Canton Cover-Up Part 210: Judge Krupp Allows Turtleboy To Attend Karen Read Hearings, Institutes 100 Foot Stay Away Order

 

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Judge Peter Krupp ruled partially in my favor, and partially against me, on our motion to vacate the stay away orders against 8 “witnesses” in the Karen Read case that I cannot have direct or indirect contact with. Judge Krupp instituted a 100 foot ban, preventing me from asking questions to Jennifer McCabe, Matt McCabe, Michael Proctor, Elizabeth Proctor, Julie Albert, Chris Albert, Julie Nagel, and Colin Albert. However, he made it clear that I am allowed to attend Karen Read’s hearings, even if any of the 8 are in attendance.

My Attorney Timothy Bradl issued the following press release in response:

The Norfolk Superior Court issued a split decision today in Mr. Kearney’s First Amendment challenge to the stay away orders issued by the Stoughton District Court.  He preserved Mr. Kearney’s fundamental right to investigate the Read case by allowing him to attend all court proceedings in that case, he agreed the District Court stay away order was too broad, and he reduced it to 100 feet outside of court, but he disagreed with our legal reasoning.

I suppose it is difficult for the trial court to upend the witness intimidation statute on its own  by creating a case of first impression that large parts of it are unconstitutional.  We are confident that the statute will be held unconstitutional in part,  particularly relating to the criminalization of collateral effects of free speech, such as economic harm and emotional injury to witnesses, which are at best collateral effects of protected First Amendment speech in this case.

We expect an appellate court to uphold Mr. Kearney’s, and everyone’s First Amendment rights to exhort witnesses to tell the truth and if that is an effort to change their testimony, it would be a change for the better, and must be protected under the First Amendment. If such efforts also caused emotional upset or economic harm, that is not something that is criminalized under our Bill of Rights. We know we are correct in this constitutional cause, and we will not relent until the statute is put in its proper constitutional place. 

We are weighing an appeal to the Supreme Judicial Court to address what we contend is the trial court’s faulty reasoning. Meanwhile, Mr. Kearney will continue to vigorously investigate the Read case and follow the evidence wherever it leads, all in pursuit of the truth. 

I will be reviewing the judge’s memorandum tonight on Turtle Club at 9:30. Normally this is a member’s only stream, but tonight we will be doing a freebie that anyone can watch. However, after the show it will only be accessible to Turtle Club members, so if you want to watch it tomorrow you’ll have to join Turtle Club by clicking here. We’ll also be discussing the lawsuit filed in federal court against the Canton Police Department.