Judge scolds attorneys in Karen Read civil case during hearing: "Stop pandering to social media"

The judge in the wrongful death lawsuit against Karen Read urged attorneys to "stop pandering to social media" while scolding both sides for how they are handling the planned deposition of Colin Albert.

Wednesday's hearing was held in Plymouth Superior Court.

Latest Karen Read hearing

In the still pending civil case in which the family of John O'Keefe is suing Karen Read for wrongful death, Read's attorneys filed a motion to compel deposition from Albert. 

Judge Mark Gildea began Wednesday's hearing by telling Read's attorney that one of their motions was "replete with arguments presented as facts" and told attorneys from both sides that they need to change how they argue the case.

"There's a lot more background in these submissions than I really need to decide these issues," Gildea said. "So I'm going to ask all of you, in the pleadings that you file, at least with me, just write what I need to know in order to decide the issue and stop pandering to social media."

Read's attorney Aaron Rosenberg told the judge, "We're not pandering to anyone and we don't intend to."

"I don't think facts, or claimed facts like that, are really relevant. They're nothing but attempts to sensationalize certain things," Gildea responded.

The judge also took issue with how Read's attorneys handled subpoenaing Albert. Albert was notified on February 11 that attorneys planned for him to be deposed on April 29. A subpoena wasn't issued until April 15, and it was not served for another six days.

Rosenberg called it an oversight and said "there were a lot of moving pieces."

"It's hard to envision that it was an oversight that the deposition of a non-party, deposition subpoena doesn't go out until shortly before the deposition and two months after the notice of deposition," Gildea responded.

Colin Albert's deposition

The judge also took issue with Albert's attorney James Tuxbury when he said that Colin Albert won't be available until the fall because he joined the Army and is attending basic training.

"Not going to happen," Gildea said. "It's not a matter of figuring it out. It's a matter of you saying to him there's a duly issued subpoena ... A subpoena needs to mean something."

Tuxbury said he is only able to speak to Albert one hour per week during basic training, but he will attempt to find out Saturday when he could be available for deposition.

"Let just make it clear. We're not waiting until the fall. Discovery ends in this case on August 17. So you've got to go find out when he can get back up here and be deposed," Gildea said.

Who is Colin Albert?

During Read's two high-profile criminal trials, her defense attorneys attempted to show that Albert was one of the people responsible for the death of O'Keefe, a former Boston police officer who was dating Read at the time.   

Read's lawyers claimed Albert and two other men could have been involved in a fight with O'Keefe inside the Canton home where his body was later found outside in the snow.

Albert took the stand during the first trial and was questioned about photos of him with bloody knuckles after O'Keefe's death and past videos that showed him threatening violence.

In the retrial, Judge Beverly Cannone ruled that the defense could not use Albert as part of its third-party culprit defense. He never took the stand during the second trial.

Karen Read's probation ends

Thursday marks one year since Read was acquitted of all charges in her criminal case except operating under the influence.

She was sentenced to one year of probation, which officially ended on Thursday.

Read was in the courtroom for Wednesday's hearing. Albert was not, though his father, Chris Albert, and Jen McCabe, a key witness in both trials, were present.