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The “Statement of Facts” that is being used to charge me with 8 felony counts of witness intimidation are almost entirely made up of context quotes from my YouTube streams, designed to make me sound like a psychopath. But what the Commonwealth and State Police intentionally left out are the dozens, if not hundreds of times, in which I used my online publication and YouTube channels to make it clear that I was not a threat, and that I just wanted “witnesses” to tell the truth about what happened to John O’Keefe. I have compiled dozens of examples of video clips that prove this.
- When I said “I’ll be back” while referencing the McCabes, I immediately clarified that by saying “that’s not a threat, it’s investigative journalism we’re doing here.”
2. “Ask Monica Cannon-Grant, ask Kylie Kirkpatrick, ask Leigha Genduso, go down the line of people who I have held accountable whose lives have severely changed, who have been charged with crimes as a result of my reporting. You’re next.”
This quote makes it clear that my intentions with the “witnesses” in Canton were the same intentions I had for criminals like Monica Cannon-Grant and Kylie Kirkpatrick – I was using the power of the pen to expose their criminal behavior with the goal of having them charged. In both cases I was successful. Had a stay away order been put in place as part of “witness intimidation” charges it would have made it much more difficult to report on any of those people.
3. I clarified that the purpose of going to the McCabe’s kid’s sporting events was to ask them questions related to my reporting. I make it clear that life as normal for any person would be disrupted if evidence showed they were involved in the coverup of a murder. I also said that it was “time to accelerate,” a quote that was used in the charging documents. The very next words that came out of my mouth were, “that’s not a threat.” I planned to “accelerate” my investigative reporting since it was clear that they were trying to hide something.
4. “You fear the Alberts, but you should fear me, not like physical fear. But the Alberts fear me much more than I fear them, because I have the ability to severely change their lives.”
The only “fear” I strike in anyone is the fear that my reporting will lead to criminal charges against them, or end up with them losing their job. This would be like Richard Nixon charging Bob Woodward with witness intimidation.
5. “They’re not here right now, not because they’re physically afraid of us, because we’re not a threat to anybody. We’re not violent like them. They’re not here right now because they are afraid and ashamed to show their faces. They are ashamed to walk up these stairs and be called exactly what they are – cop killers. But we’re not gonna hurt them. We’re gonna let justice, we’re gonna let the court system do it.”
I am being charged with witness intimidation, which requires threats that are designed to obstruct or prevent justice. This was a proclamation that my goal is to let justice play out in the courts, rather than through physical violence.
6. Voicemail left on Michael Morrissey’s phone: “I’ve taken your advice into consideration about leaving them (the “witnesses) alone, and I’ve elected not to. Instead I’m gonna do the opposite, I’m gonna keep asking them questions. And I’m gonna do the same with you. I know you don’t like it when people come to your house, so that’s exactly what I’m gonna do. And that’s not a threat, I’m an award winning journalist, there to ask some questions.”
7. “I’m coming for you. And yea, we’re gonna be protesting outside your home in Stoughton. You can get some too. And that’s not a threat. The First Amendment has been held up time and time again in the work that I do. I’m not gonna kick your ass, I’m not gonna hurt you, I’m gonna do something much worse than that – I’m gonna send you to jail. If you arrest me it will be temporary, if you charge me it will be temporary. It means nothing to me.”
8. “We’re not scaring you, we don’t bite, we’re not a threat to you JM. Plus, your stupid fat husband pushed me last time and I didn’t make a big deal out of it. You tried to get an order on me and it didn’t work out.”
9. “I dare you to show up for court Ken. That’s not a threat or anything like that. I wanna have a conversation with you about why you’re too much of a pussy to use your real name online.”
10. At Jen McCabe’s house I walked up her walkway because there were not any “no trespassing” signs, and I rang the doorbell. For some reason her door was wide open as I harmlessly stood there waiting to see if the came to the door, and left after a minute when it was clear she wasn’t going to.
“Everybody runs their mouth, and it’s like OK, well let’s have a talk. You can’t even say you’re fearing because I come in peace. You’ll never hear me say ‘you wanna fight me,” because that’s not what I’m hear to do. I just wanna ask you legitimate questions about a matter of public concern.”
10. “We need to be on our best behavior. We can boo. They’re gonna try to provoke us like last time. Peaceful. Think Selma, that’s us. We’re the ones crossing the bridge. They’re not gonna beat us up though, they’re gonna try to provoke you. Do not give in.”
11. Prior to the July 25 court date I posted a video telling people who couldn’t control their temper in the face of provocation to stay home.
“The other side is gonna try to instigate, with the intention of provoking an incident. They want our side to seem unhinged and violent. All it takes is one person on our side to react to that, and that’s it. If you are that person, and you cannot control your temper, if someone gets in your face and says ‘f*** Karen Read,’ if you don’t have it in you to remain calm and respond to their provocations with nothing but facts, then don’t come tomorrow. You’re not welcome there. I don’t want any tough guys there tomorrow, anyone with something to prove. This is a nonviolent movement. We must be better than them. In the face of evil when it’s filmed, the most effective way to affect public opinion in the face of evil is to not respond with more evil. So that’s what we’re going to do tomorrow. We’re going to peacefully protest the injustice in that courtroom.”
This is basically the exact same tactic that Martin Luther King Jr used to win over public support for civil rights. Nonviolent protest in the face of violence lets the viewer clearly see who is on the side of good, and who is on the side of evil.
12. In response to a turtle rider who was filmed by Jen McCabe outside of her house I played the video on the Live Show and commented on it.
“A turtle rider went to her house, which by the way, 100% fair game. Enough with this ‘you shouldn’t go to their house,’ no, you should. You should be peaceful, don’t threaten. But you have a right to do that.”
13. The Alberts and McCabes want me silenced because my reporting is hurting their image, and consequently has disrupted their lives. But through their own actions they have thrust themselves into the public conversation, and when people do that there is an increased chance that they will be confronted by strangers in public.
“There’s no right to live peacefully. Ask any celebrity or famous person. You don’t have that right. Especially when you cover up murder.”
14. “We’re not here for mob justice. This is a peaceful protest. Mob justice is violent, we’re not here for that. We’re here for peaceful protest. Martin Luther King was not about mob justice, but he still rolled deep.”
15. A commenter asked me what my kids thought of what I did for work.
“5 or 6 years ago I was calling people fupasloths and making fun of the way people looked. And that’s not a good example for my kids. My dad never did that so why am I setting that example? Whereas I feel like what I did today (rolling rally), this is a product I can be proud of. We peacefully protested for a good cause, an innocent woman fighting an injustice.”
16. “We gotta stay peaceful, stay respectful, stay off people’s property. Don’t do anything that would make me or Karen Read look bad. Don’t give them any ammo. Be above them, be better than them.”
“We are gonna be peacefully protesting Tuesday in Dedham. It’s really important that we keep things peaceful. If anyone tries to instigate, you gotta be the bigger person. It’s not about me, or you, it’s about Karen Read. They want to make us seem violent but that’s not who we are.”
17. “It’s a beautiful day for some peaceful protesting. There will be no rioting or looting, this is a peaceful protest.”
18. “We’re here to peacefully protest. We are peacefully protesting outside of the home of Brian Albert.”
19. “We’re gonna be going to the home of Michael Proctor, and we’re gonna be protesting peacefully outside of his house as well.”
20. “Some people might say that we shouldn’t go to people’s homes. But again, we’re gonna be respectful, we’re not gonna trespass or step on their property, but we will peacefully protest outside of their homes. Because I’m an award winning journalist. I can come to your home and ask you questions, that’s what the media does. And if you are home, I do have some questions.”
21. “We will be peacefully protesting outside the home of Michael Proctor and talking about his involvement in the coverup.”
22. I am banned from protesting outside of D&E Pizza for comments like this.
“We’re here to peacefully protest.”
23. “We’re not harassing any witnesses, we’re peacefully protesting. Get it through your fat head.”
24. While attempting to ask Jen McCabe questions at a public event, far away from any children, I was repeatedly touched by Matt McCabe but kept my cool.
“Why should I leave sir? I just have some questions. I just want to know why she Googled how long to die in cold.”
25. “They should be more scared of me, because I’m not gonna kick your ass. I don’t need to do that. But I’m relentless and more dangerous with my words. Because I’m so good at finding evidence and exposing people. And you should be scared of that, because who cares if I kick your ass? You’ll be fine in a couple days anyway. Take a couple aspirins and you’ll be good. But you’re not gonna be good if you go to jail for the rest of your life. Aspirin ain’t gonna fix that.”
26. I expressed to the Canton Police Chief my desire to clarify what she meant when she said that the rolling rally violated the witness intimidation statute, because I read the statute and we never attempted to obstruct any of the witnesses from testifying.
“I want to talk to Chief Rafferty, because at the Board of Selectman meeting she told me that the peaceful rolling rally protest was illegal, and that if I did it again I’d be arrested. But I plan on coming back, and I don’t plan on being arrested, so I’d like to figure it out before hand.”
27. Witness intimidation requires the defendant to threaten a witness for the purposes of getting them NOT to testify. During the rolling rally we went to Julie Nagel’s house where I did the exact opposite – I urged her to tell the truth about what happened the night John O’Keefe was killed. Urging people to tell the truth and speak with police about what happened is the opposite of witness intimidation.
“It’s not an option to remain silent. You might as well tell the truth and let the world know what happened.”
28. “Nothing is stopping you from coming forward and telling the police what happened.”
29. “Nothing is stopping you from telling the truth. You know what happened that night. You know why John’s body was on that front lawn. You know why he had that huge laceration in the back of his head.”
30. On June 1 Jen McCabe tried to get a harassment prevention order against me, but the judge denied it because he ruled that I was a member of the press, asking legitimate questions about a matter of public concern, and that none of my comments were “true threats.”
“I think I get the flavor of what you’re telling me, and again, his association as a member of the press really doesn’t change where I’m going with my ruling.”
31. “Because of the free speech issues and his status as a member of the press I’m just not getting it (reasons to grant the order).”
32. Jen McCabe made her intentions clear during the hearing when she asked the Judge, “Is there anything you can do to get him to stop blogging about me?” She is not scared, and she does not feel threatened. She just doesn’t want me to write stories that expose her involvement in the murder of John O’Keefe. The judge wasn’t having it.
“Well, no (he can’t stop me from blogging). A significant portion of what you’re telling me is protected speech under the First Amendment. He is a member of the press. Probably not the message you were hoping to hear. I’m not inclined to issue the order.”
33. JM: “He called me once.”
Judge: “And that call was, did he threaten you?”
JM: “It was a voicemail. He just had questions.”
34.”Tough guy? Who said I’m tough? I’m just a reporter, Matt. I didn’t know reporters had to be tough. I’m just here to ask you some questions.”
35. Outside of D&E Pizza a guy asked me why I didn’t assault the Alberts.
“I don’t hit people. I don’t wanna kill anyone, I’m not an Albert.”
36. When Chris Albert attempted to get an order from Judge O’Malley, the same judge in Stoughton who granted him an order two weeks later at my arraignment, it was denied on First Amendment grounds because my statements and protests were not threatening and did not contain fighting words. Judge O’Malley must have forgotten about this in his old age.
“It really doesn’t have true threats or fighting words.”
37. “All of that is speech. Only fighting words or true threats may qualify as acts of harassment.”
38. “You say that it’s harassment, it is under Webster Dictionary version of harassment. But under MGL 258E even the middle finger is speech. Emails are speech. The case law is pretty clear.”
39. “I have to apply the law, and it requires fighting words or true threats of violence. I don’t see it. I’m denying your request.”
Also, Chris Albert himself said he was not really a witness.
Hard to be a victim of witness intimidation if you’re “not really” a witness to anything.
Tomorrow we will be making this argument in Norfolk Superior Court in order to modify the conditions of release.