"Classic retaliation against witnesses": McCabes, Alberts ask federal judge to dismiss Karen Read lawsuit
In the first in person hearing in federal court for a lawsuit filed by Karen Read back in November, members of the McCabe and Albert families asked a judge to throw out parts of the case.
Jen McCabe, Matt McCabe, Brian Albert, Nicole Albert, and Chris Albert – who were all witnesses who testified against Karen Read at her criminal trial – showed up in person to Boston's federal courthouse to ask for the case to be dismissed. Brian Higgins was not in attendance but is also a named defendant who is asking for the case to be dismissed.
Read, who was not present at the hearing, filed the suit against three state police officers – Yuriy Bukhenik, Michael Proctor, and Brian Tully – and the McCabes, Alberts, and Higgins, alleging violations of her civil rights and a conspiracy to frame her for the murder of John O'Keefe.
"[They] framed Karen Read and exonerated themselves," lawyer Charles Waters, who represents Read, told the judge.
James Tuxbury, a lawyer for the McCabes, Alberts, and Brian Higgins, called this "classic retaliation against witnesses" and said Read was suing over an alleged "game of telephone conspiracy" in which Read alleges that the witnesses inside the house conspired with police to frame her.
"We thought the hearing went really well today," Tuxbury told reporters outside court. "We thought the judge asked all the right questions, and we really look forward to the decision."
The judge said she'd rule on the request in the future.
A lawyer for state police Lieutenant Brian Tully also asked the judge to dismiss the case against his client, though Tully was not physically present. Timothy Burke, Tully's lawyer, told the court his client shouldn't be punished legally for the actions of fired state trooper Michael Proctor just because he was his supervisor. "As soon as Lt. Tully learned about [Proctor's] obviously inappropriate texts, he reported it," Burke told WBZ.
State Police Sgt. Yuriy Bukhenik attended the hearing, even though he had no immediate stake in its outcome. "[Read] wasn't framed," his lawyer, Leonard Kesten, told WBZ.
"The conspiracy theory pushed by her side is preposterous," he added. "You would have to believe that John O'Keefe's friends knocked him out, injured him severely, and instead of treating him decided to murder him. And to deflect the tension from themselves, they put the body on their front lawn."
This is one of four ongoing civil lawsuits involving Karen Read. It is the only one in federal court. Read has also sued Canton Police and State Police in state court, and she is a defendant in a wrongful death case and defamation case filed against her in Plymouth.
