In the continuing case of the Commonwealth of Massachusetts vs Karen Read the defense has filed a motion to dismiss due to "extraordinary government misconduct" just recently. I'm not going to go over that today. Suffice it to say that is is indeed as "full throat-ed" as Alan Jackson promised. While this motion is 24 pages long (and it really could've been much longer, the defense kept it lean and mean, IMO), the CW's opposition is 15 pages of "the prosecutor didn't know." According to a few law tubers I watch, this isn't a viable defense. The prosecutor IS the Commonwealth - there is no "plausible deniability" as much as the specially appointed Hank Brennan wishes there were.
To be fair, I do not know if Hank is talking about himself or ADA Adam Lally. For those that aren't in the know, Karen Read's first trial took place almost a year ago and ended in a hung jury. The lead prosecutor, Adam Lally, was replaced with special prosecutor Hank Brennan for the second go 'round which is set to take place starting April 1st 2025 (such an apropos date IMO). As an aside, from what I gather, special prosecutors are generally brought in due to a conflict of interest with the charging DA's office but nothing is usual in this case and Adam Lally is still seated at the prosecution table, silent and looking somewhat forlorn.
It could be that Hank is using the word "prosecutor" meaning both himself and Lally (as well as Laura McLaughlin who was Lally's "second chair" and who is silently sitting at the table as well). It seem's that when Hank uses the word "commonwealth" (as I believe he should be throughout the document) he does mean the MA government. He carefully parses when determining which word to use. However, regardless of which term he uses, he cannot be absolved of the failures of the CW.
Throughout the document, Hank embodies the idea of "having his cake and eating it, too." Below, for example, Hank begins the argument concerning CPD videos by pointing out that there were 90 crime scene services pictures taken of the right rear tail light of Karen Read's SUV. Later, he will slip in that these pictures were taken Feb 2, 2022 which is over 2 days after the vehicle was impounded. He also mischaracterizes the testimony of Dighton police sergeant Nick Barros' as though it benefited the CW when it did not. He said that the taillight was "cracked with a piece missing, not completely destroyed," which is consistent with the defense's theory of the case.
Then he blathers on about the SERT team's arrival to 34 Fairview, the scene of the crime. (Mind you, the scene was released over 8 hours earlier, leaving it open to anybody.) The search did not begin until approximately 5:45 pm, which was at least 10 mins. after Karen's SUV arrived at the CPD sally port. And CPD is only a 4 min. drive from the crime scene.
Then, hysterically, Hank tries to make a case that the condition of the alleged murder weapon's tail light isn't "the most critical and highly-contested issue in this case." And further, that the defense's motion to preserve evidence on Feb 2 of 2022 somehow failed to include the actual alleged murder weapon! Then claims that the Canton PD sally port wasn't the "crime scene," although MSP crime scene services took 90 pictures IN the sally port. Maybe the defense should ask to have those tossed out?
In or about Feb. of 2024 a federal grand jury was convened to investigate the investigation. At this point you'd think the Norfolk County District Attorney's Office (NCDAO) would've clued into the fact that maybe their case was was crappy and they should run away as fast as possible. Not only have they been caught with a number of hands in the cookie jar, they've been caught hiding that jar behind their proverbial back. Nothing to see here, amirite?
I realize time blindness is a thing but the NCDAO would prefer that we not notice things like the SERT team's delayed start (some members arrived before 5 pm yet would not begin their search until about 1 hour and 45 mins. later) and that the word "promptly" means well over a month later as illustrated below.
Also, who knew a CPD sally port camera was replaced? I don't remember that being brought up at all in the first trial. I mean, it's understandable considering all of the crappy video we've seen (which also seem to be from multiple cameras, yet only one was replaced?) but I think we need a receipt(s).
Next Hank tries to weasel in the idea that the gentlemen in charge of cameras thought the city of Canton had something to do with cameras at the Canton police department itself. I'm pretty sure that's not the case, but who knows? In any event, Hank completely leaves out the fact that, when presented with a CD that purportedly had video from the city of Canton (which I believe is from the library, if I'm not mistaken), the witness stated he'd never seen that CD and it was not what he gave to the NCDAO. I guess I can't blame Hank, Lally also tried to gloss it over although the witness wasn't having it.
Finally, it's time to address the inverted sally port video that not only magically appeared in the middle of trial but that the judge seemed to take no issue with. Any other judge would have been outraged, but not this one. It's a travesty IMO. Hank also takes no issue with it - it's not the poor prosecutor's fault plus the defense also "altered" the video. You cannot make this stuff up.
I guess if the defense is allowed to set things right it's A-OK for the CW to screw it up in the first place. That's how this works, right?
Besides, the video in question shows Proctor "feet away" from the beleaguered tail light. Plus his DNA wasn't on the tail light anyway... This "fact" wasn't even discussed in the first trial (sorta like the replaced camera). Although it seems like everybody in the video was wearing winter gear so maybe he was had gloves on? Just a thought.
Next we find out that the CW has now "clarified" a bunch of video (and has hash values, etc. for all of this - it's a miracle!). You know what would've been better? If everything was done correctly from the beginning, sheesh.
And now the CPD magically has a video from before this tragedy took place even though the system supposedly overwrites data every 30 days - surprise!
To be continued...