Canton Coverup Part 445: Turtleboy Defense Team Files Rule 17 Motion For Michael Morrissey’s Private Email Account Used For Ex Parte Communications With Judges

 

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The Turtleboy legal defense team has filed a Rule 17 motion in Norfolk Superior Court asking for access to Michael Morrissey’s private email account that he used to communicated with judges ex parte about Turtleboy’s activism on September 29, 2023.

AK discovery and r 17 motion for MM

As discussed in Part 3 of the Bederow Letters, we discovered through a whistle blower that Morrissey used a personal iCloud email account to communicate with several judges on 9/29/23, including Stoughton District Court Judge Daniel O’Malley, who denied a harassment prevention order for Chris Albert against me the day before (9/28/23). He wrote the email after Jennifer McCabe contacted someone in law enforcement (unknown who) and demanded that the Stoughton District Court employee who sent me a copy of Albert’s public after David (and her after David from early June) be identified. Morrissey did as he was told by McCabe and gave the name of a woman he suspected was the employee they were looking for. Two weeks later I was arrested and Judge O’Malley issued 8 stay away orders preventing me from coming within 500 feet of witnesses, including Chris Albert and Jennifer McCabe.

Morrissey is not allowed to use a private email account to conduct government business. He knows that public records laws allow the public to read communications between public officials on matters of public concern. But he didn’t want the public to know that he was directing several judges to punish me for my journalism in regard to the Karen Read case, which is why he used a private email account.

In the motion we demand all emails or text messages associated with Morrissey’s iCloud account.

We agree to have a special master go through his account and pull out any discoverable communications, including emails he sent to witnesses, alleged victims, and law enforcement. We also want any emails he sent about me personally. Morrissey cannot be trusted to turn over this information on his own.

As Attorney Tim Bradl pointed out, the whole purpose of using the private email account was to evade public records requests. This was a scheme to avoid handing over discoverable evidence, including communications with the same judge who arraigned me 13 days after receiving the email from Bradl.

The Lampron case has set the standard for Rule 17 motions, and the hardest obstacle to overcome is the fourth provision, which states that applications must not be a “fishing expedition.”

We can’t just ask for everyone’s phones without having a good faith basis to believe that there is exculpatory evidence within those phones. But since we have evidence that Morrissey has used this account to secretly conduct ex parte communications with judges in my case, we have met that requirement.

This motion will be argued in Norfolk Superior Court on December 2. All are welcomed to attend.