Canton Coverup Part 538: Attorney Mark Bederow Files Affidavit After Attorney Corri Hopkins Public Records Request Shows Robert Cosgrove Withheld Emails Including Michael Proctor, Lied About Proctor Not Being Involved In Investigation

 

Last week it was reported by Ted Daniel that disgraced former State Trooper Michael Proctor’s personal cellphone contained sexual images and confidential information that he shared with friends:

According to the motion, the data being reviewed as part of discovery in cases Proctor investigated, including the Myles King case, spans many years. The NDAO is concerned about the highly sensitive nature of the information, including images of intimate body parts of people not participating in the text chain, screenshots of Facebook posts, full phone numbers, and/or personal email addresses of the people Proctor communicated with, and the name of a sexual assault victim.

It’s unclear what these images are, but whatever it is the union is so disgusted that they abandoned him. It’s also been reported from sources close to the Proctor family that Proctor’s wife Elizabeth has kicked him out of the family home in Canton.

As someone who is being prosecuted as part of an investigation that included Proctor as both an investigator and a “victim,” I am entitled under Rule 14 to review these communications in Proctor’s phone to determine what could be exculpatory. Unfortunately special prosecutor Robert Cosgrove is refusing to provide them to my attorneys because he claims Proctor is not a witness in my case.

Unfortunately for him a North Carolina Attorney named Corri Hopkins is very skilled at doing public records requests. After being denied access to email communications between investigators involved in the Karen Read murder trial, Ms. Hopkins sued the Commonwealth and won, forcing them to give her these communications between public officials. These communications revealed that not only was Proctor actively involved in the investigation of my case, these materials were intentionally withheld from us by the Commonwealth in violation of Rule 14. Today Attorney Mark Bederow filed a supplemental affidavit explaining how they have violated my rights:

supp affidavit MB disco MTC

We received these documents from Ms. Hopkins after we filed our motion to compel last week.

 

The emails that Ms. Hopkins obtained contain attachments that we have never seen, but are entitled to. This is in direct violation of a court order directing the Commonwealth to provide us with all discoverable evidence under Rule 14.

 

If Proctor was sharing sensitive intimate images of suspects or victims then he committed a crime, which makes it completely relevant in my case.

 

But Robert Cosgrove has unilaterally decided that Proctor won’t be a witness at my trial because he didn’t participate in the investigation.

 

We now know thanks to Attorney Hopkins that this was a lie. Surprise!

The emails she obtained as a result of her lawsuit include a July 28, 2023 email from Yuri Bukhenik to Brian Tully, which Michael Proctor was CC’d on. The subject was “McCabe harassment,” and the email was sent shortly after Jennifer McCabe emailed the DA’s Office and demanded that “something” be done to stop Turtleboy from investigating her role in the murder of John O’Keefe. Bukhenik sought the input of Tully AND Proctor in his email.

On July 29 Bukhenik sent an email to the same 2 detectives with the subject “Albert harassment,” and once again solicited input from Tully AND Proctor.

 

These emails came two weeks after Proctor wrote an email to Bukhenik, Tully, Lt. John Fanning, and Adam Lally, in which he called me a disparaging name, provided investigative information on me, and urged them to do “something” about it.

One month later Proctor sent out a text message to these same people AND Michael Morrissey, expressing his displeasure that they weren’t using the powers of the state to arrest me because I was annoying him with my journalism and activism. A month later I was arrested at my kids’ bus stop.

It is outrageous that the Commonwealth intentionally withheld discoverable email communications from my defense team.

It is outrageous that the Commonwealth attempted to prevent a citizen from obtaining publicly available communications via a public records request.

It is outrageous that it took an attorney from North Carolina to sue the Commonwealth in order to get these communications.

It is outrageous that private citizens who don’t have the time, resources, or the knowledge about their rights regarding public records requests, would not be able to access these public documents.

It is outrageous that the special prosecutor faces no consequences for repeatedly lying to the court, and forces us to file these motions to obtain what all defendants are legally required to be given from the government.

It is outrageous that Robert Cosgrove is attempting to hide Michael Proctor, much like Hank Brennan did in Karen Read’s case, in order to minimize his role in the investigation because he is now a disgraced former trooper.