DEDHAM, Mass. — Lawyers for Karen Read want phone records from people they claim helped frame her for murder.
An assistant district attorney said the request was based on inaccurate conclusions “injected with hyperbole.”
Read is charged with 2nd-degree murder for the death of her boyfriend, Boston Police Officer John O’Keefe, in Canton. She’s accused of running over him in reverse and leaving him to die in a January 2022 snowstorm.
Defense attorney David Yannetti said a separate federal investigation of the events surrounding O’Keefe’s death found phone calls made by state prosecution witnesses that were not previously disclosed to police.
Yannetti is seeking phone records from retired Boston Police Officer Brian Albert. O’Keefe was found on Albert’s front lawn hours after Albert hosted a gathering that O’Keefe was invited to. The defense has claimed O’Keefe was beaten up inside the home and dragged outside. According to the prosecution, Read struck O’Keefe with her Lexus SUV when she dropped him off there and he never entered the home.
Yannetti said the federal investigation found Brian Albert and Brian Higgins, an ATF agent who attended the gathering spoke by phone at 2:22 a.m., about 3 and a half hours before O’Keefe’s body was discovered.
“We learned that neither party to that call ever revealed to police, investigators, or prosecutors that they connected by phone in those early morning hours,” Yannetti said. “When he was first confronted, Brian Higgins first tried to claim that it had to have been a butt dial. That term butt dial is used by many of the Commonwealth’s witnesses to explain the many calls between them.”
Greg Henning, an attorney for Brian Albert, said Albert does not object to releasing his phone records because he has nothing to hide. Henning revealed that he spoke with the US Attorney’s Office for Massachusetts and was given permission to tell the court that Brian Albert is not the target of the federal investigation.
An attorney for Brian Higgins said federal authorities were not targeting him either. Higgins is fighting the request for his phone records on privacy grounds.
“He received a Congressional Medal for saving the life of a fellow ATF task force officer after being shot five times in Somerville, Massachusetts. He has served our military in Iraq,” Higgin’s attorney William Connolly said.
The Norfolk DA’s office is also opposing the records request. Assistant District Attorney Adam Lally called it the epitome of a fishing expedition. Lally said the defense’s interpretation of the federal findings is, “directly contradicted by the testimony and the evidence contained within the federal materials.”
Judge Cannone did not immediately rule on the request. The defense is expected to argue their 3rd motion to dismiss the case on Tuesday.
Watch the full hearing below:
WATCH LIVE: Karen Read, woman charged in murder of police officer boyfriend, back in court.WATCH LIVE: Karen Read, woman charged in murder of police officer boyfriend, returns to court.
Posted by Boston 25 News on Wednesday, March 20, 2024
COURT UPDATES FROM BOSTON 25′S TED DANIEL:
Defense will file an additional motion today and ada says he filed one as well. Judge bringing everyone back Tuesday
— Ted Daniel (@TedDanielnews) March 20, 2024
Yannetti bringing up then Canton Police Chief found taillight evidence on February 4th after multiple sweeps of the scene
— Ted Daniel (@TedDanielnews) March 20, 2024
Yannetti says then Canton Police Chief Ken Berkowitz was in communication with Brian Higgins and Brian Albert in the hours after O'Keefe's body being found
— Ted Daniel (@TedDanielnews) March 20, 2024
Attorney for Canton Police Officer Kevin Albert objecting to request for his phone records saying he has nothing to do with a cover up alleged by defense
— Ted Daniel (@TedDanielnews) March 20, 2024
ATF agent Brian Higgins is NOT a target of the federal investigation. His attorney says the feds revealed that to him recently.
— Ted Daniel (@TedDanielnews) March 20, 2024
Atty Henning says the Feds told him Brian Albert and his family are NOT targets of their fed investigation and Brian Albert will turn over his phone records, because Henning says, "he has nothing to hide"
— Ted Daniel (@TedDanielnews) March 20, 2024
Atty Henning says its difficult to argue for his his client Brian Albert b/c he doesnt have access to federal findings.
— Ted Daniel (@TedDanielnews) March 20, 2024
An attorney for Trooper Proctor does not object to defense seeking records from Mass State Police internal affairs unit. MSP has said they are looking to see if he violated department policy. Judge approves it
— Ted Daniel (@TedDanielnews) March 20, 2024
Brian Albert's attorney Greg Henning says the motion for BA's phone records is impounded and he hasn't even seen the order
— Ted Daniel (@TedDanielnews) March 20, 2024
Lally calls its the very epitome of fishing objection
— Ted Daniel (@TedDanielnews) March 20, 2024
Lally says ppl defense wants records from were friends before this investigation.
— Ted Daniel (@TedDanielnews) March 20, 2024
ADA Lally says defense argument for records is injected with hyperbole and conjecture and directly contradicted by federal findings
— Ted Daniel (@TedDanielnews) March 20, 2024
Yannetti also requesting phone records from former Canton Police Chief Ken Berkowitz
— Ted Daniel (@TedDanielnews) March 20, 2024
Yannetti says phone records are relevant to the defense argument that there is a conspiracy
— Ted Daniel (@TedDanielnews) March 20, 2024
Yannetti wants phone records from Brian Albert and Brian Higgins and Kevin Albert
— Ted Daniel (@TedDanielnews) March 20, 2024
Yannetti says Brian Albert was concerned that everyone got a subpoena from the feds except for Higgins.
— Ted Daniel (@TedDanielnews) March 20, 2024
Brian Higgins stopped responding to Brian Albert calls according to Yannetti from federal grand jury findings. Yannetti says Brian Albert then called Canton Police Officer Kevin Albert
— Ted Daniel (@TedDanielnews) March 20, 2024
An attorney for Trooper does not object to defense seeking records from Mass State Police internal affairs unit. MSP has said they are looking to see if violated department policy. Judge approves it
— Ted Daniel (@TedDanielnews) March 20, 2024
David Yannetti and his sister, attorney Tanis Yannetti are sitting next to Read. Tanis was recently added to the defense. It appears Alan Jackson is joining via video. He's based in LA https://t.co/IPMCAa8COH
— Ted Daniel (@TedDanielnews) March 20, 2024
PREVIOUS STORY:
Karen Read, the woman charged in the death of her Boston police officer boyfriend, is appearing in court Wednesday for another hearing in her murder case.
Read, of Mansfield, returns to Norfolk Superior Court at 2 p.m. for a hearing on all Rule 17 motions seeking phone records from several current and former members of law enforcement, as well as records from the Massachusetts State Police Internal Affairs Unit.
Read’s legal team filed the motions last week and requested that they be impounded.
You can watch the hearing LIVE on Boston25News.com and in the Boston 25 News app.
Today also marks the deadline for all pretrial, non-evidentiary motions to be filed.
When Read last appeared in court on March 12, her attorney, Alan Jackson, presented a motion to dismiss the second-degree murder case.
Read is accused of running down Boston Police Officer John O’Keefe in reverse with her Lexus SUV in Canton and leaving him to die in a blizzard in 2022 but an accident reconstructionist hired by the FBI found O’Keefe’s injuries did not appear to be from a car strike.
“The damage on the car was inconsistent with having made contact with John O’Keefe’s body. In other words, the car didn’t hit him, and he wasn’t hit by the car. Period. Full stop,” Jackson told the court.
Jackson revealed that and other findings from 3,074 pages of documents the U.S. Attorney’s Office for Massachusetts turned over last month from the federal probe of Read’s arrest and prosecution.
He told Judge Beverly Cannone that the federal investigation found inconsistencies and conflicts that should lead to the dismissal of her second-degree murder case.
The defense claims O’Keefe was beaten and attacked by a dog inside the former Canton home of another Boston police officer named Brian Albert in a wide-ranging cover-up involving local and state law enforcement.
Jackson said Massachusetts State Police Detective Michael Proctor, the lead detective assigned to investigate O’Keefe’s death, had a personal relationship with members of the Albert family that was not disclosed to the state grand jury that indicted Read.
The Massachusetts State Police Internal Affairs Unit later confirmed to Boston 25 News that it was investigating Proctor for a potential violation of department policy in connection with the Read case.
State police last week told 25 Investigates that Trooper Proctor remains on full active duty amid the investigation.
An attorney for Proctor said he is cooperating fully with the investigation and “remains steadfast in the integrity of the work he performed investigating the death of Mr. John O’Keefe.”
In late February, Judge Beverly Cannone agreed to push back Read’s murder trial from March 12 to April 16.
Read is due in court at 2 p.m.
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