Canton Coverup Part 483: Karen Read’s Motion To Dismiss Is Much Stronger Than Previous MTD Due To Withheld Canton Police Video Evidence Showing Identity Of Mystery Man Around Taillight With Michael Proctor
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Karen Read’s motion to dismiss for her second trial is a lot stronger than her motion to dismiss in her first trial. Her first MTD mainly focused on not alerting grand jurors to the close relationship Michael Lank and Michael Proctor had with the McAlberts. It didn’t focus on evidence that was withheld from the defense, which is a lot easier to prove had an effect on the trial. Although the MTD filed by the defense for second trial is likely to be dismissed by Judge Cannone, it’s a lot stronger than her first MTD.
The MTD focuses on three main things:
- Withheld video from Canton Police Department showing Karen Read’s car arriving and being processed.
- Jennifer McCabe not disclosing that she was at Michael Lank’s house for an hour the day after John O’Keefe was killed.
- Allegations of jury tampering, which are largely redacted, but we know from previous reporting revolves around Lt. John Fanning’s overseeing of the jury.
On February 2, 2022 at Read’s arraignment, Adam Lally promised to hand over all video from local police departments, and all notes from investigating officers.
In October of 2022 the court allowed a defense motion to compel discovery of crime scene video and photographs, complete with metadata, that had a connection to the case.
Yet they withheld several exculpatory videos from the defense, and are continuing to give them more and more video in bits and pieces up to this day. They did not receive any CPD video until April 4, 2024, which meant they couldn’t include any of it in their first MTD.
When they got this video there was 42 minutes missing, including the most important part – when the car arrived at CPD. The defense alleges that the taillight was broken inside the CPD garage, so it was critical that they be able to see what the taillight looked like when it arrived, and who, if anyone, came in contact with her right rear taillight.
On April 10, 2024 Lally provided a certificate of compliance, certifying that he had given the defense all the discovery requested.
But since then more and more video has been provided, so either police didn’t give it to Lally, or he withheld it. Either way, this should make him a witness for the second trial, and should disqualify him as a prosecutor.
The MTD points out how the CPD video, produced by the Commonwealth on April 23, 2024, was inverted when shown to the jury, despite being called a fair and accurate representation of the garage by Trooper Bukkake.
More video was provided on October 10 showing Brian Higgins on his phone at CPD at 1:34 AM – something he failed to disclose at trial or in front of two grand juries.
On January 28, 2025 CPD provided new video surveillance from outside the CPD Sallyport garage, and unlike the interior garage video it was the right angle to show Read’s right read taillight. Of course this video was too blurry to see the condition of the taillight or the identity of the person approaching her taillight and then quickly walking out.
Surveillance video shows Karen Read’s car arriving at CPD at 5:31 on a flatbed.
The inverted video shows the car entering the garage at 5:36.
Immediately upon entering Bukkake gets out of the driver’s seat and goes to take pictures of the front of the car. Proctor immediately goes to the back of the car and is seen near the right rear taillight, which the jurors thought was the left read taillight due to the fact that it was inverted.
At the 5:37:38 mark the video jumps ahead 20 seconds, which means 20 seconds of footage was missing. As soon as the video begins again at 5:37:57 you see a mysterious man, who appears to be a ghost, leaving the area of the right rear taillight.
This person was NOT in the video before the 20 second jump.
Seconds after the unknown man leaves you can see Proctor following him.
Proctor reappears a minute later at 5:39:00.
It takes about 4 minutes to get from CPD to Brian Albert’s house, which means the mystery man with Proctor at the taillight could be there by 5:41.
For this mystery man not to attract suspicion he would have to be State or Canton Police.
The SERT team was assembled by 5:20, and a Trooper had turned his spotlights on the area they would search.
Yet they waited.
According to an alert from Sgt. Simpson, SERT team members were assembled outside the house by 5:33 and were ready to start digging, but Brian Tully hadn’t given them the green light yet.
According to Lt. O’Hara they got the green light to begin searching at about 5:41 – 5 minutes after Read’s car arrived at CPD. However, Lt. Tully testified that when the search began Read’s car was still on its way to CPD.
That is a complete lie. At 5:41 the car had been inside the garage for 5 minutes, and the mystery ghost man had come and gone.
The outside video that was given to the defense on January 28, 2025 which was too blurry to use, would’ve shown the identity of the mystery ghost man and the condition of the taillight when the car arrived.
Lt. O’Hara testified that there 3 people dressed in plain clothes on the SERT team who he didn’t recognize. He knew them to be Canton Police detectives or patrolmen.
Kevin Albert is a Canton Police Detective, he would have access to CPD surveillance video, he would have been protected by Chief Rafferty, he is drinking and crossfit buddies with Michael Proctor, and it would not be suspicious if he were inside the CPD Sallyport garage. Lt. O’Hara couldn’t say who found the four pieces of taillight and the missing shoe that the Canton Police Department didn’t find in broad daylight 11 hours earlier when there was less than 3 inches of snow on the ground, and to this day we do not know the identities of the 3 members of the SERT team, particularly the person who “found” all this taillight.
Lt. O’Hara offered to come back with the SERT team the next day to continue the search after it had stopped snowing and there was daylight visibility.
Brian Tully never took him up on his offer, and instead instructed his officers to drive by 34 Fairview Road on their commute into work and see if any taillight revealed itself. Luckily the other 41 pieces they found over the next 3 weeks remained there, but Proctor didn’t take a picture of any of them.
I’ll be getting into the other allegations in the MTD in a different article, but the Rule 14 Brady violations are much stronger. You don’t have to prove there was a conspiracy to get this case dismissed. You just have to prove that evidence was withheld, which it clearly was.
Hank Brennan inherited this case, so he is not responsible for all the corruption that came before him. But if he had an ethical bone in his body he would drop the charges against Karen Read because clearly the people before him lied and covered up evidence, and as an experienced defense attorney he knows that this is grounds for dismissal.
