Commonwealth v. Read — Trial ArchiveProcedural - Motions
15 linesCOURT CLERK: Thank you. Court is in session. 22117, Commonwealth versus Karen Read.
JUDGE CANNONE: Counsel — all counsel wanted to see me at sidebar?
MR. JACKSON: We don't need to be seen at sidebar, Your Honor, but I do need to be heard about an issue from yesterday. I'd like to be heard.
JUDGE CANNONE: Well, yes, I would. Okay. I'll hear you. What is it about?
MR. JACKSON: Your Honor, we are not only renewing our objection to the alleged harassment testimony that came in yesterday, but we're specifically moving to strike that testimony and specifically asking the court, before we get started today, to instruct the jury that they are to disregard that evidence. And I wanted to point out to the court that it is our view — we didn't even come close to opening the door to that evidence. I had just asked the witness if she had turned over those text messages to the state police when she spoke to them on August 25th of 2023. I've asked every witness: when was the first time that they spoke to the state police? That was the first time Allie McCabe spoke to the state police. None of that conversation had anything to do with harassment whatsoever.
MR. JACKSON: It was strictly related to the death of John O'Keefe and the investigation of John. I stayed completely clear of any discussion of harassment whatsoever, only focused on the federal grand jury and the approach by the state police on August 25th. I opened no door. I didn't even approach the door. And yet that evidence came in. It led to a moment where — you know — that Mr. Lally, I believe, has been waiting for, which is for a witness to break down on the stand and feel sorry for themselves, to gain sympathy before this jury. It was prejudicial to our client. It's prejudicial to our defense. It is error, and we're asking the court to —
JUDGE CANNONE: All right. What do you say, Commonwealth?
MR. LALLY: Your Honor, counsel absolutely opened the door. As far as the questioning was concerned — the characterization of the questioning is simply inaccurate. As far as the questions that were posed to the witness, it was more geared towards why — implying that the witness only provided this after testifying at the other proceeding, or being questioned about it in that environment — and that's the only reason that she had these messages. And why hadn't she turned these messages over earlier? And that is in direct response to the harassment that that witness and her entire family, as well as Mr. Albert, had sustained as a result of actions by several different parties, including counsel. So for those reasons it was proper.
MR. LALLY: There was nothing — I don't think it was more than five minutes of testimony concerning it, and it was because counsel opened the door to it.
JUDGE CANNONE: Okay, thank you. All right. So, Mr. Jackson, I remember clearly the lines of inquiry that you initiated, so I disagree with you in the strongest way possible. You've made your record. Your motion is denied. Thank you.
MR. JACKSON: Okay.
JUDGE CANNONE: So let's bring in the jurors, please. [unintelligible] [unintelligible]
COURT OFFICER: Thank you, thank you all. All rise for the jury.
COURT CLERK: Hear ye, hear ye, hear ye. All parties having anything to do before the Honorable First Justice Beverly Cannone, now sitting in the Dedham Superior Court for the County of Norfolk, draw near, give your attendance, you shall be heard. God save the Commonwealth. Welcome from this good court.
JUDGE CANNONE: Thank you, may be seated. Now in session, 22117, Commonwealth versus Karen Read. All right, good morning, counsel. Good morning, Miss Read. Good morning, jurors. So I have to ask you those same three questions. Were you all able to follow the instructions and refrain from discussing these things with anyone since we left yesterday? Everyone said yes and nodded affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? Everyone said yes and nodded affirmatively. Did anyone happen to see, hear, or read anything about this case since we left — yesterday? Thank you very much. Everyone said no or shook their heads. All right, may we have Mr. Albert, please?