DEDHAM, MASS. (WHDH) - A setback for the commonwealth in Norfolk Superior Court.
Prosecutors won’t have access to communications between Karen Read’s defense lawyer and blogger Aidan Kearney, who is facing prosecution for intimidating witnesses.
The state says there is evidence Read and her lawyers were funneling information to the blogger and YouTuber who has spearheaded efforts to free Read.
“I don’t believe there is any attorney client privilege between Ms. Read’s lawyers and Mr. Kearney,” said Brennan.
Kearney’s lawyer told the judge the requests for texts to and from Read’s lawyers are incredibly inappropriate.
“There is absolutely nothing in them that is covered by your honor’s order,” said Timothy Bradl, Kearney’s attorney. “There’s no communications between Mr. Kearney and Ms. Read regarding witness intimidation.”
Judge Adam Sisitsky decided the prosecutor in the Kearney case can provide Brennan with communications between Read and Kearney, but that’s it.
“The order is clear on its face, and I expect the parties to comply with it,” said Sisitsky.
Meantime, Judge Beverly Cannone is considering Read’s motion to argue a so-called “third-party culprit” defense, and Read’s team named names in court a week ago.
“The three culprits we have identified are Brian Albert, Brian Higgins, and Colin Albert,” said Defense Attorney David Yannetti.
Experts say Brennan will want some clarity from the judge on whether Karen Read can point blame at those three men.
The law says there must be a clear connection in evidence, suggesting that an uncharged person killed John O’Keefe, who was found dead in Brian Albert’s yard during a 2022 snow storm.
“If the evidence in the first trial is all they’ve got, then they really don’t have enough to satisfy the standard,” said 7NEWS Legal Analyst Tom Hoopes.
Attorney and former prosecutor Hoopes says the state’s highest court might be interested in considering this vital motion. And Brennan should press the issue.
“The Supreme Judicial Court cases are crystal clear… If I were the prosecution, I would be fighting tooth and nail on this,” said Hoopes. “All the way up as high as I can take it.”
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