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Late Friday afternoon Norfolk Superior Court Judge Beverly Cannone ruled in favor of the motion made by Karen Read’s defense team in court May 3, to force Canton Animal Control to hand over information about the whereabouts of Brian Albert’s re-homed dog, which is suspected of biting John O’Keefe in the arm the night he died.search.page (41)
This is a major victory for Karen Read for several reasons:
- Prior to this ruling Judge Cannone has denied most of the defense team’s motions, preventing them from getting key evidence that can prove Read’s innocence
- The detailed 5 page memorandum is much longer than any of Cannone’s prior rulings, which usually are just approved or denied, indicating that she knows the feds are watching this case carefully
- The pressure from having a full courtroom, complete with news cameras and other attorneys, made Cannone realize that her career is on the line here too
- The mere fact that Cannone considers the dog to be credible evidence indicates that she believes O’Keefe was inside the house
- If the dog is not alive it will cast serious suspicion on Brian Albert
The judge noted in her memorandum that the animal records were relevant, and not part of a fishing expedition as Adam Lally claimed, because it would show that the dog was prone to attacking people, and thus likely to attack O’Keefe. She noted that an expert believed that the marks on John’s arm were from a dog attack, and that the animal control records are relevant to the defense’s third party culprit defense. She said that it was “reasonable” to assume that the animal control records would help the defense identify witnesses and find the whereabouts of the dog so they can test it for DNA.
Again, she could’ve just written “approved,” as she’s done before. Instead she waited two weeks before dumping this 5 page document on a Friday afternoon. She knows that this case is being followed by millions of people, including the US Attorney’s Office. She doesn’t want to go down with the Norfolk County DA’s Office who she’s been showing clear favoritism for up until now.
The tide has clearly turned in this case. But prior to today it was mostly in the court of public opinion. Now it’s happening in an actual court. Thursday’s evidentiary hearing is sure to be more explosive. Stay tuned.