Prosecutors within the case of Karen Read, accused of operating over her boyfriend along with her SUV in Canton final 12 months, name just lately filed protection paperwork implicating others a “fanciful” “conspiracy” forward of the following listening to.
Read, 43, of Mansfield, is charged in Norfolk Superior Court with second-degree homicide, motorcar manslaughter whereas drunk and leaving the scene of a collision inflicting demise within the Jan. 29, 2022, killing of her boyfriend, Boston Police Officer John O’Keefe, 46, of Canton.
Her protection attorneys filed motions they are saying “must reverse the trajectory of this case.” They requested mobile phone information from the host of the get together and a smaller movement final week searching for extra bodily proof.
The filings contained bombshell allegations that two others on the get together in Canton the place O’Keefe’s physique was discovered the following morning conspired within the O’Keefe’s demise: home-owner Brian Albert, a fellow member of the Boston Police; and Albert’s sister-in-law, and O’Keefe’s longtime buddy, Jennifer McCabe.
In the filings, protection attorneys David Yannetti and Alan Jackson wrote that that they had uncovered a compromising Google search on McCabe’s telephone hours earlier than O’Keefe’s physique can be discovered within the snow exterior 34 Fairview Road in Canton that asks “ho(w) to die in cold” that they stated was not current within the police’s personal forensic report on the mobile phone.
This discovery, they argued, “uncovered significant steps to delete and tamper with evidence.” Because of that, they argued, in addition they needed home-owner Brian Albert’s mobile phone turned over for their very own forensic examination.
Prosecutors have been “ethically constrained” from responding to the filings exterior of the courtroom, Norfolk DA spokesman David Traub stated that day. He added that “it has not yet been determined that defense has interpreted the raw data correctly,” and that prosecutors would submit a “formal and detailed response” forward of or on the following scheduled listening to date, which is tomorrow afternoon.
On Monday, that response got here — although it was not publicly accessible once more Tuesday till simply earlier than the Norfolk Superior Court’s clerk’s workplace closed at 4:30 p.m.
“The defendant here submits a supporting affidavit by one of her counsels that is simply a reiteration of an argument bereft of any evidentiary support,” Assistant District Attorney Adam Lally wrote within the submitting, including that he discovered the entire request to be a “fishing expedition.” “The defendant posits a fanciful ‘facts’ section to support the conspiracy that purportedly exists … ”
The protection “offers only speculative grounds” for the request to show over Albert’s telephone, Lally wrote, “nor offers any relevant statements or new factual support. This motion should be similarly denied.”
Further, he counter’s the protection’s idea that O’Keefe’s accidents have been suggestive of being crushed to demise and never of being hit by a automobile with Grand Jury testimony by the physician who examined O’Keefe who stated that “she observed no signs of an altercation or fight.”
The prosecutor’s submitting saying the protection movement to be tossed additionally contains some extra particulars which are both new or not often advised in retellings of the night time O’Keefe died.
One is that O’Keefe’s nephew and niece advised forensic interviewers that Read and O’Keefe have been arguing loads within the weeks main as much as the night time of Jan. 28.
The niece stated that they have been arguing about two to a few instances per week and that O’Keefe had advised Read per week earlier than that fateful night time that “their relationship had run its course and that it isn’t healthy.”
Lally writes {that a} forensic examination of O’Keefe’s telephone reveals voicemails and textual content messages between the pair that “detailed strains in their relationship.”
Further, whereas it’s been extensively reported that Read introduced over a glass of a combined vodka drink from C.F. McCarthy’s to Waterfalls Bar and Grille in Canton when she and O’Keefe joined others there, no one had but stated she appeared drunk.
Lally writes on this submitting that the State Police Crime Laboratory estimated that her blood alcohol content material across the time of O’Keefe’s seemingly time of demise at between 0.13% and 0.29%, or properly above the authorized restrict of 0.08%.
On Tuesday, protection legal professional Yannetti stated that his staff would reply to the filings in courtroom.
Source: www.bostonherald.com”