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Karen Read Trial - May 2023 - Lampron Hearing

courtCHOPT

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Rule 17 Lampron hearing in the Karen Read trial regarding motions to quash live testimony subpoenas and cell phone records:

Hearing Overview
• Case & Docket: Commonwealth v. Karen Read, Docket No. 2282CR-117
• Prosecution: Assistant District Attorneys Adam Lally and Laura McLaughlin
• Defense: Alan Jackson, David Yannetti, Elizabeth Little, and Ian Henchy
• Third-Party Counsel: Gregory Henning (Brian Albert) and Kevin Reddington (Jennifer McCabe)

Motions to Quash Live Testimony Subpoenas
• Arguments by Brian Albert's Counsel:
• Subpoena to compel live testimony at a Rule 17 hearing improper under Massachusetts law
• Circumvention of SJC Lampron and Dwyer protocols (governed by affidavits rather than live examination)
• Arguments by Jennifer McCabe's Counsel:
• Emphasis on witness's extensive prior cooperation (police statements, grand jury, phone extraction)
• Subpoena characterized as attempt to embarrass, intimidate, or cross-examine a third party
• Defense Opposition:
• Competing expert affidavits requiring live credibility determination by the court
• Relevance of alleged deleted calls, screenshots, and Google search to third-party culprit defense
• Judicial Rulings:
• Allowed both motions to quash live testimony subpoenas for Albert and McCabe
• Denied request for an evidentiary Rule 17 hearing under SJC precedent (R.C. v. Chilcoff)

Arguments on Defense Rule 17 Motion for Cell Phone Data & Records
• Defense Motion & Third-Party Culprit Theory:
• Assertion that victim John O'Keefe was killed inside 34 Fairview Rd and mauled by Albert's German Shepherd
• Target of motion: Brian Albert's phone/location data (Jan 29–Feb 5) and Jennifer McCabe's cell phone records
• Google Search: "hos long to die in cold" timestamped at/before 2:27 AM (3.5 hours prior to body discovery)
• Apple Health: O'Keefe recording 80 steps and 3 flights of stairs between 12:21 AM–12:24 AM
• Forensic Pathology: Dr. Sheridan report attributing arm wounds to dog bites/scratches
• Deleted Phone Data: 18 deleted calls on McCabe's phone (including calls to Alberts) and deleted contact screenshot
• Prosecution Opposition:
• Forensic Analysis (Trooper Guarino & Independent Expert Jessica Hyde):
• 2:27 AM Google search timestamp identified as Safari state/WAL log parsing artifact. Search actually occurred at 623–6:24 AM on scene
• Actual 2:27 AM browser activity tied to high school basketball scores ("Ozone")
• Deletions explained as standard system data overwriting rather than manual user scrubbing
• Health & GPS Data Unreliability:
• O'Keefe's phone recording step counts hours after formal pronouncement of death at 7:50 AM
• Concentric circle GPS mapping showing phone touched house perimeter for only 3 seconds total
• Third-Party Counsel Rebuttal:
• Single unanswered 6:23 AM call as sole connection between McCabe and Albert's phone
• Citation to federal precedent (United States v. Cartagena-Albaladejo) prohibiting broad Rule 17 subpoenas for "alternate theories"
• Defense Rebuttal:
• Technical Breakdown: Apple Cocoa Core Time and Safari tab mechanics confirming 2:27 AM search execution across 5 extraction tools
• Post-Mortem Steps: Explanation that post-death steps resulted from Trooper Proctor carrying unsecured phone
• Communications: Pointed to 7 calls between McCabe and Albert on Jan 29 (6 answered)
• Narrow Tailoring: Request restricted to a 7-day window (Jan 29–Feb 5) for location and communication logs only

00:00:00 - Karen Read Trial - May 2023 - Rule 17 - Lampron Hearing
00:00:48 - Motion to Quash Subpoena for Brian Albert
00:04:58 - Motion to Quash Subpoena for Jennifer McCabe
00:07:27 - Defense Opposition to Motions to Quash
00:16:33 - Court Ruling: Subpoenas Quashed
00:17:50 - Evidentiary Hearing Denied Under R.C. v. Chilcoff
00:18:33 - Defense Argument on Rule 17 Cell Phone Motion
00:20:40 - Google Search Timestamp How Long to Die in Cold
00:21:28 - Apple Health Data Steps and Flights of Stairs
00:22:03 - Dr. Sheridan Report on Dog Bite Injuries
00:22:42 - Deleted Calls and McCabe Phone Extraction
00:30:02 - Prosecution Opposition to Rule 17 Motion
00:35:25 - Guarino and Hyde Analysis of the 2:27 AM Search
00:37:31 - Ozone Basketball Tab and Safari WAL Artifact
00:40:07 - Post-Mortem Steps and GPS Concentric Circles
00:45:07 - Third-Party Rebuttal for Brian Albert
00:47:16 - United States v. Cartagena-Albaladejo on Rule 17 Scope
00:51:07 - Defense Rebuttal and Technical Forensic Breakdown
00:53:44 - Late Disclosure of Expert Jessica Hyde
00:55:13 - Apple Cocoa Core Time and Safari Tab Mechanics
00:59:17 - Deleted Calls and Unsecured Phone Step Data

Karen Read Trial Playlist: Karen Read Trial

20 Comments

@courtCHOPT Creator 2 weeks ago Pinned

00:00:48 - Motion to Quash Subpoena for Brian Albert (Henning)
00:04:58 - Motion to Quash Subpoena for Jennifer McCabe (Reddington)
00:07:27 - Defense Opposition to Motions to Quash
00:16:33 - Court Ruling: Subpoenas Quashed
00:17:50 - Evidentiary Hearing Denied Under R.C. v. Chilcoff
00:18:33 - Defense Argument on Rule 17 Cell Phone Motion
00:20:40 - Google Search Timestamp How Long to Die in Cold
00:21:28 - Apple Health Data Steps and Flights of Stairs
00:22:03 - Dr. Sheridan Report on Dog Bite Injuries
00:22:42 - Deleted Calls and McCabe Phone Extraction
00:30:02 - Prosecution Opposition to Rule 17 Motion
00:35:25 - Guarino and Hyde Analysis of the 227 AM Search
00:37:31 - Ozone Basketball Tab and Safari WAL Artifact
00:40:07 - Post-Mortem Steps and GPS Concentric Circles
00:45:07 - Third-Party Rebuttal for Brian Albert
00:47:16 - United States v. Cartagena-Albaladejo on Rule 17 Scope
00:51:07 - Defense Rebuttal and Technical Forensic Breakdown
00:53:44 - Late Disclosure of Expert Jessica Hyde
00:55:13 - Apple Cocoa Core Time and Safari Tab Mechanics
00:59:17 - Deleted Calls and Unsecured Phone Step Data

@Denise_an 2 weeks ago

Judge Beverage should be disbarred!

@pillettadoinswartsh4974 2 weeks ago (edited)

Not surprising at all that the people who actually murdered John O'Keefe wouldn't want to testify in court, under oath. But they had no basis in law to stop it. Also not surprising that the Prosecution, who KNOWINGLY had no business ever prosecuting Ms. Read, would support the people known to have murdered John O'Keefe. One thing we know for sure: Michael Proctor, the Canton PD and the Norfolk County DA's office succeeded in shielded the actual murderers from receiving justice. It is unlikely they will ever face the consequences of their actions, because the "investigation" was a complete and utter disaster, from start to finish. SHAME on ALL of these entities, and shame on the MA justice system for allowing it to happen.

@courtCHOPT Creator 2 weeks ago

52:40 - "These aren't as Mr Lally likes to say, fanciful facts. He's got that written down somewhere he says it at every hearing." LOLOL

@courtCHOPT Creator 2 weeks ago

Prior to being revealed, the butt dial records were guarded with a force field, a mote, a couple cannons, 2 lawyers, and a judge I have grave concerns about.

Justice Scott Kafker of the Massachusetts Supreme Judicial Court partly allowed (McCabe's) and partly denied (Brian Albert's) the defense's motion seeking relief from the judge's decision to withhold access to the data.

@SpectreTheHorseman 2 weeks ago

40:18 > Just because John looked up the address using Ways DOES NOT mean he had never been there before. He could have pulled it up so that Karen would get step by step travel directions AND been there before. Both can be true at the same time.

@SpectreTheHorseman 2 weeks ago

Evil conducts its business under the cover of darkness

@sethfroman7044 2 weeks ago

I’m just trying to imagine how much more information we’d have, if Bias Bev wasn’t on this case. She never truly justified her denial on a lot of KR’s motions.

@PHILLIPJACOB-h3d 2 weeks ago

Both lied in court,why would they want to do that with a real judge?

@Turtlelewy 8 days ago

Did she deny

@KelWantsToKnow 2 weeks ago

Who is the blonde next to Aidan Kearney? This was before Meredith was on the scene.. 🤔

@Justme-x4y 2 weeks ago

Lilly is a big liar 🤥

@verityforposterity 2 weeks ago (edited)

Thank god for Alan Jackson's tenacity! He did so much to help ensure Read wasn't wrongly convicted, as did two juries.

@EmmaDee 2 weeks ago

Is this a new ruling as of today or a repeat?

@PHILLIPJACOB-h3d 5 days ago

The judge is so bias it help Karen as much as Kerry Roberts non stop lieing.

@Pete-w7n 2 weeks ago

Who is the man at 1:10.? Isn't he a judge? He is wearing glasses and looks like he has the weight of world on his sholders.

@SpectreTheHorseman 2 weeks ago

Spoiler Alert: Motion Denied. Then Overturned. Then, conviently, both Brian Albert and Brian Higgins destroyed their phone 1 day before receiving preservation orders to NOT destroy them. Probably nothing though.