Massachusetts

Judge to hear motion to dismiss two charges in Karen Read murder case

August 9, 2024 by

Karen Read is back in court Friday.

Her attorneys are trying to get two of her charges dismissed: second degree murder and leaving the scene of a crash resulting in death.

In court Friday, Judge Beverly Cannone will hear arguments on whether to dismiss those two charges from both the defense and prosecution after multiple jurors who were on the case now allegedly claim during deliberations the entire jury agreed Read was not guilty of either.

Read is also facing a third charge — manslaughter while driving under the influence. At this time, it’s unclear if the jury had an answer to that charge.

The hearing comes as NBC10 Boston learned of the effects Massachusetts State Police Trooper Michael Proctor had on this case. He was the lead investigator in the case.

New documents obtained exclusively by NBC10 Boston show the Norfolk County District Attorney’s Office, which prosecuted Read, sent a Brady letter earlier this month to 13 criminal defense attorneys in four cases.

The letter states that Proctor, who was involved in each investigation, has been subject to cross-examination regarding issues like conflict of interest and bias. It notes that he’s under investigation and suspended without pay.

“Proctor didn’t all the work in this case. There were all a whole bunch of other people in the Read case who did work. Imagine if he’s really the Seminole key prosecutorial witness in a case. I don’t know if I would be comfortable putting him up as a witness. The DA’s office may have to consider dropping some cases where he is a Seminole witness,” said Chris Dearborn, Suffolk University law professor.

Based on recent case law by the Supreme Judicial Court, the district attorney’s office was in some ways dictated to offer up that information.

The hearing to dismiss two charges in the Read case will take place Friday afternoon.

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Fallout from Michael Proctor’s testimony in Karen Read case could be wide-ranging

August 8, 2024 by

The fallout from Massachusetts State Police Trooper Michael Proctor’s testimony in the Karen Read trial is continuing to grow.

Proctor is suspended without pay amid an internal investigation, and the situation is affecting other cases involving him.

New documents obtained exclusively by NBC10 Boston show the Norfolk County District Attorney’s Office, which prosecuted Read, sent a Brady letter earlier this month to criminal defense attorneys in 13 cases.

Proctor served as the lead investigator in the 2022 death of Boston Police Officer John O’Keefe, in which Read was charged with murder.

Testifying at her trial, Proctor came under fire for texts he sent family, friends, colleagues and superiors with the Massachusetts State Police.

“She’s a whack job … c***,” Proctor said while reading the texts while on the witness stand.

In the texts, he made disparaging remarks about medical conditions, and said he had found “no nudes so far” when going through Read’s phone.

O’Keefe was found in the snow outside the Canton home of Brian Albert, a fellow officer with the Boston Police Department. When a friend said they were “sure the owner of the house will receive some s***,” Proctor replied, “Nope, homeowner is a Boston cop, too.”

Proctor became the lead investigator after state police were called in because Albert has a brother with the Canton Police Department. But Proctor’s own connection with other witnesses were called into question at the trial. Proctor acknowledged that he is close with his sister, Courtney, who is friends with Julie Albert, the homeowner’s sister-in-law.

In one text to his sister, Proctor said of Read, “Hopefully she kills herself.”

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The case — in which Read was charged with second-degree murder, manslaughter and leaving the scene of a deadly crash — ended in a mistrial due to a hung jury.

The Norfolk County District Attorney’s Office has vowed to retry the case, while the defense has said several jurors have come forward to say they were in agreement she was not guilty of the murder charge and leaving the scene.

“Anytime the government is trying to use a witness with this kind of baggage, it will call into question his credibility and whether or not proper procedures were followed,” said attorney Joseph Cataldo — one of the lawyers who received the Brady letter.

Cataldo’s client was indicted in connection to a July Fourth murder in Randolph last year.

“I don’t know what the commonwealth is going to do with these witnesses, but I know that we’ll be filing more motions,” he said.

Other cases likely impacted by Proctor’s involvement include a prominent doctor in Dover accused of killing his wife back in 2020, the murder of a moped driver in Milton in 2021 and a child abuse case in Quincy.

An unofficial transcript of Proctor’s testimony in the Read trial was also sent out to attorneys from the other open cases.

“I’m sure there are going to be a lot of defense lawyers thinking of really creative ways to try to convince a judge that all this information that happened in the Read case should be held against Trooper Proctor in any case he was the lead investigator on,” said Suffolk Law Professor Chris Dearborn.

Law experts say these select attorneys will likely file additional motions to get more information on Proctor’s background.

“Even looking forward to the second Karen Read trial, what are they going to do with him as a witness in that case now that all of this is out there? Are they going to call him again? Are they going to not call him?” asked Dearborn. “Who knows? It may impact how they have to proceed in the second Karen Read trial, as well.”

At a hearing Friday, the judge will hear arguments from Read’s attorneys calling for the charges of murder and leaving the scene to be dropped.