Canton Cover-Up Part 75: Judge Cannone Deletes Karen Read’s Motion Recuse Cannone From Public Record, Emails Reveal She Tried To Move Date So She Could Gag Defense

 

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As I discussed on the Live Show this weekend, this award winning journalist was officially made part of the record in the ongoing murder case of Karen Read after writing and signing an affidavit that has been presented into evidence. Last month Sean McCabe, the brother of Matt McCabe and the brother-in-law of Jennifer McCabe, posted on my public Facebook page, claiming to have personally called in an “order” to Judge Beverly Cannone to institute a fight to death.

I messaged him for comment to clarify if he was referring to Judge Cannone, and if they had a personal relationship. He told me that not only did he have a relationship with her, but that “we” were going to bury my corpse in her seaside cottage.

Prior to this I was unaware that Judge Cannone owned a home in Barnstable, the town where Sean McCabe lives. He could be lying about his relationship with Cannone, but given the fact that she has repeatedly ruled on motions that protected his family members, it was concerning that he would threaten to kill an award winning journalist who had been reporting unfavorably on his family, and bury his body in the judge’s nearby property.

The motions were submitted to the Norfolk County Superior Court Clerk’s Office at noon on Friday. However, I was tipped off through sources at the courthouse that they were intentionally not uploading the motions to Masscourts.org where the public could read them. Luckily I was able to obtain them through these same sources in the courthouse in time for the Live Show Saturday night.

The defense has filed two motions:

1. A 29 page motion asking Judge Cannone to recuse herself.
2. A 27 page motion opposing the Commonwealth’s proposed gag order against Karen Read’s attorneys.

This morning I logged onto Masscourts and noticed that my after David and the motion for recusal had both been uploaded, but the opposition to the gag order was not.

I immediately downloaded both, and for good reason – 2 hours later when I went to click on the image I got this:

Judge Cannone took the unprecedented move of deleting a public document in an ongoing murder trial because it makes her look bad. In doing so this prevents other media outlets like the Boston Globe, Herald, NCB, etc, from reporting on the motions. The only way they would be able to obtain the motions now is by contacting me directly, which would force them to recognize the existence of Turtleboy, which they have previously been unwilling to do. Corporate controlled media outlets today train their reporters to simply regurgitate police records and public court documents because actual investigative journalism is too difficult. As a result Judge Cannone has made sure that she stays out of the public spotlight for those people who still get their news from traditional media sources.

Here is the stamped motion for recusal, showing it was received and filed this morning at 8:42 AM.

Motion for Recusal

Allow me to begin by stating these two facts, because people are asking about them a lot:

1. My submission of an affidavit does not technically make me a witness, but were it to go to trial and something needed to be clarified on the record I could be called. It has no effect on my ability to report, opine, or hold protests.
2. The person who will rule on the motion to recuse Judge Cannone is Judge Cannone herself. Thus it is highly unlikely she will rule in favor of Karen Read. However, it will only further reinforce to the public that has been watching this case closely, that she is corrupt. This is her job, not her life. If she cared about justice and public faith in the judicial system then she would want to do everything possible to make sure that the public believes this case is being fairly adjudicated. Refusing to recuse herself would do the opposite, and the public would be left to question why she is so emotionally attached to this case.

The motion states repeatedly that Cannone should recuse herself due to Sean McCabe’s comments, several procedural irregularities, and the fact that she no longer has the appearance of impartiality to a “reasonable, disinterested observer.”

Throughout the 29 page document they cite an abundance of case law that states that it’s not enough for Justice Cannone to claim to be impartial, but rather she must convey the appearance of impartiality.

For Judge Cannone to deny this motion it would require her to completely abdicate her duties as a judge and ignore a plethora of case law that has already determined what she must do.

The 4 reasons for recusal that the defense is arguing are:

1. Sean McCabe’s threats and claims of personal ties to Judge Cannone
2. Cannone’s refusal to rule on motions in a timely manner (only for the defense)
3. Cannone’s cancelling of the May 25 evidentiary hearing
4. Cannone’s insistence on inserting herself into a case that she is no longer the assigned judge for

All 4 give a “reasonable, disinterested observer” the appearance of partiality.

As stated in my after David, Sean McCabe knew details about Judge Cannone’s seaside cottage in Barnstable that the defense and the general public had no knowledge of. Regardless of whether or not McCabe knows Cannone personally, or actually intended on murdering me for exposing his family members, this gave reasonable, disinterested observers the appearance of partiality. Thus case law has established that she must recuse herself.

As for the irregular delays in Judge Cannone’s ruling on defense motions, they had lots of evidence to back up their claims. Three motions in particular were brought up:

1. A February 2 motion for Canton Animal Control records for Brian Albert’s re-homed dog.
2. An April 12 motion for all of Brian Albert and Jen McCabe’s cell phone records.
3. An April 26 motion asking Judge Cannone to force the Commonwealth to hand over critical discovery evidence that the court has already ordered them to hand over, but thus far have refused to do so.

It took Judge Cannone 16 days to rule favorably on the animal control records, more than 2 months to deny them access to the phone records, and to this date Cannone still has not ruled on the motion to compel the Commonwealth to hand over John O’Keefe’s clothing so they can test it for dog DNA.

None of this is normal.

For the third reason the defense brought up the fact that Judge Cannone and Adam Lally were the ones who wanted to have an evidentiary hearing, specifically because Lally claimed that the forensic expert who determined Jen McCabe deleted Google searches and phone calls that implicated her in John O’Keefe’s murder, was wrong. In order to determine if the expert was right or wrong an evidentiary hearing needed to be held. Judge Cannone cancelled the hearing the day before it was to be held. At an impromptu hearing on May 24 Judge Cannone ruled WITHIN MINUTES, on the Commonwealth’s motion to cancel the hearing and quash the subpoenas to testify for both Brian Albert and Jen McCabe. Judge Cannone clearly can rule on motions in a timely manner, but is choosing not to for Karen Read.

On July 1 Judge Cannone was reassigned to a different courtroom, and Judge Daniel O’Shea officially became the presiding judge in the Karen Read case.

I predicted weeks ago in an earlier blog and several times on the Live Show, that Judge Cannone would use her authority as the Regional Administrative Judge to kick O’Shea off of the Read case.

Jen McCabe’s Attorney Kevin Reddington commented on my page that Judge Cannone was a “very competent and respected person,” and that her rulings (which have all been in favor of protecting his client’s involvement in a murder) were “sounded in good law.” He insisted that there was “no way” Judge O’Shea wouldn’t be the presiding judge in the Read case after July 1.

In doing so Reddington was admitting that if Cannone re-inserted herself as the presiding judge in this case that it would be irregular, and a complete surprise not only to the defense, but to their opposition. If she were to do this, even Kevin Reddington would be forced to admit that she was corrupt.

But as it turns out, I was right, and Kevin Reddington was wrong. The defense brought up in the motion for recusal that on June 15 Judge Cannone asked the defense to move the gag order hearing scheduled for July 25, to June 27 or 28.

This meant that she had become aware of the new rotation and was trying to make sure she would be able to rule on the gag order, because she likely knew that another judge would not gag the defense. She couldn’t let that happen because she is personally invested in this case, and is being transparent about that. She didn’t care if the defense attorneys had other clients that they had to be in court for that day, or if they had time to prepare an opposition to the motion (in a murder trial), or the fact that two of them would have to be flown here on Karen Read’s dime on short notice. She cares only for herself.

When the defense said that this was impossible she told them in writing that she would be doing what Kevin Reddington predicted she would never would – tell Judge O’Shea that he would not be the presiding judge as scheduled on July 25.

As a direct result of this it has caused any reasonable, disinterested observer to believe that Judge Cannone is partial towards the Commonwealth. In doing so she has violated Karen Read’s constitutionally protected rights to a fair trial.

This is why we are protesting outside of Norfolk Superior Court at 12:15 on July 25. We hope to see hundreds, if not thousands of turtle riders there.