Defense attorneys for the girl accused of working her boyfriend over in a snowstorm final yr and leaving him to die have filed a brand new movement they are saying “must reverse the trajectory of this case” by clearing their shopper and implicating two others within the loss of life.
Karen Read, 43, of Mansfield, faces costs in Norfolk Superior Court of second-degree homicide, motorcar manslaughter whereas inebriated and leaving the scene of a collision inflicting loss of life within the Jan. 29, 2022, killing of her boyfriend, Boston Police Officer John O’Keefe, 46, of Canton.
She has been out on bail since initially being charged in Stoughton District Court on Feb. 2, when she posted $50,000. Following her June 9 indictment, the Superior Court set a bail of $100,000, which she posted. Her bail has since been lowered to $75,000.
On Wednesday, protection attorneys David Yannetti and Alan Jackson filed a movement in Norfolk Superior Court casting doubt on the prosecution’s interpretation of occasions that led to native police responding to the house of Brian Albert, 34, of Fairview Road, a bit of after 6 a.m. on Jan. 30, 2022, to seek out O’Keefe’s mangled and frigid physique as a serious snowstorm despatched temperatures plunging.
“An analysis of the complete forensic image of Jennifer McCabe’s cell phone by Computer Forensic Expert Richard Green establishes that Ms. McCabe, the government’s seminal witness, Googled, ‘hos (sic) long to die in cold’ at 2:27 a.m. on January 29, 2022, exactly two hours after O’Keefe was last seen walking towards the Albert Residence by Ms. Read,” Yannetti and Jackson wrote within the 24-page movement.
The night time of Jan. 28, Read and O’Keefe have been having an evening out in Canton, ingesting collectively first at C.F. McCarthy earlier than becoming a member of with buddies throughout the road at Waterfall Bar and Grille. When that bar closed at round midnight, these current determined to go over to the Albert residence. The protection movement says they have been invited by McCabe, who’s Albert’s sister-in-law and longtime buddy to the couple.
Read has maintained that she dropped O’Keefe off on the occasion and returned house as a result of abdomen issues associated to medical illnesses from which she suffers.
Defense attorneys write that the Google search “exculpates Ms. Read and decisively implicates Jennifer McCabe and Brian Albert within the homicide of John O’Keefe.
“In spite of the fact that O’Keefe was found dead on the front lawn of Boston Police Officer Brian Albert, a highly trained boxer and fighter with deep familial and personal ties to the Canton Police Department and the Massachusetts State Police, law enforcement has utterly failed to treat Mr. Albert (and his family members who were present on the night in question) as suspects,” the movement continues.
Herald calls to a number of telephone numbers listed for McCabe in addition to a name and e mail to an lawyer for Albert weren’t instantly returned.
The Norfolk DA’s workplace, which is prosecuting the case, despatched the Herald a brief assertion in response to the filings.
“While prosecutors are ethically constrained in the statements that can be made outside the courtroom, the Norfolk District Attorney’s Office is in receipt of the motion filed today but it has not yet been determined that defense has interpreted the raw data correctly,” spokesman David Traub mentioned. “The Norfolk District Attorney’s Office has asked defense repeatedly during the pendency of this matter to provide any actually exculpatory evidence to support their claims.”
Traub mentioned the workplace will submit a “formal and detailed response” on or earlier than the subsequent scheduled listening to date of May 3.
Along with the element of the Google search, the movement asks the courtroom to challenge summons to Albert in addition to telephone carriers Verizon and AT&T for particulars name logs, location data and information for telephones utilized by Albert and McCabe.
Specifically, the movement requests “all cell phone(s) in the possession of and/or used by Brian Albert between January 28, 2022, and present” so {that a} protection professional can carry out a forensic examination of communications on these telephones from between Jan. 28, 2022, and Feb. 5, 2022.”
It additional seeks “all information contained on any cloud-based accounts” utilized by these telephones for a similar date vary in addition to any entry codes or passwords.
The focused telephones are a extra restricted request from one other main protection submitting on Aug. 12 that focused telephone information from each one that was on the gathering at 34 Fairview Rd., which was denied.
“Today is a turning point for Karen. Finally, the truth has come out,” Yannetti and Jackson wrote in a press release following the filings. “As we stress in the Motion, there is simply no innocent explanation for McCabe’s search at that time.”
Source: www.bostonherald.com”