as she just explained it.
The courtroom is quiet and a very strange stillness hangs in the air.
I can really sense dread and despair among Karen Read's defense team and her supporters.
You could hear a pen drop right now.
The courtroom is quiet and a very strange stillness hangs in the air.
I can really sense dread and despair among Karen Read's defense team and her supporters.
You could hear a pen drop right now.
It's like time is suspended in this courtroom right now;
The full weight of what Read and her family have done seem to be really coming down on them as they sit here.
Just an incredible sense of the crushing, relentless, pace of history.
The full weight of what Read and her family have done seem to be really coming down on them as they sit here.
Just an incredible sense of the crushing, relentless, pace of history.
Now Judge asks for DY to explain why he wants the Norfolk DA to testify.
DY explains that the defense can question and attack the investigation, which the Norfolk DA oversaw.
That, says DY, doesn't necessarily make a DA a witness.
DY explains that the defense can question and attack the investigation, which the Norfolk DA oversaw.
That, says DY, doesn't necessarily make a DA a witness.
DY says this is different for two reasons;
The first is the Canton police department and the second is how DA Morrissey fought fire with fire by making a statement after Read's team tried to use TurtleBoy to posion the jury pool.
The first is the Canton police department and the second is how DA Morrissey fought fire with fire by making a statement after Read's team tried to use TurtleBoy to posion the jury pool.
Judge says, why can't this just come in through the video the DA made?
Judge says she has to find ways to get this in that don't involve the DA testifying, per the existing caselaw.
DY agrees.
Judge says she has to find ways to get this in that don't involve the DA testifying, per the existing caselaw.
DY agrees.
DY says the DA knew about this investigation very early on (which seems normal).
DY argues the Canton police were conflicted out, but all murder cases are under the jurisdiction of the State Police, so this argument is week.
DY argues the Canton police were conflicted out, but all murder cases are under the jurisdiction of the State Police, so this argument is week.
DY argues that the DA should be able to attack and question the investigation this way?
Judge says why can't you do it through other witnesses?
DY says they can, but the buck stops with the DA.
I'm not sure this is a strong argument under the caselaw.
Judge says why can't you do it through other witnesses?
DY says they can, but the buck stops with the DA.
I'm not sure this is a strong argument under the caselaw.
DY is talking about the video statement from the DA (which only came about because the Defense tried to poison the jury pool), but DY already lost on this issue in a previous motion in the case.
DY has to argue that they can only get information from the DA about the video, which is his offer of proof.
Lally up now.
Lally up now.
Lally says that the defense is trying to call this witness, so the cases about asking anything on cross is not relevant here.
Lally says, and the Judge agrees, that there are other ways for evidence about the DA's statements and actions to come in.
Lally says, and the Judge agrees, that there are other ways for evidence about the DA's statements and actions to come in.
Lally says this isin't even close to a valid proffer, for either the DA or the victim's advocate, as to why those two would need to testify.
I tend to agree.
I tend to agree.
The testimony about Higgins "getting rid of" (not destroying) his phone is from page 140 of that piece of evidence.
Lally says that one of the witnesses has a medical condition, so he hasn't been sent a summons yet.
Judge says this is the first time she is hearing this.
Judge says this is the first time she is hearing this.
Judge says this is a stretch and an uphill battle.
Judge will allow the defense to try another offer of proof to allow the DA to testify. Today is not enough.
Judge rules the Norfolk DA is not subject to sequestration during the trial.
Judge will allow the defense to try another offer of proof to allow the DA to testify. Today is not enough.
Judge rules the Norfolk DA is not subject to sequestration during the trial.
Judge now confirms that the Karen Read trial will be in the court's smaller courtroom, Courtroom 25, starting on Monday.
Judge is furious that the defense did not ask for an audio/visual expert in writing, and that said expert sat in counsel's chair previously and talked to Karen Read.
Judge is furious that the defense did not ask for an audio/visual expert in writing, and that said expert sat in counsel's chair previously and talked to Karen Read.
Now we're talking about what the audio/visual expert wants to do?
Jackson says this expert is only for evidence that is not in dispute.
State says, as long as Jackson approaches the bench before doing anything related to this, then sure.
Lally says he's not sure extra video monitors are needed, but he is open to discussions.
Jackson says this expert is only for evidence that is not in dispute.
State says, as long as Jackson approaches the bench before doing anything related to this, then sure.
Lally says he's not sure extra video monitors are needed, but he is open to discussions.
Judge says, in some courthouses like Suffolk County, the audio/visual is great.
Judge says if we knew about the defense's request was in two months ago, the court could have done more.
Judge says no monitors. She doesn't have the time and the courtroom is small (at Read's request).
Judge says if we knew about the defense's request was in two months ago, the court could have done more.
Judge says no monitors. She doesn't have the time and the courtroom is small (at Read's request).
Months ago, says Judge, would have been needed for all of these requests from the defense.
Judge doesn't know if she wants monitors on the table too close to the jury.
Judge doesn't know if the defense audio/visual assistant can fit at counsel table.
Judge doesn't know if she wants monitors on the table too close to the jury.
Judge doesn't know if the defense audio/visual assistant can fit at counsel table.
Judge won't allow any loud sound amplification or the video monitors on the counsel and judge's table.
Jackson says both sides can use all of the equipment.
Judge says does this mean wires are required?
Judge says we can't just make changes on the fly to historic buildings.
Jackson says he understands and will not disturb anything.
Jackson says both sides can use all of the equipment.
Judge says does this mean wires are required?
Judge says we can't just make changes on the fly to historic buildings.
Jackson says he understands and will not disturb anything.
Judge says this audio/visual expert can help only with admitted exhibits.
Judge thinks hard about this.
Judge asks if the sides can spend some time working on this (and notes this is literally right before trial).
Lally says his office has some time.
Judge thinks hard about this.
Judge asks if the sides can spend some time working on this (and notes this is literally right before trial).
Lally says his office has some time.
Read's defense says they were supposed to bring their audio/visual expert last Friday, but didn't get permission in time for the court.
Jackson says he understands the Court has concerns about the expert having talked to Read during impalement at counsel table.
Jackson says he understands the Court has concerns about the expert having talked to Read during impalement at counsel table.
Judge says no basis for objections. No speaking objections.
We'll do it at sidebar if we need to.
Sidebar now for a jury issue. We're almost done.
We'll do it at sidebar if we need to.
Sidebar now for a jury issue. We're almost done.
The sidebar is ongoing.
This is it, friends, coming into the home stretch of the most intense, wild, ridiculous, pre-trial process I have ever seen in my entire life.
One can sense the relief from John's family and friends. We are almost at trial. They made it.
This is it, friends, coming into the home stretch of the most intense, wild, ridiculous, pre-trial process I have ever seen in my entire life.
One can sense the relief from John's family and friends. We are almost at trial. They made it.
Okay, folks, with that the pre-trial process for accused murderer #KarenRead has come to an end.
#JohnOKeefe's family made it.
I will see you at 10am Monday for opening statements in, what could be, the most important trial to ever be held in a courtroom seating 40 people.
#JohnOKeefe's family made it.
I will see you at 10am Monday for opening statements in, what could be, the most important trial to ever be held in a courtroom seating 40 people.
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