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Over the weekend Brian Albert’s attorney Greg Henning was served with a subpoena compelling his client to appear in Norfolk Superior Court on Thursday at 9:30 AM for an evidentiary hearing. Despite the fact that a dead body was found on his lawn, and that Albert claims to have nothing to hide, his attorney Greg Henning filed a motion today asking the court to quash the subpoena. Shortly after that DA Michael Morrissey and ADA Adam Lally filed a motion to cancel the hearing altogether. They’ve had three weeks to do this, and chose to wait until Karen Read’s attorneys were in flight from Los Angeles to Boston on Karen Read’s dime. A hearing to decide whether or not the hearing will move forward is now set for Wednesday at 10:30 AM in Dedham.
I will be in Dedham on Wednesday, and Thursday now if they are unsuccessful. The court is open to the public and I encourage all who seek justice to attend.
Brian Albert seemingly had no idea this day would ever come and was taken by surprise. Unlike Jen McCabe he has remained hidden since this began unraveling in April, and is rumored to be living somewhere in Norwood. The whole purpose of this hearing was to determine whether or not the defense’s forensic cell phone expert’s findings about Jen McCabe’s deleted Google search and phone calls are legitimate. If they are, then it directly implicates Brian Albert because it means that John O’Keefe was in his house the night he was killed.
The only real argument made in Albert’s opposition is that the court already denied a motion by the defense to force him to hand over his cell phone last October. He claims that “nothing has changed” since then, and thus there is no reason for him to be cross examined by Karen Read’s attorneys.
Except lots of things have changed since then:
- Forensic expert Rick Green examined (paid for by Karen Read) Jen McCabe’s phone and discovered that she Googled “how long to die in cold” at 2:27 AM, despite allegedly believing that that O’Keefe had gone home with Karen Read.
- Jen McCabe’s phone shows that she called Brian Albert’s wife 4 minutes after finding O’Keefe’s body, but despite answering the phone neither he nor his wife came outside to find out more information about the dead cop on his lawn.
- Apple health data shows that John O’Keefe was not only inside 34 Fairview Road, but ascended and descended stairs from 12:21 to 12:24 AM.
Shortly after Albert’s motion the Commonwealth filed their motion to cancel Thursday’s hearing altogether.search.page (42)
They filed this motion after finding out that Albert, Jennifer McCabe, and Troopers Michael Proctor and Nicholas Guarino were subpoenaed by the defense. As usual, they called the examination of potential witnesses at the trial to be a “fishing expedition.”
This is not a fishing expedition:
- Trooper Guarino is the Commonwealth’s “expert” who handed over to the defense what he claimed was a complete extraction report of Jen McCabe’s cell phone. ADA Lally later admitted that his complete report did not include any of the deleted searches and phone calls made by McCabe that morning. Since Lally is claiming that it was the defense’s forensic expert Rick Green who made a mistake, then surely the defense should have the opportunity to cross examine Guarino and ask him why he missed so much incriminating information on Jen McCabe. How exactly does Guarino qualify as an expert on anything?
- If the cell phone data is legitimate then Jen McCabe has to explain to the defense why she Googled “how long to die in cold” at 2:27 AM, and what she said to Nicole or Brian Albert when she called them twice at 6:07 and 6:08 AM. She also has to explain why she deleted 2 hours worth of searches and phone calls.
The Commonwealth claims that speaking to these witnesses, who would like to put Karen Read in jail for the rest of her life, is “improper, unnecessary harassment.”
Meanwhile, Karen Read is being harassed by having to pay hundreds of thousands of dollars in legal bills, losing her driver’s license and ability to work, and living with the daily anxiety that a person would experience if they were facing life in prison. The Commonwealth is supposed to represent John O’Keefe and his family, but they constantly act as if they represent the Alberts, McCabes, and the Massachusetts State Police.
Jen McCabe’s attorney Kevin Reddington has sobered up and also filed his own motion asking the court to quash the subpoena against his client on the same grounds.search.page (44)
He doesn’t want her to be embarrassed, because he knows she will be. But not nearly as embarrassed as she was when her high priced attorney showed up on our Facebook page calling me “turd boy” in incoherent ramblings.
On May 3 Adam Lally promised the court that at the May 25 hearing they would be proving that forensic expert Rick Green was wrong when he determined that John O’Keefe was in the house at 34 Fairview Road by 12:21 AM, and that Jen McCabe deleted a 2:27 AM Google search for “how long to die in cold.” They told O’Keefe’s brother that they had a bombshell to drop that day that would completely discredit the defense.
Now at the last minute they want to cancel the hearing altogether. This is a weak, desperate, last ditch effort by a corrupt prosecutor who knows that the walls are crumbling around him. Lally and Albert are asking Judge Cannone to cancel school because they didn’t do their homework. But we all know why Lally wants to cancel the hearing.
He doesn’t want to hold this hearing because he has nothing to ask Rick Green, and no way to disprove his findings.
He doesn’t want to hold this hearing because he knows that Jen McCabe will be as horrible on the witness stand as Heather Unruh was (part 36) in the Kevin Spacey trial, and that it will lead to this dismissal of the charges against Karen Read.
He doesn’t want to hold the hearing because Proctor and Guarino have no explanation for why they handed over extraction data that intentionally hid exculpatory evidence. He needs these troopers to have credibility because it will affect their ability to testify in the Brian Walshe murder trial.
He doesn’t want to hold this hearing because he knows that once the court determines that the cell phone data is legitimate then it will be determined that John O’Keefe was inside 34 Fairview Road, and thus could not have been killed by Karen Read.
Lally and Morrissey don’t want to hold this hearing because they’re just as legally culpable as the rest of the conspirators. They want to send Karen Read to jail for this murder so they can pad their conviction rate stats. They want to at least lose in trial so they can tell the O’Keefe family that they tried, and make them believe that Karen Read paid good attorneys to avoid prison.
P.S. Where is SPAM President Patrick McNamara? Three weeks ago he attended the hearing to support his troopers, and was bragging about how the Massachusetts State Police have the best conviction rate in the country. Doesn’t he want the world to see how capable his acolytes Nicholas Guarino and Michael Proctor are? This is a chance to display to the world that the MSP is the most capable and trustworthy law enforcement agency known to mankind. I hope to hear from him soon about his desire to see the hearing move forward as planned.