Canton Cover-Up Part 209: Attorney Marc Randazza Files Federal Complaint Against Canton Police Department For Banning Peaceful Protests, Asks Judge To Rule Witness Intimidation Statute Unconstitutional
Donate to the Turtleboy Legal defense fund
– Framed – Video for Full Background on Canton Cover-Up Story
– Donate to the Karen Read Legal Defense Fund
– See all parts of the Canton Cover-Up Series
– Watch the Live Shows and Videos
– Join ”Justice for John O’Keefe and Karen Read” FB Group
Attorney Marc Randazza, one of the nations most accomplished First Amendment attorneys who has represented me in several legal matters, has filed a lawsuit in federal court against the Canton Police for threatening to arrest peaceful protesters outside of D&E Pizza on Sunday.
001 - Verified Complaint 005 - Memo in Support of Motion for TRO and PI
The lawsuit is brought on behalf of turtle riders Meredith O’Neil, Jessica Svedine, Deanna Corby, Jenna Rocco, Nick Rocco, and Roberto Silva, and is filed against defendants Canton Police Department, the Town of Canton, Chief Helena Rafferty, Sgt. Joseph Silvasy, and Officers Anthony Pascarelli, Robert Zepf, and Michael Chin.
The four listed officers are the men who responded to the call on Sunday. According to police call logs the person who called Canton Police to alert them to the protest was Ken Mello, the special prosecutor in the Commonwealth’s witness intimidation case against Turtleboy. Mello was reportedly contacted by Chris Albert, who has the State Police and DA’s Office on speed dial, since they apparently work exclusively for him.
Here is a text message between Chris Albert and an individual plotting to have me arrested for violating the stay away order via third party contact.
In the messages Chris Albert indicated that he sent videos of my live streams to Lt. Brian Tully, who was coming to D&E Pizza to take a report. The two of them talk about how Turtleboy “needs to be violated,” and discuss plans to have other peaceful protesters charged for congregating outside of D&E Pizza.
Randazza’s complaint points out how Chris Albert has a checkered past, which includes a jail sentence for killing a man in 1994, and how Albert intends on offering false testimony in the Karen Read case to shield his son and brother from being held responsible for their crimes. The complaint alleges that the police are attempting to intimidate the plaintiffs from protesting against Albert’s perceived perjury. 
The complaint goes on to explain how Turtleboy is a well known journalist who has already been charged with the crimes that CPD is threatening to arrest the plaintiffs for. This completely reasonable fear of being arrested has created a chilling effect, and consequently a protest scheduled for Sunday has been cancelled.
On a personal note, I do not want to see anyone else get arrested. This battle will be fought in court, and we will win because the First Amendment is behind us. There is no need for anyone else to get caught up in the legal mess that I’m in.
Randazza’s complaint goes on to point out that there is widespread public interest in the Karen Read case, and how Rafferty threatened to weaponize the witness intimidation statute at the August 8 Board of Selectmen meeting.
The complaint goes on to explain how Rafferty’s statement that CPD “cannot accept” legally protected First Amendment activities, and how CPD told one of the plaintiffs that there is an open investigation into them, has created a chilling effect and a threat to their safety.
The pieces of paper with the statute on it were already printed out, indicating that Rafferty had made plans to ban any protesters who appeared in town. Turtleboy was just the test case.
The Canton Police, under the direction of Chief Rafferty, violated the First Amendment rights of the protesters by threatening to arrest them for constitutionally protected speech.
As Randazza pointed out, if the protesters were holding signs that said, “We support you Chris Albert,” then the police would not have been called and there would be no threat of arrest.
The bigger problem, as we have seen in my case, is that the witness intimidation statute (13A and 13B) is unconstitutional, because it allows corrupt institutions like the Canton Police Department to weaponize the vaguely worded law in order to suppress the First Amendment.
O’Brien vs. Borowski set the standard that all speech is protected unless it contains true threats or fighting words, but the witness intimidation statute ignores that. In theory, if a “witness” like Chris Albert confessed to a Catholic priest that he had been lying about his son’s involvement in a murder, and that priest urged Albert as part of his repentance to change his testimony so that it was truthful, the priest would be guilty of witness intimidation.
Randazza is now seeking an injunction from the federal court to prevent the Canton Police from intimidating peaceful protesters outside of D&E Pizza. He is also asking for a declaration from a federal judge, essentially ruling that the entire statute is unconstitutional.
If the judge rules in the plaintiffs’ favor it could potentially be very beneficial to the defense in Commonwealth vs. Turtleboy. If the law itself is ruled to be unconstitutional, then it means that I could not be charged with violating that law.
Yesssssssssssss. These people need to be STOPPED!!!!!! FKR FTB 💜
I would say the people who are failing to step in from the MA Attorney General to the DOJ need a little attention.
So when are we going to bring the legal, peaceful protest to Boston and demand action from our DOJ & our Attorney General?
What the fuck?
….over
How correct you are. Enough of this shit.
Let’s not forget who the AG was when the initial coverup took place.. our current Governor. You don’t think she & Morrissey have vested interest in this case’s trajectory and those exposed in the process? Runs deep.
It’s a bit strange what they got Rachel Rollins on.
I’ve seen politicians do worse and it passes them over. Many examples with one google search.
She has been very quiet as well.
I put nothing past the deep imbedded Massachusetts politicians.
Remember some of the same ones were opposed to bringing light to the horrific Boston archdiocese pedophile crisis.
Getting warm. 😉
Getting warm on which part?
Please share!
We need a million people march to the State House that might get their attention.
Again, I simply cannot understand how anyone could think/feel that this Law Enforcement Agency would not benefit from an audit.
This is taking place in America. This is taking place in a country which prides itself on its Bill of Rights.
Too many skeletons in their closet to embarass themselves with an audit. They have a history of protecting their own from scrutiny. Like covering up vehicular homicide by a CPD officer.
Sandra Birchmore (cough, cough)
They have something to fear cuz they’ve got something to hide.
I am continually amazed at how much that deadbeat never-pays-his-bills murderer, Chris Albert has the police chief, the cops and DA in his pocket. THIS is exactly why he ran for office and I give the conniving bastard credit for protecting himself by doing so. He knew he’d need to hide behind their protection so getting elected and controlling the purse strings have made the Canton cops afraid to cross him.
Unfortunately for him, like all organized crime bosses, the “time for honoring yourself will soon be at an end.”
The thing is, he is just the puppet.
He brings nothing to the table.
He is not the family member people were afraid of.
He just happens to be related and could sit back and be pompous.
but he’s witless!!! I mean a witness! What pathetic losahs trying to manipulate the system to cover their criminal behavior and persecute lawful citizens who expose them.
Question about Chris Albert… wasn’t Meals Tax one of the things he wasn’t paying? If so, how is D & E still open?
Helena Rafferty is a fuckin Cunt who should be tarred and feathered, like the old days. But no, she holds a position of power that she has zero right to hold. What’s her special ability, sucking off Capn Ken Berkowitz, the man with laser vision??? Maura, get your head out of all that statie pussy you’re sexually harassing and do something you useless lezzy twat. God this case is making me sick. Free Karen Read now!!! TB too. Hey Tully, you eunuch, how many more man hours are you gonna waste chasing Aidan instead of the real criminals in this god awful state?? Sorry for my vulgarity, I’ve been driven to it by the disgusting corruption in this state
You are not alone in your disgust and anger.
It’s just ridiculous.
Yea she is a fracking see u next Tuesday.
Can tell by the docket the case has been assigned to Judge Casper. a a good judge for this type of case. I like TBs chances here. Now he’s finally in a real court. 80% chance she grants TBs emergency motion.
Who even knows anymore?
Al faith lost in the MA judicial system.
I think you might the closest thing to an avenger that we got. A turtle whose nuts are so big that he is willing to stick his neck out for truth and justice. Now all we gotta get a you is a fortress of solitude.
Let’s Invite Attorney General Andrea Campbell to the Canton Special Town Meeting on November 20 at 7PM at Canton High School. Check out her MA.gov page this office protects civil rights and offers legal representative. An audit makes good fiscal sense and is a good start for Canton.
Adding to my previous comment after reading the entire complaint. I think Casper will definitely issue the injunction against Rafferty and the other Brown Shirt shitbags trampling on everyone’s first amendment rights. Enjoy the temporary victory Chicken Parm. Like Randazza said if we all were holding signs saying Chis Albert Has a 10 incher no one would have a problem. However, I don’t think she’ll issue at this time a declaratory judgment that the entire Mass Witness Intimidation Statute is unconstitutional. It’s a state statute and she’ll likely want TB to take it up to the SJC first, and if they hold it is constitutional then she would entertain a habeas petition to federal court striking it down. But good for TB and Randazza for asking. Why not! cause they are 100 percent right the statute is so amorphous. It’s shit. Jamie Eldrige probably wrote it. Great work Marc and TB!
How is D&E Pizza allowed to have that bench blocking the sidewalk? The sidewalk is too narrow to allow someone with a wheelchair to navigate between the bench and the cutout in the sidewalk for the tree and electrical box. Wheelchair users should not have to endure this inconvenience.
I’d be interested to see what the Disability Law Center thinks of this bench placement.
The bench and its placement belong to the Town of Canton. Business owners have no input.
Rich Farris needs his bench!!!
Stop infringing on the rights of Peter Griffan!
They were on a public way. Unless Chris Albert had orders of protection or harassment orders against any of the plaintiffs, they were absolutely within there right to stand there with signs. #FreeKarenRead
It’s getting a lot worse for the Canton crew. Mello won’t be practicing for long.
Check out the Thirteenth Juror podcast for excellent Canton Conspiracy fact-based analysis while our award-winning journalist enjoys time with his family. Thanks for your bravery in speaking out, Doc.