Canton Cover-Up Part 260: Judge Krupp Drops All Stay Away Orders Against Turtleboy After Dressing Down Ken Mello For Coming Unprepared To Arraignment

 

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Today’s arraignment in Norfolk Superior Court was a complete disaster for the Commonwealth and the first of many victories to come for Team Turtleboy. Although we came to court fully prepared to defend ourselves against the 16 charges I’ve been indicted for, we didn’t have to argue any of them because the Commonwealth chose not to re-read their 70 page indictment of my greatest hits. The big takeaway on the day was that the stay away orders were all dropped and for the first time Special Prosecutor Ken Mello seemed flustered that he didn’t get his way.


Mello claimed that I was encouraging my “minions” to harass witnesses.

The fact that he would degrade our followers as if they are mindless idiots blindly following the leader, instead of the thoughtful, intelligent, and civically engaged citizens they are, speaks volumes of his disdain for Free Karen Read supporters.

Mello brought up his concerns that he believes Turtleboy violated the conditions of bail, which he provided in a video to the court.

“This is a disingenuous way for the defendant to encourage others to harass witnesses and picket in front of their homes, etc.”

This was the video he was talking about:

“I can’t encourage you guys to hold protests. But I saw someone post last week that we shouldn’t hold protests, Aidan wouldn’t want us to. I am not saying I want you to. What I am saying is you don’t speak for me. Don’t put words in my mouth. Especially when I can’t speak and respond. I think everyone knows the type of things I support and I like. For instance, I like how all these people are going to board of selectman meetings. I like that that’s happening indenpendent of me. If I were to be prevented from going to D&E Pizza and couldn’t hold protests anymore, and all of a sudden the protests stopped, who would like that? Who wins in that situation? Use your head.”

I couldn’t have been more clear – I am not encouraging anyone to hold protests because I didn’t want to do something that could be construed as indirect contact. I just don’t like it when people speak for me. However, I do enjoy watching people protest without me because it proves that this whole thing isn’t just about me. As my attorney pointed out:

“Mr. Kearney has a First Amendment right to encourage people to exercise their First Amendment rights. He can share his views with his readers or his viewers and they can do what they want. He’s allowed to encourage them to speak out against what he sees as corruption, what he sees as mismanagement of the Read case, et cetera.”

This is exactly why the stay away orders were so problematic to begin with – we knew that the Commonwealth would take my words out of context and present them to the court in bad faith in order to have me violated and sent to jail for 90 days. As long as those were in place I had a cloud hanging over my head. There are no shortage of people with nothing but time on their hands who hate watch every episode of the Turtleboy Live Show, hoping to find some clip they can argue is “encouraging indirect contact.” They all have Ken Mello and Brian Tully on speed dial.

But luckily as a result of Ken Mello’s ineptitude there are no stay away orders any more. That’s because Rule 58, which applies to district court, allows the judge to put stay away orders in place against defendants, but Rule 57, which applies to superior court, does not allow judges to put stay away orders in place. In other words, by indicting me and moving the case from district to superior court Ken Mello accidentally restored all of my First Amendment rights.

Who’s a minion now?

Ken Mello was like the kid who didn’t do his homework but tried to read his book report to the class anyway.

Mello: “Perhaps language that encourages others to do so. Maybe not even mention the names of the victims that appear here. If you see it you know what it is, but it’s hard to define it.”

Krupp: “Under what statute do I have the authority to compel Mr. Kearney to stay away and have no contact with the victims?”

Mello: “Your honor, it’s common practice…”

Krupp: “I’m not talking about common practice Mr. Mello.”

Mello: “Fashion some kind of order preventing the defendant from going online and encouraging his followers to continue the intimidation.”

Krupp: “What do you want me to say?”

Mello: “That he should not….uhhh….encourage, intimidate, directly or indirectly, to have his supporters approach witnesses.”

Krupp: “That’s what the district court says.”

Mello: “I don’t believe it precludes this court from doing so.”

Krupp: “Do you have a case that says that? You came in asking me to set release conditions that you knew he wasn’t going to consent to. I’m looking for some authority that you might have indicating that I have the power to do it.”

Mello threw up a hail Mary when he asked the judge to impose a $1 bail and “ask that he be ordered to obey all laws.”

Krupp: “I don’t have to order him not to commit a crime. He knows that if he commits a crime, he’ll be back in front of the court in quick order. You’ll make sure of that, Mr. Mello, I’m sure.”

Loved the subtle jab at the end.

“We know you’re a whiny little minion who’s constantly in here looking to violate him because you’re Chris Albert’s bitch and he told you to.”

Here’s the thing Ken – no one is allowed to commit crimes. It doesn’t just apply to people released on bail.

Truth be told I would’ve been happy with a win or a loss today. You can’t overturn the unconstitutional statute if you don’t get to the SJC, and you can’t get to the SJC if you don’t have a loss to appeal. But I’ll settle for the complete and total victory of having my First Amendment rights restored, and it was an early Christmas to watch Ken Mello get dressed down like that. This was the first of many victories to come for not only me, but for the dispatcher, the Canton 9, and Karen Read.

 

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Hello Turtle Riders. As you know if you follow Turtleboy we are constantly getting censored and banned by Facebook for what are clearly not violations of their terms of service. Twitter has done the same, and trolls mass reported our blog to Google AdSense thousands of times, leading to demonetization. We can get by and survive, but we could really use your help. Please consider donating by hitting the Donation button above if you'd like support free speech and what we do in the face of Silicon Valley censorship. Or just buy our award winning book about the dangers of censorship and rise of Turtleboy:  Qries
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