TB Investigates

Canton Cover-Up Part 59: Judge Cannone Denies Defense Access To Brian Albert, Jen McCabe’s Cell Phone Records After Bating Turtleboy To Leak Ruling In Fishing Expedition

 

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Judge Beverly Cannone has issued her ruling denying Karen Read’s defense team access to Brian Albert and Jennifer McCabe’s cell phone records, more than two months after a hearing was held on the matter in Norfolk Superior Court.

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I expected nothing less from the judge, who Jennifer McCabe’s brother in law referred to as “Auntie Bev,” and whose Cape Cod summer home yard Sean McCabe promised to bury my corpse in.

Cannone said that she must balance Karen Read’s right to mount a third party culpability defense with “unwarranted harassment of witnesses and third parties.”

Yet this same judge just a few weeks prior issued a ruling granting the defense access to Canton animal control records. She specifically stated in her ruling that Karen Read’s theory that John O’Keefe was bitten by Brian Albert’s dog “is supported by expert evidence that an animal caused some of the injuries.”

Thus she affirmed her belief that the dog bit O’Keefe. Thus she conceded that there was reason to believe that John O’Keefe stepped foot in the house, which means Karen Read didn’t kill him, which means someone in the house did. Therefore it’s not “unwanted harassment” to grant the defense access to Albert and McCabe’s call records, since they would be considered suspects, not witnesses. Beverly Cannone is preventing access to Albert’s phone in order to protect them.

Cannone further states that the unanswered phone call that McCabe made to Albert after discovering O’Keefe’s body does not establish a meaningful connection to Albert’s cell phone and this case, and that Karen Read has not pointed to any evidence that does so.

Except they have. In their filing the defense team pointed out that Apple Health data recorded O’Keefe ascending and descending stairs inside 34 Fairview Road.

Judge Cannone completely ignored this critical evidence that O’Keefe was inside Albert’s house, despite previously affirming that he likely was in the house when she approved the motion for animal control records.

The defense also wanted access to Jen McCabe’s call records. Although McCabe handed over her phone and a forensic expert found the deleted 2:27 Google search for “hos long to die in cold,” there could be more phone calls, text messages, or searches deleted by McCabe. McCabe can delete her calls and texts, but she cannot delete her phone records. However, Cannone ruled that Read “has not provided a sufficient factual basis that the cell phone records may be relevant to her defense.”

This is utterly absurd and insulting to anyone who’s been following this case. Of course the defense has provided sufficient factual basis that McCabe’s cell phone records may be relevant to her third party defense strategy. Forensic expert Richard Green testified under oath that McCabe deleted incriminating Google searches and phone calls made before and after O’Keefe’s body was discovered. Unfortunately Cannone decided to cancel the evidentiary hearing where the Commonwealth would’ve been able to cross examine Richard Green in an attempt to prove he was mistaken.

Cannone even put a footnote in the ruling that the court assumes McCabe’s deleted 2:27 Google search was legitimate, despite Lally’s baseless assertion that it never happened.

Nevertheless she denied the defense access to critical evidence that could prove who killed John O’Keefe because it would intrude on the murderer’s privacy interests.

It’s interesting to note that Cannone made her ruling yesterday afternoon. How this usually works is that the court enters that a new filing or ruling has been made on the docket found on Masscourts.org. Normally it takes about 30 minutes AT MOST for the court to add an attachment with the memorandum explaining the ruling. I checked repeatedly yesterday and no link to the ruling was added. When I woke up today I checked again and it still wasn’t there.

This was suspicious so I tweeted about it and made a Facebook post:

Cannone has been looking for a reason to gag the defense, and currently has a motion from the prosecution to do so. The Commonwealth made it clear that they believe that the defense is feeding me confidential, non-public information, which is leading to harassment of Jen McCabe. If I were to make a post about what her ruling was, without that information being made public, it would prove I got information from the defense.

In other words – she’s going on a fishing expedition for turtles.

Of course I didn’t have that information so I never posted it. I don’t work for the defense, I work for the law abiding public that demands answers. Within 30 minutes of my tweet and Facebook post Cannone uploaded her ruling to Masscourts.org. There is no way this is a coincidence. Cannone and Lally are monitoring my social media and blog, and tried to bate me into posting information I did not have in an attempt to gag the defense.

Beverly Cannone is a corrupt judge and a disgrace to her profession. Her father previously worked for the Norfolk County DA’s Office, who she is now doing favors for.

Prior to that she worked as a public defender. Cannone has always favored the underdog, and has a soft spot for murderers.

This may lead you to believe that she would be favorable towards Karen Read. But this is not a normal case. In this case Cannone views Lally as the underdog because he’s the home town kid going up against some of the best attorneys from Boston and Los Angeles. She views Jen McCabe as the underdog because I have confronted her in public twice, prompting her to apply for a harassment prevention order, and the public overwhelmingly believes she helped coverup O’Keefe’s murder. She views Albert and McCabe as underdogs because millions of people know that they’re hiding information about a murder. She DOES NOT view Karen Read as an underdog because Read gets cheered on the way into and out of court, has some of the best defense attorneys in the country on her team, and overwhelming support in the court of public opinion.

In other words, she views McCabe and Albert as defendants, not witnesses, and has always had a soft spot for protecting the privacy rights of criminal defendants like the individuals she represented.

Many have asked me if they can ask for a new judge, and the short answer to that is no. You can’t go judge shopping in a murder trial. However, the judges in every court work on a rotation. In the Tony Branch lawsuit we argued in front of at least three or four judges because the case went on for three years. Cannone was not the original judge on this case, and the previous judge (Krupp) made more favorable rulings for the defense. It’s unclear when Cannone’s turn in the rotation is up, but it’s likely coming soon because she’s been on this case for almost a year now.

What is clear is that when this is all said and done Judge Cannone is going to look foolish, unethical, and corrupt.

 

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42 Comments

  1. Is the state working to “throw” this case? Hoping someone with real knowledge of how the procedural stuff in a case such as this works can shed some insight.

    Withholding so much in the way of what could be exculpatory evidence just seems such a clear violation of the defendant’s rights – it’s hard to imagine anything other than that charges will be dropped or Karen Read will (appropriately) be found not guilty, should the case go to trial.

    Unrelated: what are Colin Albert’s parents up to as all this unfolds? Surely they have full knowledge of their son’s role in what happened to John O’Keefe.

  2. cant wait for her rotation to come up, they tried to have you make it easy to gag the defense lawyers

    1. Because you can’t unless you get fed the documents by an actual attorney. How many of these blogs do you have to read to understand that this individual does not understand how to interpret a legal document? He can’t even use the proper BAIT in a sentence. It’s sad because he comes from a smart family so I’m sure he spends a lot of time feeling left out and inferior to his parents and siblings. He tries so hard but just can’t put it all together. I guess the easiest thing for him to do was to start spouting off a bunch of random thoughts for attention and so it sounds like he knows what he is talking about but anyone with even a college education can see that it is a real struggle for him to understand the legal system.

      1. TB has been around since 2017. Welcome to the Big Spotlight, Canton Douche. Look at how many people are following *this* story. He’s been blasting people for years. We are always watching. Turtle Riders are *everywhere* we’ve just been growing and growing…

        “It’s sad.” That is “so Canton” it hurts. Ew. How’s Auntie Bev’s cottage? Probably nice this time of year. Did BPD buy it? MSP? We shall see.

        1. I always try to figure out which pos is commenting. My money is on Jen and that see u next Tuesday proctors wife. I hope they all fry for this, despicable scum the lot of em.

        2. The big spotlight?! Have you ever left Massachusetts? Now that is some funny shit. No one has ever even heard of Turtleboy besides the ten of you and the websites he buys his bots from – unfortunately I had to be introduced to him through his obsession with this case. I think he thinks Karen’s going to become his girlfriend after this or something. Someone has to break it to him that she’s paying him for the publicity – she doesn’t really like him.

          1. There’s people I’ve read in the comments section from other countries and definitely From other states. You know TB is the reason this story is being picked up by other outlets. No one says the things you’re saying the way you’re saying them if you aren’t actually concerned this is getting a shitload of traction.

      2. I heard someone emailed the colleges of Jen McCabes daughters and told them about this goings on

      3. Why don’t you share your extreme intellect with us then? It’s easy (and cowardly) to just lob bombs like you do. Teach us something or STFU

      4. Ironically, you call us sheep when you’re so blinded by (likely) guilt or devotion to homicidal assholes that you think a Lexus lacerated a man’s arm like he shoved it in a blender.

        Was it you that Googled “hos long to die in cold?” And if it wasn’t you, explain away that ONE piece of evidence. Not all of it, just that one. We’ll wait

      5. I think that the above poster is actually Sean McCabe. He and his family are nothing but PURE WHITE TRASH. I am going to email all the clients of Elevate Technology Solutions and tell them how how Matt McCabe may likely be involved in a cover up.

        1. Okay here’s something for you. Client lists are confidential and stealing them can constitute conversion of a trade secret which is punishable by fines and jail time under Massachusetts law. So have fun with your little email campaign Tim!

          1. Hey, MORON, I mean Sean. The client list is in the Elevate Technology Solutions website. So, tell us, were you in the Resource Room at Stoughton High?

        2. Tim I think you might have hit a raw nerve with Seanny boy here. Lol. GFYS Sean and the whole lot of you.

      6. Michael Proctor’s wife is a 2006 graduate of Belmont High. Her maiden name is Siracusa. Her brother James is a Detective on the Belmont Police Department. I think we should email him and his colleagues, asking their opinion on not only Proctor’s role in the cover up, but also what he thinks of his sister’s behavior in calling peoples places of employment.

        Below is a link to the Belmont High Yearbook, as well as a list of Belmont Police Department employees and email addresses.

        archive.org/details/belmonthighschoo2006belm/page/72/mode/2up

        belmontpd.org/about-belmont-pd/pages/department-roster

  3. The State has a big problem on their hands. If they allow the truth to come out, every murder case Proctor worked on will be called into question. It will be like the drug lab situation all over again. They are going to do everything possible to keep that from happening. Losing Rollins may keep the feds from stepping in and exposing the truth.

    1. Yup!!!!!!! They’ll take this woman’s life and let murders walk, because their office is so corrupt. What’s the point!? It’s unreal.

  4. Perhaps there’s skeletons in the closet or favors done or payback owed. Why else would someone willingly obstruct justice like this?

  5. This Judge is despicable. She won’t connect the dots and is obviously working to protect pensions (hers, Lally,Proctor, etc.) I hope that the US Attorney is watching this along with the Bar Association and the governing body for Judges. He was in the F’ng house and Read is innocent. Dismiss this case and get some un-conflicted cops to determine who the murderers are.

  6. It’s only a matter of time before on of those goofballs who was in the house that night realizes that they are all going to prison. Once that sinks in, that person will likely turn on the others to save her ass and make a deal to stay out of prison. Anyone taking bets on who saves their own ass and throws the others under the bus?

    1. I say Jen is the first. I don’t know enough about Higgins. Jen is a mother and hopefully there’s a shred of motherly instinct left and wants to protect her children from losing both parents to prison.

  7. All these prices of shit wanna do is flash around their power until it’s time to collect their unearned pensions. When will there ever be Justice?!

  8. I think that the above poster is actually Sean McCabe. He and his family are nothing but PURE WHITE TRASH. I am going to email all the clients of Elevate Technology Solutions and tell them how how Matt McCabe may likely be involved in a cover up.

  9. Jen McCabe had better be first to fess up if she wants a chance… she’s not a cop, just the wife of a random McCabe.

    The cop brotherhood are definitely working out a theory to blame Jen for also being “crazy and emotional.” She and her husband fall *almost* as far away from the Canton Family Tree as Karen did… just connected by a sister, who will absolutely turn her back. That Thin Blue Line is thicker than blood, Jenny.

    She’s so cocky, because she trusts all of them. She trusts her sister. She thinks this is an unbreakable bond they’ve all made. She feels so comfortable, because she’s an idiot. The Google search *alone.* Notice the search is on her phone? I’m sure one of the cops went “hey Jenn, since you’re already on your phone, look up ‘how long to die in the snow’” So, she did. She didn’t know they used her, because they already knew they weren’t going to use their own phones. She just does what she’s told and believes everything they say about her guaranteed safety. Now? She’s fucked. They’re all reassuring her they “have it handled” and “don’t worry, you’ll be fine.”
    You will not be fine. You and your husband are the second lowest on the totem pole.

    The Good Ol’ Boys will be blaming you next, Jennifahh!! You’re not special like you think. Your husband might even back away and say, “she’s nuts,” and take off with the kids.
    Once they drop the charges on Karen, they’ll be going after Jen and no one will have her back.
    Someone needs to spell this out for her…

    Also, every scumbag absolutely has multiple side chicks/affairs going on, ESPECIALLY THE COPS!!! Where the hoes at?? Calling all side-chicks, we need you. Unite. Find out about each other and get angry!!!

    WELP! That’s why they don’t want the phones to be taken… hmm

  10. All of you stupid, knuckle dragging dimwits are treating the defense filings and motions as though its gospel. Yes they have produced their evidence and argued the filings. This is the process. None of the evidence has been vetted. It’s still just the defense’s version of what they want the public to hear before a jury is selected. And you all lap it up and regurgitate out of your face holes post it in social media without thinking for yourselves.

    So spray some windex on your bathroom mirror and wipe it clean. Then take a long look into your own eyes and really decide if you want to be the type of person who is manipulated by a sensational story for someone else’s motives? Or will you think for yourself and wait for the TRIAL EVIDENCE to be vetted. True Americans do not believe in convictions without trial. Where do you stand?

    1. If you were really “Friend of JJ” you would open YOUR EYES!!! How can ANYONE sit here and say he was killed by Karen doing a three point turn? Even someone not knowing anything about this case can see the pictures of his body. The pics don’t lie. He was beaten, bitten and thrown out like trash. Only a fool [or not a friend of JJ] would see other wise. Shame on you.

      1. Shame on me? All I am saying to everyone is wait for the trial evidence to be vetted. That is the system we put our faith in. But people are allowing themselves to be manipulated by the defense’s story. What i am not saying is that I am blindly believing EITHER side. I will watch the entire trial and come to my own conclusions about what really happened. I am not from Canton. I have no vested interest or owe any loyalty to anyone accused. Do I know of things that have not been made public? Yes. Have i looked at all the disgusting pics made public by the defense? Yes. Do I (as of now) believe that Karen Read did this and hit Johnny with her car? Yes. As a true friend of JJ, all I want is the truth to come out. So I am inviting anyone that cares about justice for John O’Keefe to stop treating assumptions and unvetted evidence as fact. Let’s follow the trial together and decide at the end what is the truth.

    2. I am an emergency medicine physician in another state who came across this site while looking for something else. Having seen the autopsy photos, it is pretty clear what happened. I showed them to a colleague and presented the two theories: hit by a car doing a three point turn, or beaten in a fight and bitten by a dog. She just laughed (she thought I was joking). I am not from MA, I don’t know where Canton is (near Boston I presume), I don’t know any of these people. All I know is what I have seen in my practice for more than 30 years. And those photos show a guy who was beaten and bitten.

      By the way, is the autopsy report available? Has the dog been found?

    3. Stupid knuckle dragger here, I can’t wait to see her lawyers DESTROY every witness for the prosecution when on cross, it will be hilarious. That is if the state ever lets it get to that point and believe me they won’t. Can’t have proctor and guarino exposed for the vile pieces of shit they are. Call us all the names you want but TB has been adding headstones to his graveyard for a loooong time and the canton crews time is coming. Tick tock motherfucker, you’re all going down.

      1. I do not know the Canton Crew. I did know John O’keefe. A true friend. You and I both want to see witnesses on the stand and the evidence vetted. We agree on that. However it gets flushed out i want to see the truth. So we’re saying the same thing. What I am not doing is taking the carefully manipulated defense presentation as a fact. Yet. I’ll wait for this all to be vetted at trial.

        Maybe ask your friend TB to dig into Karen’s past a little too…you know so he can at least pretend that he’s not bought and paid for. Rebrand TB as Fair & Balanced.

    4. So, you are a friend of Johns ? And you don’t want to see justice? Karen Read is innocent and your friends are guilty! If you cared one iota about John, you would want the TRUTH ! And, speaking for myself and everyone here, we do think for ourselves. Karen Read is also factually innocent. Who you listening to? Brian Albert and Colin ! You are just as bad…….

  11. I heard some of the people in the house at Fairview Drive were members of the Swingers Club of Canton. I wonder if Cannone is a participant?

    1. What did we used to say? I wouldn’t f her with your dick? That’s a big no thanks. She has got to be as gross underneath that robe as she is outside it, horrible human.

    2. You may have a point. The bar on Washington St, Matt Kelly’s Pub, is a known swingers establishment. Coincidentally, the owner is a retired Boston cop.

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