Attorneys for Karen Read — charged with homicide for allegedly placing and killing her boyfriend along with her automotive in January of final yr — is not going to be sure by a gag order in talking exterior the court docket on issues of the case.
“The Commonwealth argues that defense counsel has made statements to the media that have a substantial likelihood of materially prejudicing the proceedings and that therefore a court order is necessarily (sic) to ensure compliance,” Norfolk Superior Court Judge Beverly J. Cannone wrote in her ruling, filed Monday. “The court disagrees.”
“Although it is true that the statements by defendant’s counsel cited by the Commonwealth are arguably inflammatory and appear to have fueled much of the publicity in this case, the Court does not find, at this time, that there is a substantial likelihood that the statements will materially prejudice the proceedings,” she continued.
It is the second movement she denied in every week, following her denial of a protection movement on Feb. 25. That movement requested that she recuse herself from the case as a result of, protection lawyer Alan Jackson argued, she might have some sort of relationship with a determine associated to Jennifer McCabe. McCabe is one in all two individuals, together with Boston Police Sgt. Brian Albert, the protection has named as possible culpable in O’Keefe’s dying.
Both McCabe and Albert have employed legal professionals who’ve sat in on the case’s hearings and have filed motions in protection of their purchasers.
O’Keefe’s mangled physique was discovered within the snow within the entrance yard of Albert’s then-home at 34 Fairview Road in Canton at round 6 a.m. on Jan. 29, 2022.
Prosecutor Adam Lally has argued that Read backed her Lexus SUV into O’Keefe within the early morning hours after dropping him off to a get-together on the dwelling following a night at two bars on the town. Defense attorneys Jackson and David Yannetti have pursued what Cannone has described as “a third-party culprit defense,” during which they are saying O’Keefe was attacked onsite and that his wounds don’t counsel being hit by a automotive.
Lally argued his movement to suppress extrajudicial remark and allegedly sharing court docket supplies that had not but been filed — together with pictures of part of O’Keefe’s physique — on the final listening to.
He stated he was asking that attorneys be sure by “professional conduct,” and argued that protection counsel had been utilizing the media “as propagandists for the defense version of the case.”
Defense lawyer Yannetti argued passionately in opposition to the “gag order,” which he stated is just not solely “unconstitutional, it is anti-constitutional.”
Source: www.bostonherald.com”