Commonwealth v. Read — Trial ArchiveProcedural — Aidan Kearney
76 lines(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: So FTR may be picking up your conversations.
MR. YANNETTI: Oh, sorry.
JUDGE CANNONE: All right. Can we call Mr. Bradl in?
MR. YANNETTI: Are we doing this at sidebar?
JUDGE CANNONE: I'll have him come to sidebar to see how we all want to do this. Is he out there? Is Tim Bradl out there?
COURT OFFICER: He's on his way, Your Honor.
JUDGE CANNONE: Mr. Yannetti, you said you texted him about this?
MR. YANNETTI: I did, yes. Here he is.
COURT OFFICER: Quiet down, please. Court is still in session.
MR. BRADO: Good morning, Your Honor.
JUDGE CANNONE: Hi, Mr. Bradl. Why don't you come on over. I'm actually doing this -- this is a microphone. So if you would come over?
MR. BRADO: Okay.
JUDGE CANNONE: So I have Commonwealth's motion to exclude Mr. Kearney, who I don't know if you're going to represent him on this motion, but I know you represent him in a pending case in this courthouse. So the Commonwealth's motion to exclude him in connection with this case from the proceedings regarding certain witnesses.
MR. BRADO: Okay. So this is news to me, Your Honor.
JUDGE CANNONE: Okay.
MR. BRADO: And I don't have service of it. I would --
JUDGE CANNONE: Okay. So --
MR. BRADO: I'm here on Mr. Curry, not on Mr. Kearney.
JUDGE CANNONE: Nothing can happen on Mr. Curry because --
MR. BRADO: No. Of course. I figured I was just going to get a date and be out of here. So this is all news to me.
JUDGE CANNONE: Okay. Have you seen the motion, because Mr. Yannetti said he texted you.
MR. BRADO: He texted me that there was a motion but not --
JUDGE CANNONE: Okay.
MR. BRADO: But I don't have the motion. I just looked on Mass Courts, and it's not in this court. So I don't know anything about this.
JUDGE CANNONE: So we'll give you a copy of the motion.
MR. BRADO: Okay.
JUDGE CANNONE: We'll give you some time to talk to Mr. Kearney. There is no case on this.
MR. BRADO: Okay.
JUDGE CANNONE: It's sort of an ancillary matter in the criminal case of Ms. Read.
MR. BRADO: Yes.
JUDGE CANNONE: And it's a motion that I'd like to have a hearing on it in about 15, 20 minutes. Okay?
MR. BRADO: Okay.
JUDGE CANNONE: So I'll give you that time to speak to Mr. Kearney, take a look at the motion.
MR. BRADO: Okay.
JUDGE CANNONE: I don't know that the defendants have any -- they told me earlier they don't have a position on the motion.
MR. BRADO: Okay.
JUDGE CANNONE: Logistically, I don't know how to set up -- do you want to be present or do you want us to separate you from counsel table? I just --
MR. JACKSON: That's a great point. That's a great point, Your Honor.
JUDGE CANNONE: That's why I called Mr. Bradl while I had you all here.
MR. JACKSON: For this purpose, I don't think that it involves Ms. Read's interests or taken a position on it legally or otherwise. So I would ask that she sort of be separated away from it. I don't even like the optic.
JUDGE CANNONE: Well, that's why I asked.
MR. JACKSON: Yeah. I think that's a great idea.
JUDGE CANNONE: All right. So we will excuse the parties on the Read matter. Okay?
MR. JACKSON: Okay.
MR. YANNETTI: Okay.
JUDGE CANNONE: And I'll give you 10, 15 minutes. We do have a jury out, Mr. Bradl. And so --
MR. BRADO: I may have a procedural objection, Your Honor, just so you know.
JUDGE CANNONE: Okay. Yes. You can. This isa motion that's filed in a criminal case that I have to act on.
MR. BRADO: Sure. I appreciate it.
JUDGE CANNONE: And just so you know, Mr. Lally said that our next witness, though not a named witness on this, also -- Mr. Lally, has the witness, herself, expressed concern?
MR. LALLY: Yes.
JUDGE CANNONE: Okay. And maybe you want to talk to the Commonwealth about this.
COURT REPORTER: And, Your Honor, for the record, this whole thing is sealed, correct?
JUDGE CANNONE: Yes. And I said that to Margaret. I should have said it to you, as well. Yes. And the hearing will be sealed.
MR. LALLY: Thank you.
JUDGE CANNONE: We'll do it in open court somehow, I guess, or maybe not, but we'll deal with this. Okay? All right. So I'll see you in about 10, 15 minutes, Mr. Bradl.
MR. BRADO: Very good.
JUDGE CANNONE: And the Commonwealth.
MR. LALLY: Thank you.
JUDGE CANNONE: And I know you have all of your paperwork on the table. You're free to leave it. Nobody will see it.
MR. JACKSON: That's fine. What time would you like us back?
JUDGE CANNONE: So the jury just went out 10 minutes ago. Let's say 10:45.
MR. JACKSON: Okay. That's fine.
MR. LALLY: Thank you.
MR. BRADO: Thank you.
JUDGE CANNONE: Okay.
(Whereupon, the sidebar conference concluded anda recess was taken.)
(Court resumes.)
(Defendant present. Jury not present.)
(Whereupon, there was a hearing with Attorney Lally, Attorney McLaughlin and Attorney Bradl present and is under separate cover, prepared by Nancy King.)
(Whereupon, there was a recess.)
(Court resumes at 11:11 a.m.)
(Defendant present. Jury present.)
JUDGE CANNONE: All right. Jurors, once again thank you very much for your patience. Your next witness, Mr. Lally?
MR. LALLY: Yes, Your Honor. The Commonwealth would call Ms. Nicole Albert to the stand.