Karen Read prosecutors ask judge to deny motion to dismiss case
Prosecutors are asking Judge Beverly Cannone to deny Karen Read's motion to dismiss her case ahead of her April 1 trial.
In a 147-page motion (with exhibits) filed Wednesday, Read's attorneys asked the judge to dismiss her case for "extraordinary governmental misconduct," alleging that prosecutors intentionally manipulated video evidence and tampered with the jury in Read's first case.
Canton police surveillance video
In their motion to dismiss, defense attorneys alleged that prosecutors altered or "inverted" certain surveillance video showing Read's car at the Canton police station in a "deliberate attempt to defraud the jury into believing that no one approached or touched the right rear tail light," contrary to defense's theory that Trooper Michael Proctor manipulated Read's tail light and planted evidence at the scene.
To rebut this, prosecutors say in their motion that they made all video available to the defense team as they received it, and that for several pieces of video, they "had not been alerted to its existence by investigating officers."
Prosecutors say the Canton Police Department's sallyport camera has since been replaced due to its defective condition, which they say is responsible for poor quality video.
In addition, prosecutors claim the so-called "inverted" sallyport video was inverted due to its camera settings, not any manipulation.
"Prosecutors dispute Karen Read's assertion that the status of her tail light while in the custody of Canton Police is 'the most critical and highly contested issue in this case,'" the motion reads.
"The Canton Police Department is not the alleged crime scene," it says. "The Commonwealth cannot reasonably have anticipated the defenses ever evolving, third party culprit claims."
Jen McCabe goes to Michael Lank's house
It was revealed at Ms. Read's first trial that witness Jennifer McCabe made a visit to Canton police officer Michael Lank's house the day after John O'Keefe's death. McCabe said she was dropping off a friend's daughter and didn't go into the house other than to use the bathroom - an allegation defense attorneys dispute, and argued in their motion to dismiss.
In response, prosecutors say Judge Cannone offered attorney Alan Jackson to opportunity to call McCabe back as a witness, which he declined to do.
Alleged Karen Read jury tampering
Perhaps the newest claim in the defense's motion to dismiss - a claim never made in court documents prior - was an allegation of jury tampering. The defense motion was so heavily redacted that no details were available, but the Commonwealth's response reveals a bit more about the allegations.
Defense attorneys appear to allege that Massachusetts State Police Detective John Fanning was in charge of the jury during the trial and improperly interfered with jurors, a claim prosecutors dispute.
"The defendant's claim that a Lieutenant of the Massachusetts State Police was 'in charge of jury security' is patently false," it reads. "At no time did Lieutenant John Fanning have contact with nor control or influence over the trial jury nor was there 'jury tampering that deprived Ms. Read of her constitutional right to a fair trial.'"
Lt. Fanning was "one of the commanding officers who was involved in the safety and peace keeping efforts outside the courthouse," the motion read.
"At no time did Lt. Fanning enter the Norfolk Superior Courthouse during the defendant's trial," it says. "Moreover, he never saw, let alone spoke to any member of the jury."
What's next in the Karen Read case?
This motion is set to be argued on Tuesday, March 4. However, defense attorneys have asked the court for a delay in scheduling, as they say they expect to receive chain of custody logs and even more surveillance video from prosecutors which could impact their motion.
Prosecutors opposed the schedule change, saying they'll be prepared to argue on March 4.
