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Editor’s note – my Twitter account @DoctorTurtleboy is suspended for 12 hours (10 PM Thursday) for an old tweet that was reported. Please follow @TurtleboyPhone here to keep up with my tweets.
The arraignment in Norfolk Superior Court on the new charges against me has been moved to tomorrow at noon. When the Commonwealth said they wanted to do this we did not object, as I would rather get it over with before Christmas. I am trying to enjoy time with my kids and my family without this looming over my head. I love them more than anything, and I want to dedicate my time and energy solely to them beginning on Saturday. The court is open to the public. If you’d like to donate to my legal defense fund I could definitely use the help. Click here to donate.
I was originally charged in Stoughton with:
- 8 counts of felony witness intimidation (Colin Albert, Julie Albert, Chris Albert, Matt McCabe, Jennifer McCabe, Julie Nagel, Michael Proctor Elizabeth Proctor)
- 4 counts of misdemeanor picking a witness exclusively for the July 22 peaceful rolling rally in Canton (Julie Nagel, Michael Proctor, Matt McCabe, Jen McCabe)
- 1 count of conspiracy to commit witness intimidation (Jennifer McCabe)
That has now changed slightly.
The grand jury did not indict me on the Julie Albert witness intimidation charge. However, I picked up an additional charge of witness intimidation against Sgt. Yuri Bukhenik, the partner of Detective Proctor. The date of the incident listed was September 15, which means it was from when I confronted Bukhenik outside of court and attempted to ask him what he had done to track down the driver of the Ford Edge that plow driver Lucky Loughran told him was parked outside of Brian Albert’s house at 3 AM in the exact spot where John O’Keefe’s body would be discovered three hours later. Instead of investigating who was driving that Ford Edge Sgt. Bukhenik spent the rest of the interview pursuing the angle that Loughran had been illegally wiretapped by me.
Obviously this is concerning, because the police seem more interested in investigating a journalist than investigating the murder they’ve been assigned to investigate. On the way out of court I attempted to ask him about this, but he had no comment. I, along with dozens of other people, exercised our First Amendment rights after that in sharing our opinions about the type of person he is.
You are allowed to called police officers “losers.” You are allowed to call corrupt police officers “pigs.” You are allowed to call them a disgrace. You are allowed to give people nicknames, such as calling someone Bukkake because their last name sounds like a sexually explicit term. It is perfectly legal to use foul language while doing so. Some may find that offensive, but the First Amendment protects offensive speech, and it is not against the law.
At no point did any of the uniformed troopers attempt to stop me because they knew I wasn’t doing anything illegal. At no point did I attempt to alter Bukhenik’s testimony. At no point did I attempt to cause physical, emotional, or economic harm to Bukhenik. There is absolutely nothing about that video that constitutes witness intimidation. In fact, one can argue that the only person intimidating anyone in that video was Bukhenik. As he walked out of court he made sure that I saw his gun.
In Lt. Brian Tully’s application for the search warrant for my phones and computer Tully stated that Bukhenik was only in court as a spectator, and not in his official capacity as a witness or detective.
But if that is the case then why did he have his gun, badge, and handcuffs on him? Civilians cannot bring firearms into court. Only police on official duty can. And if he wasn’t on official duty, was he still being paid? Cops get paid for court appearances, and he clearly came to court in his official capacity as a cop, despite the lie Tully told on the warrant application.
As Bukhenik got into his Chevy Malibu he made sure to remove his jacket first in order to brandish his gun, magazine, and handcuffs.
On his way out Bukhenik made an explicit gesture towards me by making a conscious choice to use only his middle finger to steer the wheel of his vehicle.
This is not someone who was not the least bit intimidated by anything I was saying. This is a corrupt police officer using his gun, bad, and fingers to intimidate a journalist he was maliciously trying to investigate instead of finding out who was driving that Ford Edge.
I was also one of dozens of people directing protected speech at Bukhenik.
No one else was charged, nor should they be. The First Amendment protects all speech that you witnessed in that video. Only I am being charged because only I have a platform that can reach millions of followers, so I am the only person they are concerned with shutting up.
I am also being charged with picketing a witness for Brian Albert because we went to his home in Norwood at the beginning of the rolling rally. Norwood goes to Dedham District Court, not Stoughton, so they could not charge me with that in Stoughton.
At the 7:45 mark you can watch the entire 6 minute ordeal at Brian Albert’s house, which he was not home for. At no point do I attempt to interfere with, obstruct, or impede the administration of justice, nor did I do anything with the intent of influencing Brian Albert with the discharge of his duties as a witness. At the 9:00 mark I go to the building’s parking lot and specifically make note that none of the Albert’s cars are there.
The statute clearly says “in or near a building or residence occupied or used by a witness.”
Brian Albert was not home during the rolling rally, therefore he was not occupying or using that building.
Finally, I am being charged with conspiracy to commit witness intimidation against Elizabeth Proctor and Michael Proctor. This is a retaliatory charge for the September 25 article I published, which accurately reported that Jennifer McCabe’s car was seen parked outside the Proctor’s house at 6 PM, and that both of the Proctor’s vehicles were in the driveway. This was a major piece of evidence in proving that a conspiracy took place in the Karen Read case because a month prior to that DA Michael Morrissey stated in a press release that. “Trooper Proctor had no close relationship with any of the parties involved in the investigation, had no conflict, and had no reason to step out of the investigation.”
My reporting proved that Morrissey, who is under federal investigation for corruption, intentionally lied to the public about the close relationship between his lead investigator and the star witness for the Commonwealth. In fact, my reporting forced the Commonwealth to admit in the charging documents against me that Jennifer McCabe was the the Proctors on a social “bonding” visit. This information has since been used by Karen Read’s attorneys to file a Rule 17 motion for the Proctor’s phones that will be argued in court on January 5.
You cannot be found guilty of conspiracy to commit a crime that doesn’t exist. It is not “witness intimidation” to report factual news that the DA lied about a relationship between his lead investigator and star witness. It is not a conspiracy to commit witness intimidation for a person to volunteer to run a license plate, who has no idea who the license plate belongs to or what it’s being used for. It is not a conspiracy to commit witness intimidation for a journalist to report information provided by a third party, not matter how it was obtained. This has been established with case law when Daniel Ellsburg provided illegally obtained “Pentagon Papers” documents to the New York Times proving that the Johnson administration had lied about expanding the Vietnam War into Cambodia.
Everything I’ve done is perfectly legal, and I look forward to defeating these charges and pursuing our mission to get justice for Karen Read and John O’Keefe.