TB Investigates

Canton Cover-Up Part 201: Judge Krupp Perceives Elizabeth Proctor, Colin Albert, Chris Albert As Victims Due To Ken Mello’s Lies In Court

 

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At the end of yesterday’s hearing Judge Peter Krupp took under advisement our motion to get rid of the stay away orders that 8 “witnesses” in the Karen Read murder case have on me as a result of the fraudulent witness intimidation charges filed against me. The hearing, which can be seen in it’s entirety on Canton TV here, gave us a lot of insight into how we will need to defend this case. At the 7:30 mark on the Canton TV link Judge Krupp asked my attorney:

“You think a journalist can call up a witness and say ‘it’s Turtleboy from them advantage boys, bang, bang, bang, bang, we’ll fuck any of you dogs up.’ You think any journalist can call up a witness and say that, and not have it construed as witness intimidation or a threat?”

That quote is specifically listed in the charging documents:

I said it at the 2:24:00 mark of the July 8 Live Show when I left a voicemail with Colin Albert. It was clearly satirical.

I was doing an impression of 2 videos posted by Colin Albert to social media, in which he threatens his rivals “the advantage boys,” and ends the clip with “you be knocked out boy, KO, bang bang!!”

Maybe the advantage boys should file witness intimidation charges of their own.

I am a 41 year old father of two with a house in the suburbs. Any reasonable person would understand that I was doing a comedy bit because this is not how I normally talk. I’m also wearing a Colin Albert “Hardo” t-shirt. Halfway through the voicemail I made that even more obvious when I abruptly changed my tone and said, “no but seriously,” before asking him questions about his involvement in the murder of John O’Keefe.

If you were to just read the charging documents that voicemail may sound threatening. This was done intentionally by Lt. Brian Tully, with malice, because he knows full well that the first half of the voicemail was satirical. But Judge Krupp would have no way of knowing this because he can only read the paper that is in front of him. Krupp, like all jurists, trusts that police and the DA’s Office would not intentionally try to deceive him. He has clearly read the entire charging document fully, and he brought this one up because it stuck in his head as the most egregious allegation.

The challenge that we are facing is that the entire 70 page charging documents, which Krupp is going to continue to cite in hearings, are filled with out of context quotes like this. My attorney has not watched every Turtleboy Live episode, so he wasn’t able to explain the context of that quote on the spot like an avid turtle rider who watches every show. To catch him up to speed would take hundreds and hundreds of hours, but he is eager to do so. I would ask the critics who expect him to become Alan Jackson over night to understand that Alan was not nearly as knowledgeable about his client’s case a year ago as he is now. Tim is a good attorney, and I have faith in him.

Now that I know the charging documents will keep being brought up in court I’m going to have to publish a series of articles going over the charging documents page by page, and showing the context of every quote that they’re using against me. The entire case is based on deception, and we are forced to be the truth tellers.

At the 10:20 mark Ken Mello got his first chance to speak, and he clearly has no idea what he’s talking about. He claimed it wasn’t a First Amendment case when it clearly is. He made it obvious that he reads the stories I publish when he quoted a recent publication in which I said that I was a journalist, an activist, and a satirist, to clarify why I was leading a protest and making jokes on my show. Then he started talking nonsense.

“The general court in setting the language under 13B clearly was looking to prohibit things such as walking up to someone’s front door, or a storm door with a glass front, is closed but the interior door is open, from walking up to a witnesses’ door and videotaping the interior of the house.”

I filmed myself walking up to Jennifer McCabe’s house, which didn’t have any no trespassing signs on it, and rang her doorbell while her front door was wide open. There is nothing illegal about doing this. This is not why the witness intimidation statute was enacted, and it does not violate the statute.

 

“The court clearly intended to prohibit someone from attending the sports games of children’s of witnesses in cases.”

No, Ken. Witness intimidation statutes are not enacted to keep journalists out of high school lacrosse games. Just no.

“It clearly intended to prohibit someone from chasing a state trooper across the street with a bullhorn.”

It wasn’t intended to do that at all, Ken. The First Amendment gives me the right to follow a public servant like a state police detective around with a bullhorn protesting their involvement in the coverup of a murder. Additionally, I did this to Yurk Bukhenik, who is not one of the people I am charged with “witness intimidation” against.

Ken started off his statement by acknowledging that I am a journalist, an activist, and a satirist, but then complained that my actions he listed were not that of a journalist.

“This is not journalism, this is activism. The government is not looking to define how journalists should conduct themselves, but when you look at it you can see that this is not defending journalism.”

That’s the point Ken – I can do different things. When I come home and take care of my kids I’m acting as a father, not a journalist. When I went to Jen McCabe’s house and her kid’s lacrosse games I was acting as a journalist because I was asking her questions about why she Googled “how long to die in cold” and helped murder John O’Keefe. When I yelled at Bukhenik with a megaphone I was acting as an activist. When I mocked Colin Albert on the Live Show I was acting as a satirist. This isn’t hard to understand.

Judge Krupp then pointed out to Mello that this was a First Amendment case, because I was reporting on matters of public concern. Mello had also claimed in his motion that the stay away orders don’t limit what I can do, even though they prevent me from asking witnesses questions for stories I’m working on, and limit my First Amendment rights to participate in peaceful protests anywhere near the “witnesses.”

Krupp then pointed out that there was no stay away distance defined, which needed to be clarified. Mello wrongly responded by claiming that I was thrown out of a sporting event (I left on my own accord), which necessitated a 500 foot stay away order. That’s obviously an absurd distance, as I would be within 500 feet of at least one of them any time I went to Canton. Krupp told him that he had never seen that distance in an order before, but Mello said 500 was the magic number because you can’t hear from a bullhorn from 500 feet away.

“Being called a journalist doesn’t give you license to break the law. Those freedoms do not extend to harassing witnesses and their children.”

I never harassed the children of any witnesses. Their case is so weak they’re just making up lies as they go along.

Mello once again showed that he had been reading my stories when he said this:

“This individual approaches people in a way in which he says ‘I’m not a threat to you I’m not going to cause you any harm.’ But his actions are contrary to his words in many cases.”

Ken recognized that I have stated dozens, if not hundreds of times, that I am not a threat. He knows this undermines his entire case, so he tried to talk his way out of it.

“He’s advocated on his web pages for people to call the employer or to post on the employer’s website, clearly intending to cause economic harm to that witness and jeopardize her job. By extension you can assume that the employer would come down on that witness for bringing that notoriety to that company.”

Mello was referencing Lizzy Proctor, who he is now trying to turn into a victim.

What he failed to point out was that it was Lizzy Proctor who was the aggressor. In early May she began stalking turtle riders who commented negatively about her husband Michael Proctor on our Facebook page. In several cases she found out where these people worked and began contacting their employers. This is a conversation I had with one of the victims, who was shocked to see the name Michael Proctor come up on her caller ID at work.

I called the number back to confirm it belonged to the Proctors and it turned out to be Lizzy’s phone.

The woman, who did nothing wrong other than share her opinions about a corrupt cop on the Internet, was worried about losing her livelihood as a result of Lizzy Proctor’s malicious attempt make her destitute.

Ken Mello claims that I am intimidating Lizzy Proctor by trying to cause her economic harm and jeopardize her job. He failed to point out that Lizzy Proctor has done this to multiple people, but it’s only a felony when it happens to her. To turn her, or any of these people into victims is laughable.

Mello then made up a completely baseless lie, which he included in the charging documents, that I have been directing my followers to order food from D&E Pizza and then not pick it up.

This literally never happened. All of the other references in the charging documents include direct quotes from the show, along with the episode number and time stamp. This was a blatant lie that the Commonwealth made up out of thin air because they knew that “economic harm” was included in the witness intimidation statute. Ken Mello kept pushing that lie too:

“In one particular instance one witness who owns a pizza shop in Canton has noticed a marked increase in the numbers of orders that have not been picked up. And that’s because this defendant has advocated for that.”

Does he have any evidence that Chris Albert’s pizza shop has received a “marked increase” in orders not picked up? Of course not. Chris Albert didn’t even mention anything about that when he tried to get an order on me 4 weeks ago. They’re just making this up as they go along.

“Harassment is one provision of the witness statement, but willfully causing economic harm is also a provision of it. If you call someone who is the wife of an investigator’s job, and you urge people to call them or post on their websites, that is not reporting, that is advocacy. That is encouraging people to do something to another party’s economic disadvantage. When you urge people to call a restaurant and order food and not pick it up, that is economic injury.”

The Mello threw out this ridiculous analogy, which made sense to absolutely nobody.

“If this defendant was working on a story that a bank was passing counterfeit currency it wouldn’t allow him to break into the bank.”

What is this – Mello Cottage Tales?

The one victory we did have, and it was a big one, was that I am allowed to attend Karen Read hearings, which Mello didn’t object to. Judge Krupp took it under advisement. If we win, great. If we lose, we will appeal to the SJC. We’re not just fighting to exonerate me, we’re fighting to get the witness intimidation statute ruled unconstitutional. And if Judge Krupp won’t do that then we’ll appeal it to a higher court. The problem isn’t just corrupt cops, it’s the statute that violates the First Amendment which they’re allowed to weaponize against journalists.

 

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34 Comments

  1. Hope Mello’s wig slides off during trial. His hair looks like gray mid shag carpet.

    Fuck him, Mello sucks at lawyering and prosecuting, what a dim witted jerk.

    “Trophy Husband” everybody got the joke but him.

  2. Even a drunken shitface paralegal like myself knows that it’s the totality of the behavior that you engaged in that makes you guilty.

    Also, if it’s all lies they’re going to get away with it, the SjC is part of the problem too.

    Long story short, you’re going to jail for this and I’m fairly positive that your anus will be as wide as a gutter pipe by the time you’re released.

    Also, you have a documented history of calling employers.
    Mrs Fucci can testify to that.

    Sorry about the smell, I’m having a not so fresh day.

    1. Its so obvious that this is Sean McCabe by the language hahaha it’s gonna be hilarious when all of that shit from the “gutter pipe” you’re referring to backfires in your fat ugly mouth 🤣 too bad the “evidence” the Commonwealth quotes in their sham charging docs is gonna tell the whole story not just half of it like your buddy Tully attempted to do. Can’t win with half truths douchebag hahaha

  3. This stuff that his wife is doing is really crazy. Honest question, does she have some mental health issues? No sane person would put so much effort into harassing others.

  4. Dude, you’re fucking done. Nice 15 minutes. Your stupidity has won over. You had no idea what you were doing. You wanted her so bad and her bro gave you a Lexus. I get it. I’m sure your wife loves that but by all accounts you’re living in your basement. But fact remains as a a homophobe, misogynist, racist, asshole you’ve done well. Congrats. But, you’re an awful human being and will soon get your just desserts.

    1. “Dude, you’re fucking done.” Sounds like a threat of violence to me. And the other names you called him (you’re obviously a Democrat) are defamation and maybe libelous. Let’s throw slander in there while we’re at it.

    1. I disagree. It reminded me of Obama’s tan suit, and the uproar that ensued. Tan suits aren’t a good look for anyone. But he looked great the week before!

  5. Sorry to say this, but you bring this onto yourself. You are a drama magnet and everyone who admires your reporting (I included) knows it and understands it is your Achilles heel. You are no longer reporting the news, you ARE the news and that is a no no in journalism.

    A mayoral candidate’s campaign in the third largest city in Massachusetts just got caught by journalists for buying votes. If you weren’t having to explain why you called bang bang or that two wrongs make a right by contacting employers, maybe you could have broke this story instead of “Western Mass News”….

    Also stop plotting your defense in the blogs…unless these play by play strategies are really your Operation Bodyguard, and you have Operation Overlord up your sleeve (which I doubt)

    1. This isn’t a discussion or an topic about your opinions though. There is a MUCH LARGER THAN ANY OF US thing going on here: IS HE BREAKING THE LAW OR NOT.

      His delivery, his tactics, his demeanor, whether you approve or not is not what’s important here. It’s THE LAW and the CONSTITUTION.

    2. Dear friend, freedom is the issue here. Nobody needs less of it when corrupt garbage is taking more of it even at the highest levels of government. Not to mention that TB wouldn’t be in this position if the Commonwealth, MSP, etc had actually done their public service duty and investigated the murder of John O’Keefe instead of trying to cover it up to protect their pals and conveniently frame an innocent woman for it.

  6. Your “defense”, as it were, appears to be based on nit-picking minor grammatical issues, “what-aboutism”, and claims that your actions were just misunderstood/taken out of context.

    But we all saw (and can still see) your actions on video, and like the Boozy Susie/Glamma Cooze imitator stated it’s the sum of all the shit that you did thaat makes you guilty. You can argue the fine points of this or that, but you’ll lose in the face of common sense.

    This isn’t a 1A issue. The first amendment allows you to be an asshole, but it doesn’t prevent you from facing the blowback for the things you do or say. You’re about to be punished big time. Calling the prosecution and police officers names and mocking their appearances just makes it worse for you.

    After this bullshit “KR was framed!” conspiracy falls apart (which it’s already doing, as if you haven’t noticed) each and every one of the McAlbert clan is going to file an individual civil suit against you and you’ll spend the rest of your life shuffling between courthouses and whatever job might hire you as you desperately attempt to pay off the judgments. You’re done.

    1. Are you really this stupid? You can’t be. YOU CANNOT BE CHARGED WITH A FELONY IF YOU HAVENT COMMITTED A FELONY. Are you really calling being put in chains and handcuffs by the very people you’re exposing “blowback”?

      Being arrested for asking questions and making people uncomfortable is “blowback”?

      You’re living in the wrong country. We have a Constitutional right to do these things.

      You think President George W. Bush should have arrested the Dixie Chicks too?

      1. I know this is hard for you to understand, Aiden (and yes, Chloe Albert is another one of Aiden’ssock puppet accounts), but it APPEARS that you did commit multiple felonies, and crying First Amendment is probably not going to save you as the 1A doesn’t shield you from responsibility/accountability. There are many, many laws and cases where that’s been found to be the case; it’s why libel laws exist and are valid.

        Your defense is “I’m allowed to do almost anything under the 1A” and that’s proveably false. Blondie Bradl went with the 1A defense as that’s the only shot you really have, and even that’s in the single digits. You’ll feel better if you own up to everything and take responsibility for once in your life.

        It’s funny that you threatened to raise other peoples’ kids, when in reality someone else is gonna be raising yours. You’ll go to jail and lose your kids when Julieann files for divorce. You’ll lose your kids just like Krusty.

        1. I’m Aidan now? I heard of him years ago and I never cared very much about sports so I hadn’t read anything from him until a couple months ago. I must say though that you seem more obsessed with him going to jail than defending the States case against KR. None of their “evidence” lines up with physics nor common sense but you hate TB more than you love the truth, apparently. Would I ever stand outside the pizza shop? No. Would I ever ask questions in the bleachers at a sports event? No, I wouldn’t. I also don’t say the C word but unlike you, I don’t drool over seeing someone I disagree with in prison for what I know you know are not felonies. We get it, you hate Aidan, you’re likely powerless to do anything about it and even if you could, you wouldn’t because it’s just not in you. Honestly, truth be told, we tend to get mad at people like you initially but then the anger turns to something more like sympathy. It can’t possibly be enjoyable to hate someone this much. That kind of thing usually leads to alcohol and/or drug abuse. I’ve seen your kind a thousand times.

          1. Yeah, you’re definitely Aiden, right down to conflating your legal issue with Karen Read’s. Newflash: even if she’s found innocent tomorrow, you’re still facing witness intimidation and conspiracy charges, because your case is entirely seperate from hers.

            I’ve stated numerous times that I’m a long-time Turtle Rider. I don’t hate Aiden, but I DO think he needs a reset, and going to jail will provide that for him; some time away from the Internet will do him a world of good. He needs to reflect on what’s important in life,for one, and he needs to stop sticking his dick in pigs like Ashley.

          2. Wait, first, I’m Aidan. Then, later, you say I’m “definitely” Aidan. Then you say you “don’t hate Aidan” but according to you, you should be saying “I don’t hate you”. Then you start using “he” this and “he” that. You can’t even keep your story straight.

            You are very confused.

          3. Only a pedantic moron would respond like that. Confirmation that the “Chloe ALbert” account is,in fact, Aiden.

            Also, my grammar issues (such that they are) will not prevent you from going to jail.

          4. That woild be Ashley Bell from Canton, who AIden has been cheating on his “girlfriend” with…(who Aiden is cheating on his wifre with. She’s married, runs a daycare center, and is a pig.

  7. Mass report that fat pig to facebook and her employer. Get restraining orders against her and begin a class action suit.

  8. You brought this on yourself with your attention seeking, juvenile behavior. You made this about you and not Karen Read.
    Report the facts and leave the personal attacks out. Idiot.

    1. Yeah, everyone would be talking about this and seeing billboards, car decals, sweatshirts, t-shirts, writing on beach sand, yard signs et al without TB 🙄

  9. My brother suggested I might like this website. He was totally right. This post actually made my day. You cann’t imagine just how much time I had spent for this information! Thanks!

  10. certainly like your website but you need to take a look at the spelling on quite a few of your posts. Many of them are rife with spelling problems and I find it very troublesome to inform the reality nevertheless I will definitely come back again.

    1. Cecelia, you started your paragraph with a small letter and you used weak grammar and sentence structure throughout your complaint. You might want to get an after David before you return.

      1. “Many of them are rife with spelling problems and I find it very troublesome to inform the reality nevertheless I will definitely come back again.”

        ^retarded sentence

        “inform the reality”

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