Editor’s Note: We discussed this latest development on the Live Show last night.
This afternoon I was alerted by multiple sources who work in Stoughton District Court that Jennifer McCabe applied for a harassment prevention order against your favorite award winning journalist. Unfortunately for her (and all of you) it was not only denied on the spot, but she was also denied a two party hearing as well.
As you know if you follow this blog, I get summonsed to court for HPO hearings a lot. HPO’s are for non-family members, and require that the plaintiff be the recipient of 3 or more instances of unwanted harassment, that the harassment was designed to put them in legitimate fear, and that the harassment did in fact put them in legitimate fear. A judge has 3 options when a plaintiff comes in front of them asking for an order:
- Issue a temporary emergency ex parte order, that is good for no longer than 10 business days before a 2 party hearing is held, during which the judge can extend the order for a full year.
- Set up a 2 party hearing without the temporary ex parte order.
- Deny the temporary order and deny the 2 party hearing altogether.
People file for these on me a lot, and almost every time it’s #1 or #2. The temporary orders are supposed to only be for emergencies. For instance, a judge denied an order for Jared Remy’s girlfriend and shortly after that he killed her. Nobody wants to be the judge who denies an order to a domestic abuse victim who ends up getting killed.
Judges also are supposed to be careful to not hand out these orders like nothing, because doing so limits the civil rights of the defendant. Their speech and travel are both limited while the temporary order is in place. Any infringement on free speech rights of an American citizen should be considered a HUGE deal, but as we’ve seen a lot of judges don’t care.
Krusty Panties got ex part orders on me twice that I beat at two party hearings, because she lied to the judges the first time. Mike Giannetti was able to get an ex parte order despite rambling on in crackhead English in West Roxbury District Court. Leigha Genduso and Ashley St. Angelo have received temporary orders against me from judges in other states that I’ve also beaten.
The danger of the ex parte order is that during the 10 days before the two party hearing you can be arrested for anything that resembles violating the order. Most recently Krusty Panties (Katherine Peter) got a temporary order on behalf of her 16 year old daughter after telling the judge that I was trying to kidnap her. A few days before the 2 party hearing Krusty Panties called her daughter’s phone and “spoofed” my number to make it seem like I was the one calling her. She then went to the North Attleboro police with that, they obtained a warrant for my phone records, and discovered that I hadn’t called her.
Three years ago after receiving a temporary order Krusty Panties used a burner account to log into our Facebook page (she used to work for me), and write a threat to herself:
Luckily I was able to prove that it was her:
Others like Big Black Jeffrey, Tony Branch, Robert Fojo, Charlotte McFarland, and the Worcester DCF Moms have been granted two party hearings without the temporary order. I’ve defeated them all. Although I do enjoy winning these things, the mere fact that I have to spend time driving to court to fight these frivolous filings is a waste of my time. Without solid evidence presented to the court a 2 party hearing should not be granted at all, but unfortunately they are a lot.
So when judges deny the temporary orders AND the two party hearing, it’s usually a sign that the plaintiff’s case was extremely weak. I’m sure this happens a lot with me and I don’t find out about it.
But in the case of Jen McCabe today I did, due to the high profile coverage I’ve given to the Karen Read murder investigation. I assume she tried to get the HPO in order to prevent me from asking her tough questions the next time I see her in court:
I have not read her after David yet, but I have put in a request with FTR to get the court audio from her ex parte hearing this afternoon. I would imagine she cried about me following her around at court, or my upcoming plans to ask her questions at her children’s sporting events. The fact that it was denied tells me the judge understands that the First Amendment allows award winning journalists to ask murder suspects tough questions in public. It also tells me that the judge has likely been following this case (who hasn’t?) and knows that any “harassment” Jen McCabe has received was really just old school rebel journalism at its finest.
I’m told that she had a lawyer too, and that the lawyer was NOT Kevin Reddington, which makes it even crazier. If you can’t get Kamikaze Kevin to cosign your legal bullshit then you shouldn’t even bother trying.
I have to be honest though – this is the first time I’m disappointed after a judge ruled in my favor. When I first heard she was there my loins nearly exploded with excitement. I know how these hearings work. I know that I get to cross examine the plaintiff, and that they have to answer the questions. I knew that I could get her to say something that would be used against her in her upcoming criminal trial. Judge Cannone saved her from being eviscerated in Dedham, but she couldn’t save her in Stoughton.
The bottom line is that Jen McCabe going to court at all was a sign of weakness. It was a loud and clear message that our reporting is getting to her, as much as she pretends it’s not. And the bad news for Jen is that we’re just getting started. Buckle up horse face.
P.S. Here’s some of my greatest HPO hits if you’re new here.