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Ken Mello was interviewed outside of court today after we left and the statements he made were rather telling.
“There are things you cannot do regarding witnesses that you cannot do to other parties. You can approach parties in a number of ways and ask them questions. When they become witnesses in a case it becomes a different standard.”
And therein lies the problem, Ken. In the United States of America we do not have two sets of laws for citizens. In a free country you can approach ANYONE and ask them questions. But Ken Mello believes that the statute creates a special class of citizen called a “witness,” which includes witnesses in ANY legal proceeding, as well as their family members and other “potential witnesses.” A potential witness is basically anyone who wants to call themselves that, and a “family member” could mean sixth cousin or ex-sister in law, because the statute doesn’t define what that means. The First Amendment simply stops existing when you come in contact with this special class of American citizens.
Thanks to the overreach of the Norfolk District Attorney’s Office, Ken Mello has exposed the unconstitutional nature of the witness intimidation statute. It was always there, but only a corrupt institution run by a criminal like Michael Morrissey dared to exploit it in the way he has. Prior to this the statute was used for its correct purpose – to protect witnesses from being physically intimidated into altering their testimony for trials. But in my case they have weaponized the “emotional harm” provision by pretending that thugs and bullies like Chris Albert and Jennifer McCabe are somehow victims because they got their feelings hurt when people finally stood up to them.
This was the perfect question from the WCVB reporter who redeemed himself after asking me the very bad question in October about making $5 million off the Karen Read case:
“Can they speak out about this harassment? Why don’t we see them with the same fervor as the supporters (of Turtleboy and Karen Read)?”
Such a great question. I have never seen an arraignment in which not a single “victim” or family member of a victim shows up to court. But every single person in the courtroom besides Brian Tully was a turtle rider.
The Karen Read case is the only time I can ever remember in which the “witnesses,” lead detective, and prosecutor all are afraid to give statements to the media. This is not how innocent people behave. Innocent people are not afraid to answer simple questions that can clear up any confusion about claims made by the defense.
Why aren’t the McAlberts on the courthouse steps calling Karen Read’s defense attorneys liars? Why aren’t they pointing out in public that she is the killer, and not them? These are things innocent people would do.
Mello had a great answer for the reporter though:
“What I can tell you is those witnesses are contacting us on pretty much a daily basis because it’s ongoing with them.”
Chris Albert and Jennifer McCabe call him “pretty much on a daily basis” to complain about YouTube videos. Mello doesn’t watch them himself because he’s a boomer who can’t figure out how to use the YouTube machine, but he knows when Chris and Jen call him with an out of context clip he has to immediately call up the courthouse and complain about it.
This is what your tax dollars are paying for.
Mello: “If Mr. Kearney was walking by within 50 feet of someone that wouldn’t be a violation. If he approaches a person in a way that appears to be intimidating we believe that’s a violation of the statute.”
Reporter: “But he would have to break the law to be in violation?”
Mello: “He broke the law originally to be charged.”
Reporter: “How close are you to asking for bail or a dangerousness hearing?”
Mello: “It depends how Mr. Kearney behave. These witnesses, the victims, their lives have been upended. Put yourselves in a position gentlemen. If someone to occur right here and you became a witness for the Commonwealth. And someone took up the cause of the suspect, would you want yourself and your family subjected to this type of harassment round the clock?
Yes, let us put ourselves in the position of the witnesses. If I were Chris Albert the first thing I would do to prove that my son had nothing to do with the murder of John O’Keefe was show evidence that he wasn’t at 34 Fairview Road when John O’Keefe was there. If I were Jennifer McCabe I would simple explain why I Googled “how long to die in cold” at 2:27, and then didn’t go to sleep and paced around my house until 4:53 AM when Karen Read called. If I were Michael Proctor, the lead detective in Karen Read’s murder case, I would actually show up for a single court date. He has never been to one because he’s afraid of answering any questions. This is not how lead detectives in murder cases behave.
The final part was rich:
None of these people chose to be witnesses. None of these people want to be in the position they’re in. But they are witnesses. And to be harassed and intimidated and accused of being killers, and stalked at their children’s games, and at their homes, is not something the government is willing to sit back and watch.
Ya know who else didn’t choose to be in this position? Karen Read. But she is, because the people Mello is framing as victims conspired to frame her for murder. These people all chose to be in this position because they all made the conscious choice to either kill, lie, or cover up a murder. They expected everyone to ignore this, and for a long time they did. And once a journalist started showing up in public and asking them questions they did the only thing bullies like them know how to do – present themselves as victims and run to the men with guns and demand that they arrest the people who are exposing them.