Karen Read’s lawyers ask to see Norfolk DA’s personal emails and texts, sidebar transcripts
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By Frank O'Laughlin
DEDHAM, Mass. — In a flurry of new court filings, Karen Read’s legal team requested that Norfolk District Attorney Michael Morrissey produce all of his personal emails and text messages, asked to see sidebar conversations that occurred during her first murder trial, and questioned the legitimacy of one of the prosecution’s expert witnesses.
Attorneys David Yannetti, Alan Jackson, and Elizabeth Little want to see any communications that Morrissey had with witnesses, court officials, and other judicial staff related to Read’s murder case.
“As ground for this motion, recent reporting, corroborated by documentary evidence, demonstrates that DA Morrissey used his personal email address to communicate ex parte with Stoughton District Court personnel and judges,” the Norfolk Superior Court filing stated.
Read’s case started in Stoughton District Court before it shifted to Norfolk Superior Court in Dedham for her trial, which ended in July with a hung jury.
Read’s lawyers claim the email sent by Morrissey contains an attachment of what appears to be a “text message or iMessage” sent to a member of the prosecution by a witness.
“This email, and presumably a number of other communications that are material and relevant to Ms. Read’s case are in the possession, custody, and control of the Commonwealth,” the filing stated. “Accordingly, Ms. Read respectfully moves this honorable court to order the Commonwealth to produce any and all communications by DA Morrissey.”
When asked about the new filing, Morrissey’s office declined to comment on the matter.
In a separate filing, Read’s lawyers requested relief from an order that impounded a transcript of sidebar conferences that occurred on April 14, 2024. They claim those conversations contain insight into court rulings that are needed before Read’s second trial begins on Jan. 27, 2025.
Karen Read
Karen Read
Karen Read and John O'Keefe
All stand as the jury files out to the courtroom, to start their fifth day of deliberations in the murder trial for Karen Read in Norfolk Superior Court in Dedham, Mass., Monday, July 1, 2024. (Pat Greenhouse/The Boston Globe via AP, Pool) (Pat Greenhouse/AP)
Karen Read jurors tell judge they’ve been unable to reach unanimous verdict Karen Read jurors tell judge they’ve been unable to reach unanimous verdict
Day 3 of jury deliberations finishes without verdict in Karen Read trial Day 3 of jury deliberations finishes without verdict in Karen Read trial
Karen Read awaits the juries verdict in her murder case at Norfolk Superior Court in Dedham, Mass., Wednesday June 26, 2024. (Greg Derr/The Patriot Ledger via AP) (Greg Derr/AP)
Closing arguments in Karen Read trial
Defense attorneys in Karen Read murder trial argue with judge over jury verdict slip Defense attorneys in Karen Read murder trial argue with judge over jury verdict slip
Karen Read murder trial
Streets lined with Karen Read supporters as her fate rests in hands of the jury
Streets lined with Karen Read supporters as her fate rests in hands of the jury
Norfolk Superior Court Dedham Some witnesses are in the courtroom on Tuesday include Brian Albert, Colin Albert, and Jennifer McCabe.
Karen Read
Karen Read Karen Read
Karen Read trial Karen Read, center right, is seated Monday, June 10, 2024, in Norfolk Super Court, in Dedham, Mass., during her trial on charges in connection with the 2022 death of her boyfriend, Boston police Officer John O'Keefe. (Kayla Bartkowski/The Boston Globe via AP, Pool) (Kayla Bartkowski/(Kayla Bartkowski/The Boston Globe via AP, Pool))
Karen Read trial Karen Read is seated Monday, June 10, 2024, in Norfolk Super Court, in Dedham, Mass., during her trial on charges in connection with the 2022 death of her boyfriend, Boston police Officer John O'Keefe. (Kayla Bartkowski/The Boston Globe via AP, Pool) (Kayla Bartkowski/(Kayla Bartkowski/The Boston Globe via AP, Pool))
Karen Read trial
Karen Read, John O'Keefe
Karen Read murder trial
Karen Read Karen Read
Karen Read
Karen Read
Karen Read murder trial
Karen Read murder trial Karen Read smiles after listening to her attorney Alan Jackson during her trial at Norfolk County Superior Court, Friday, May 17, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (AP Photo/Charles Krupa, Pool) (Charles Krupa/AP)
Karen Read
Karen Read
Karen Read Karen Read
Karen Read Karen Read
Karen Read
Karen Read and Officer O'Keefe
Karen Read murder trial
Karen Read Karen Read sits with her legal team team in court Thursday, May 2, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool) (David McGlynn/Karen Read sits with her legal team team in court Thursday, May 2, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool))
Karen Read Karen Read sits with her legal team team in court, Thursday, May 2, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool) (David McGlynn/Karen Read sits with her legal team team in court, Thursday, May 2, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool))
Karen Read trial Day 1
Karen Read opening statements begin
Karen Read
Karen Read
“Without the ability to review the transcripts of those sidebar conferences, and the rationale for the court’s rulings, Ms. Read will be unable to properly prepare for trial,” the filing stated.
The court had ordered all sidebar conferences be impounded before the start of Read’s trial.
In a third filing, Read’s lawyers pushed back on Shanon Burgess, the prosecution’s expert who examined Read’s Lexus SUV.
“In his analysis, Mr. Burgess misstates the memory story capacity of the chips in question, by failing to account for the differences between a megabyte, megabit, gigabyte, and gigabit,” the filing stated. “Conversion between and among these units is a foundational digital forensics concept, which necessarily impacts data acquisition protocols and analyses thereof.”
Earlier this week, Read’s attorneys appeared before a Massachusetts Supreme Judicial Court judge in Boston in their bid to get her second-degree murder charge dismissed.
Double jeopardy is a legal protection that prohibits anyone from being prosecuted twice for the same crime.
Read is accused of killing O’Keefe, her Boston police officer boyfriend, by striking him with her SUV and leaving him in a snowstorm in Canton in January 2022.
Morrissey’s office opposes Read’s bid to get the charges dropped and argues that Superior Court Judge Beverly Cannone was correct when she ruled all of Read’s charges should remain for her retrial.