Canton Coverup Part 529: “Do Something” – Mega Motion To Dismiss Breaks Down How Ken Mello, Kate Peter, Jen McCabe, Michael Morrissey, Brian Tully Conspired To Indict Turtleboy For Witness Intimidation

 

Our 88 page motion to dismiss is a lot to unravel, and although I went over it in detail on the Live Show Wedensday night, I wanted to put it all in writing as well. The motion is remarkable because it creates a timeline showing how the Commonwealth took 6 months to doctor up these phony charges, the pressure that Jennifer McCabe and other witnesses put on them to do so, their involvement with Kate Peter, and their intentional deception of the grand jury that indicted me.

Jennifer McCabe and Brian Albert had gone to great lengths to make sure that they were not tied to the death of John O’Keefe. Albert’s name was never listed in any media coverage, which Police Chief Ken Berkowitz made sure of. Their group chat messages show how upset they were that Albert’s house kept being shown on TV.

On February 1 Jen McCabe Googled “John O’Keefe” after finding out that Karen Read had been arrested, to see if her name was mentioned in any reports. On February 2, 2022 Jen McCabe attended Read’s arraignment and wore a winter hat with a pom pom and a mask because she knew it would be televised. Her name was mentioned several times by Adam Lally in the charging documents, and as soon as the hearing was over she immediately texted her daughter Allie something, which we had to redact.

But the juiciest thing we had to redact was what Kerry Roberts and Jennifer McCabe texted each other after Karen’s arraignment, despite their alleged concern over being mentioned in media coverage.

Jennifer McCabe, Colin Albert, Brian Albert, and several others, were visited by the FBI for the first time on April 10, 2023. Fourteen months prior to that they had begun their coverup of John O’Keefe’s murder by pinning it on Karen Read, and up until that point it appeared as if they had gotten away with it. April 10 must’ve been a terrifying day for them.

Then things got worst on April 12 when Alan Jackson filed a 94 page affidavit, putting in a public court filing for the first time that Jennifer McCabe Googled “hos long to die in cold” at 2:27 AM, and that John O’Keefe was beaten up inside Brian Albert’s house, attacked by a dog, and placed on the lawn to die in in a blizzard. The McAlberts had tried their best to keep their names out of media coverage on the O’Keefe case, and had Googled themselves in the days leading up to Karen’s arrest to make sure their names weren’t in the media. But after April 12 their names were available for any media organization to expose.

Luckily for them it never took off. From April 12 to April 17 all the new filing got was a small blurb on NBC 10 and a couple other local media outlets. No one was really talking about it. The media they feared turned out to be harmless.

 

Then came D-Day for the McAlberts and their protectors in the Norfolk County DA’s Office on April 18, 2023, as I published Part 1 of the Canton Cover-up series. The article got half a million page views, and the Live Show coverage of the story attracted tens of thousands of viewers who didn’t read the court filing from April 12 until I reported on it. For the first time Jennifer McCabe, Colin Albert, Brian Higgins, Brian Albert, Michael Proctor, and others had not only their names all over the Internet, but their pictures as well. Imagine the anxiety they felt going out in public, not knowing who knew about the dirty, evil secret they had spent 14 months hiding.

Jennifer McCabe was a master manipulator from the beginning, poisoning the minds of the O’Keefe’s, the Canton Police, first responders, the State Police, and the Norfolk County DA’s Office. She had worked so hard to convince them that Karen Read was acting crazy, and was the real killer of her boyfriend. And she was good at it. For 14 months no one knew about what she had done, but that ended up on April 18, 2023.

But Jen isn’t one to go quietly without a fight. Two days after the article was published she was very concerned about the effect it was having on public opinion. This motivated her to do something, which we were forced to redact due to the protective order that prevents us from publishing communications between government officials and witnesses in the Read case. However, in response to whatever she said, the DA’s Office issued a public statement hours later saying they would disprove the 2:27 AM Google search, which was the primary piece of evidence the public was using to accuse her of being complicit in OJO’s murder.

This was the press release sent out hours after Jennifer McCabe’s redacted comments:

“While prosecutors are ethically constrained in the statements that can be made outside the courtroom, the Norfolk District Attorney’s Office is in receipt of the motion filed last week and it is our expectation to have a detailed response to the court May 3 that refutes the assertions in that motion,” Traub said in an email.

Traub, the spokesperson for the Norfolk District Attorney’s office, initially said it’s unclear whether Read’s team interpreted the cellphone “raw data correctly.”

Jennifer McCabe tells the DA’s Office to jump and they ask how high. They do this because she was their most important witness, and protecting her credibility was essential in convicting Karen Read. More than anyone, it was her annoyance and persistence that was responsible for the charges eventually being placed on me.

There’s one problem though – no one from the DA’s Office had spoken to Jessica Hyde or Ian Whiffin by April 20, 2023. Brian Tully contacted Hyde for the first time on May 5, and Hyde’s initial belief was that the defense hadn’t converted the Google time from UTC to Boston time. She was already trying to help them out without knowing any of the facts.

Tully then told her in an email what he believed was the reason that the 2:27 AM Google search came up on a Cellebrite report – at 6:24 AM Jen McCabe used an already opened browser that she last used at 2:27 to research her kid’s basketball team. Jessica Hyde then told Tully how much she charged, Morrissey enthusiastically emailed back “Hire her!!” and coincidentally Hyde ended up testifying nearly verbatim to what Tully’s suggestion for the time stamp was. She would say whatever they paid her to say.

Either way, there was no reason for the DA’s Office to have any confidence on April 20 that the Google search would be debunked by an expert. They put out that press release to protect Jennifer McCabe’s reputation after she complained to them.

It’s important to point out that Jennifer McCave didn’t complain to the DA at all from April 12-17, despite the fact that she had been accused of the Google search in court fillings. It wasn’t until I wrote about it that she suddenly decided that they DA needed to “do something.”

 

On May 24, 2023, Jen McCabe and Kerry Roberts sent some sort of message which was redacted due to the protective order.

 

May 24 was the date of a Karen Read hearing in which I confronted these 2 women outside of court and asked Jen why she Googled “hos long to die in cold” at 2:27 AM.

Jen had never missed one of Karen’s court dates prior to that, but didn’t attend another hearing until I was in jail in January of 2024.

A week after Jen sent this redacted messages she went to Stoughton District Court where she unsuccessfully attempted to obtain an order on me, and then asked the Judge if he could “do something so he can’t blog about me.” The judge informed her that there wasn’t anything he could do, because the First Amendment protected my behavior, activism, commentary, and journalism.

“Do something” became the refrain for the McAlberts. The law and the Constitution were not on their side. But the government had all the guns and the power, so surely they could “do something” to shut me up. And they tried LOTS of things that failed every time, until Kate Peter came into the picture in September.

A month later Jennifer McCabe proved that she wasn’t scared or intimidated by me, as she reached out to me on Facebook messenger, sent me a picture of a hairy man in a speedo, and implied that she knew I was vacationing in Cape Cod.

 

Michael Proctor didn’t like the effect that my reporting was having on his reputation either. On July 13, 2023, at the urging of his wife Elizabeth, he also asked his bosses at the State Police to “do something,” and sent them an email with a new pet name for Turtleboy that has to be redacted to protect Proctor’s reputation.

But “something” didn’t happen.

Then on July 16 Morrissey tried to “do something” else by contacting the Attorney General and begged her to charge me with witness intimidation. When she chose not to he emailed her again on July 21, right after I publicly announced the Rolling Rally that would take place the next day, and asked her to “do something” again.

The AGO chose NOT to do something, because they knew that what I was doing wasn’t witness intimidation. The DA’s Office didn’t wanna charge me because they didn’t like the optics of arresting a journalist who was accusing THEM of covering up a murder. Eventually they stopped caring about optics and decided to arrest me anyway after all other avenues to “do something” failed.

On November 9 Judge Krupp issued a scathing ruling against me, saying that my actions were not First Amendment protected. Emboldened by this, Morrissey, who was not supposed to be involved in the prosecution, sent the ruling to the AGO and urged them to “do something.”

A month later in an email to his detectives, Morrissey complained that the AGO had chosen to do nothing.

Two days after the Rolling Rally, and the day before the Karen Read hearing that she didn’t attend, Jennifer McCabe once again tried to get the DA’s office to “do something.” But you can’t know what is due to the protective order.

On August 1 it was Chris Albert’s turn to try to get them to “do something.”

Michael Morrissey tried to get the Feds to “do something” by ending their investigation. They declined to do so on August 3.

The McAlberts and NCDAO were running out of options.

But Jennifer McCabe doesn’t give up easily. On August 9 she once again asked the DA’s Office to “do something,” and she successfully got a meeting with State Police investigators and the DA himself.

The best attempt to “do something” was apparently that Morrissey agreed to give a 5 minute hostage video where he defended the McAlberts, accused Karen Read of being guilty, and demanded the public stop protesting.

That obviously didn’t work, and only prompted more protests, including an hour long one man Turtleboy protest outside of D&E Pizza on August 30, followed by a protest at Morrissey’s annual fundraiser in Quincy.

 

The “do something” plan wasn’t working out as planned. This prompted Michael Proctor to send out a group chat message to Tully, Sgt. Bukhenik, Morrissey, and others, that is redacted due to the protective order.

However, it was stated in open court by Attorney Bradl that on September 3, 2023 Proctor asked “why aren’t we just arresting him?” In other words, they knew that what I was doing wasn’t illegal. If it was illegal they would’ve arrested me right after the rolling rally, and the AGO would’ve charged me at Morrissey’s request.

As Attorney Bederow pointed out, it is Orwellian for the government to weaponize the witness intimidation statute against a man who the AGO already determined had committed no crime, in order to silence his reporting on the same people who would arrest and prosecute him.

We know that when Proctor sent that text message on September 3 there were no plans to charge me. But somehow 3 weeks later Mello was hired. So what changed? It’s unclear on what day the lightbulb went off in their collective heads, and they suddenly decided to use the “emotional harm” provision of the witness intimidation statute to arrest me. But on September 15 it was another bad day for the NCDAO and the McAlberts, as I led a large protest outside of Karen Read’s hearing in Norfolk Superior Court, and inside the courtroom the crowd cheered for Read as she entered.

This was the day when Paul O’Keefe shouted “fuck you asshole” at Nathan Read when he entered court. It was the hearing where I confronted Yuri Bukhenik outside of court (which I was indicted for, and then the charges were dismissed), and the same hearing where I walked the Dugals to their car after court.

September 15, 2023 was a devastating day for the McAlberts and the DA’s Office, because they realized their attempts to silence me had failed. The courthouse belonged to Turtleboy. In the public’s eye, Turtleboy was the good guy, and they were the bad guys. The movement was growing stronger by the day and they were powerless to stop it.

But Jennifer McCabe is not used to not being in control, and she never gives up. She had been mentioned several times by Karen Read’s attorneys that day in open court, and once again did not attend the hearing. Three days later she fired off another redacted “do something” message. She demanded another meeting with the DA to discuss what had happened at the haring on September 15. On September 20 she texted victim witness advocate Steve Nelson, who for the first time had been named and exposed in a Turtleboy article, and he assured her of “something.”

 

It’s unclear what happened at this meeting, but days later on September 26 Ken Mello signed his contract to be the special prosecutor in my case.

Mello was reportedly their 12th or 13th choice, and had never prosecuted a case before. He misspelled “offfice” on his website, and had a long and documented history of unethical lawyering. He would act as Morrissey’s puppet, in an attempt to prove that the DA’s Office had recused itself due to the obvious conflict.

However, the State Police also had a clear conflict, especially since Bukhenik and Proctor were allegedly victims of mine. This didn’t stop either of them from being actively involved in the “investigation” that led to my prosecution.

Meanwhile, I visited Chris Albert’s pizza shop for another protest on September 22.

The police were called and did nothing. Chris Albert must’ve felt powerless in his own town, where he controlled the police department that his brother Kevin served on.

On September 26 I protested and confronted Chris Albert during and after a Board of Selectmen meeting, but this time he spoke with a cocky sense of confidence.

This just so happens to be the same date Mello was hired.

Chris knew that I was going to be arrested and prosecuted, which explains his demeanor.

Feeling confident, Chris went to Stoughton District Court 2 days later to try to get an order on me. When it was denied and I found out about it, Jennifer McCabe became furious, and once again told Morrissey to “do something. He did that on September 29 when he used his burner email account to secretly message the judge in Stoughton District Court and voice his disapproval about what had happened.

I was arrested 2 weeks later at my kids’ bus stop.

So what changed in the month of September to get the DA’s Office to finally arrest me? Two words – Krusty Panties.

It cannot be assumed that Judge Doolin knows who Kate Peter is, so a brief history of her obsession with me was required.

Kate had a long and documented history of forgery and fraud. In 2020 she sent YouTube a forged federal document, which she purported to be a lawsuit she filed in federal court against me, in an attempt to have content removed from my YouTube channel. She ended up getting caught, and later admitted to her crimes in a 2022 interview, in which she justified her behavior because she hated me.

This is far from the only time she lied in an attempt to harm me.

Ms. Peter has been obsessed with me for years, but the obsession is one sided. I don’t concern myself with whatever she talks about on her channel, I don’t attempt to meddle in her personal life, I don’t contact her partner on his work email and CC his boss like she did, I don’t create burner phone numbers to harass her, I don’t stalk and harass her romantic love interests like she did with me, I don’t seek out and post revenge porn of her, I don’t try to befriend every single person who has a falling out with her like she does with me, I don’t have my children contact her and threaten to harm her children like she had her daughter do, and I don’t show up at her house and leave deranged notes on her door step like she did on mine on the day of the Rolling Rally.

After breaking the Karen Read story she was the last thing on my mind. Kate was part of my past, and the future was bright as I was uncovering the story of the century in Canton. But Kate couldn’t let go of me. Without me her life has no purpose. She HAD to involve herself in the story somehow, but instead of attempting to prove I was wrong about the facts of the case she decided to create a fake email account called Mia Rose and send me an intentionally false “tip” that Colin Albert sold drugs out of his father’s pizza shop. Her hope was that I would report this lie and cause emotional harm to Chris and Colin Albert. She didn’t care about harming Chris or Colin because they were strangers to her. She just wanted to fuck with me.

 

Unfortunately for her I didn’t fall for it, and although I alerted my audience that I was going to follow up on the fake tip she sent me, I made it clear that there was no evidence to support what she was saying. To further attempt to trick me she created a fake screenshot of what she alleged was her conversation with Colin Albert, attempting to purchase drugs from him.

We know it was her who sent the false tip because she bragged about it on one of her streams (13:20 mark) and explained why she damaged Chris and Colin Albert.

 

Kate went on to threaten me in that stream, stating that I should “fear her” and issued a “call to arms” to her “troll” followers, to send me false information.

 

As a result of her lie many people, including former DEA agent Sean McDonough, began to defame Colin Albert as a rug dealer. Her lie DID in fact cause emotional harm to Chris and Colin Albert, which Chris detailed in his August 1 text message referenced above.

 

Despite knowing all of this, Tully and Mello ended up relying on Ms. Peter as their primary source of information into their investigation of me.

Remember – by early September they had no plan to arrest me. Michal Proctor was upset about it and really wanted to do it himself. But they didn’t have a plan. This is where Kate Peter came in.

Ms. Peter started out by trolling me, but by July she was attempting to win over the McAlberts, and prove to them that she could be THEIR Turtleboy. She started a Facebook support group for the McCabes, Alberts, and O’Keefes, where she bragged about going to my house, and offered to help them find a free lawyer to sue me.

But she didn’t start working directly with police until September. On 9/13 she tweeted about me allegedly wiretapping Steve Scanlon, which she bragged about sending to the State Police. The evidence shows that she emailed an edited version of this recording to Tully an hour after her tweet, which ended up being played in front of the grand jury. However, the audio, which we did not receive in discovery until just last month, has the first 1:09 edited out, and the original has been deleted by Ms. Peter.

 

The Scanlon audio is what got the State Police to start trusting and using her as a de facto private investigator. On September 27, the day after Mello was hired, she began emailing Bukkake documents that have not been provided to the defense. Bukkake wasn’t a passive recipient though. He praised and thanked her for her work.

KP and Bukkake quickly were on a first name basis and began emailing more. On September 29, when Bukkake knew that I would be arrested, he emailed KP. Right after that she tweeted “October 10, he knows the deal” in reference to me being charged. According to State Police transmissions on the morning of my arrest, she was scoping out my kids’ bus stop the day before, and provided this information to State Police so they could plan my arrest on October 11. (1:46 mark)

 

 

Despite knowing her history of fraud, deceit, and her personal obsession with harming me at any cost, Tully, Mello, Bukhenik and others still used her as the primary source of their information to indict me.

 

 

After my arrest, but before my indictment, Kate was in constant communication with Mello and Tully, emailing them links that have since been deleted, which were used against me as evidence in front of the grand jury that indicted me.

 

KP was in the front row at my arraignment and claims that she met with Mello after it was over. Emboldened by her newfound usefulness to police, Kate called me while extremely drunk on February 26, 2024, to tell me that she was the reason I would be going back to jail.

 

There is no possible way a boomer like Ken Mello could watch all of my shows and catalogue all of the out of context clips used against me. But at my arraignment on October 11 he said the correct titles of the episodes where he was getting my quotes from. And he billed the taxpayers for hundreds of hours of “research” watching my shows:

 

So he knew what the correct titles were, but at the grand jury two months later the videos all had much more sinister titles, and only short clips from 2-3 hour episodes were played.

It’s obvious that Kate sent these files in her October and November emails, and has since deleted them. She has admitted to giving the episodes the new names that Mello gave them at the grand jury, but Tully is taking the blame for it. Why? Simple – it’s too embarrassing to admit that he outsourced his work as an investigator to a woman with such a long criminal record and history of obsession with the target of his investigation. Lying and covering up improper investigations is what Tully does best.

The purpose of all of this was to deceive the grand jury. If the case against me was so strong, and if it was the content of what I said on the streams that was criminal, then there was no reason to rename the episodes for the grand jury. But they’re clearly lying about Kate Peter’s involvement, because on January 3, 2024 (while I was in jail), she emailed Tully and Mello, and Mello emailed them something back that is redacted.

 

Big picture here is that the grand jury that indicted me was intentionally deceived and prejudiced by Ken Mello and Brian Tully. This is grounds for dismissal of all indictments. These problems include:

1. The entire first day of grand jury testimony featured only Steve Scanlon and Brian Tully. They presented a doctored audio given to them by Kate Peter, which had 1:09 missing from it. They read the wiretapping statute to the jury and said I could get 5 years in jail if convicted of it. Yet they didn’t even try to indict me for wiretapping. This is like trying to indict someone for selling drugs and spending a day trying to show the grand jury that the defendant is a rapist. All it does is prejudice the grand jury by getting them to believe that I’m a bad person for unrelated behavior. 

 

2. Mello improperly told the grand jury what my intent was, and asked all of the witnesses what they believed my intent was. He also had an entire folder labeled “intent,” and retitled the episodes to make it seem like my intent was to intimidate witnesses. 

 

3. By only playing short, edited clips from my shows, Tully and Mello were intending to deceive the grand jury. 

 

4. The renaming of episodes not only fooled the grand jury, it also fooled Judge Doolin and Cosgrove, who cited the incorrect names in the first denial of our motion to dismiss, and Cosgrove’s opposition to our motion to dismiss.  

 

5. They renamed the video of the rolling rally, “don’t feel bad for the O’Keefe’s, and played an edited clip of me expressing my frustration that the O’Keefe’s were deceived by the Commonwealth. But they didn’t seek an indictment on me intimidation the O’Keefe’s, so doing that was simply an appeal to emotions to prejudice my character with the grand jury. The correct title of the episode was the complete opposite, as I called it the Justice for John O’Keefe and Karen Read rally. If the GJ heard that title they’d assume I was fighting for John’s family. If they heard the title that Tully gave the video, they’d assume I was attacking John’s family. 

 

6. Allowing Jennifer McCabe to testify that I had sent her a picture of her daughter’s face covered in semen, which were never presented to the grand jury or given to us in discovery. This prejudiced me to the grand jury. 

 

7. Not giving us the discovery we’ve been requesting, and withholding discovery they eventually gave us years later. This included a December 2024 email Ken Mello forwarded to Robert Cosgrove showing his communications with Kate Peter. This was not given to us until July 7, 2025, which was 4 months after we filed our first motion to dismiss. They also gave us over 4,000 pages of Tully’s emails, which they corrected a month later.  

 

8. We also contend that Mello is a witness for the defense and must be recused, due to the fact that he personally urged the Canton Police to charge peaceful protesters with witness intimidation after being called on his personal cell phone by Chris Albert in November 2023. 

We are asking for dismissal, but at the very least we now need an evidentiary in which Mello, Tully, Peter, and others will testify. We need to find out why they introduced the Scanlon testimony, who renamed the episodes and why, and why they committed all the other egregious violations in front of the grand jury.

We will be arguing all of this at Wednesday’s hearing at 2 PM in Norfolk Superior Court. All are welcome to attend.