Tuesday’s pre-trial hearing in the Karen Read case was a tremendous letdown for supporters of the accused murderer who expected a last-minute dismissal of the case before it proceeded to trial.
In a stunning act, Read’s defense announced that it would not submit a long-awaited motion to dismiss the case based on egregious governmental misconduct, claiming the move was a “strategic decision.”
Judge Beverly Cannone appeared exasperated with defense attorney Tanis Yannetti after the announcement, as the Judge had waited to rule on the previous defense motion for dismissal until she had received the new motion to dismiss.
The Judge also appeared to be frustrated with Assistant District Attorney Adam Lally, who announced that Bode Laboratory was having problems delivering a mitochondrial DNA profile of evidence by the end of March.
Bode Laboratory’s delay, which Lally indicated may reach until April, has presented challenges with the discovery process as it has been unable to obtain reciprocal discovery from the defense without completing their own obligations for discovery.
Judge Cannone would later rule against the defense’s motion to dismiss the case, stating that the defense’s multiple charges of misconduct and allegations of procedural errors did not withstand scrutiny and did not hold enough weight to have the case dismissed.
As the arguments in the motion echo the arguments made in public by the defense as the basis for much of their case, the ruling may be a precursor to future rulings by Judge Cannone as the trial progresses.
Also filed on Tuesday was a motion by the Commonwealth of Massachusetts to establish a 500-foot buffer zone around the Norfolk County Superior Courthouse in Dedham, Massachusetts for the duration of the trial.
The motion is aimed at addressing the wide-spread demonstrations on behalf of the defense and organized by the “Free Karen Read” movement over the past year which has resulted in direct confrontations by demonstrators with the apparent intent to intimidate witnesses in the case.
Blogger “Turtleboy” Aidan Kearney famously led demonstrations on the steps of the courthouse last summer using a megaphone in order to harass and insult prosecution witnesses while encouraging protestors to chant and take part in the alleged intimidation attempts.
Kearney is set to go on trial for multiple counts of felony witness intimidation later this year.
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