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KAREN: THE RETRIAL

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KAREN: THE RETRIAL

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In the March 12th hearing, David Yannetti spoke on his interpretation of D.A. Morrissey's video statement.

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Karen Reed and Turtle Boy had been in contact, and they weren't just exchanging glances in the court halls. In fact, the report alleged the two exchanged 189 phone calls lasting over 40 hours, dating back to April 2023. But how did the Massachusetts State Police get to those staggering numbers? In the investigation into Turtle Boy, a.k.a.

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Yannetti and Jackson were of the opinion that the public release of the nearly six-minute video violated their client's right to a fair trial, and that D.A. Morrissey's office failed to disclose information regarding the additional federal probe into the communication between Turtle Boy and Karen Reed. For them, these actions were oversights worthy of disqualification.

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Making matters more complicated, Jackson and Iannetti also claimed the U.S. Attorney's Office, in the wake of these perceived missteps, launched a federal investigation into the district attorney's office that proffered further grounds to remove him from the case.

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But the validity of said investigation remains a bit of a mystery. A spokesperson from the U.S. Attorney's Office issued a statement in response to Jackson and Iannetti's claims, reading, At no time has the U.S. Attorney's Office named any person or entity as a target of an investigation to anyone. the Norfolk District Attorney's Office doubled down, issuing a statement of their own.

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They claimed that neither D.A. Morrissey nor anyone else in their office had ever been a target of a federal investigation and that Yannetti and his team misrepresented that detail completely. When given the opportunity to rebuttal, Prosecutor Lally presented an argument that skirted any mention of D.A.

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Morrissey, but argued that Iannetti and his team were kept well aware of the probe into the relationship between Turtle Boy and Karen.

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Tensions were clearly mounting between the defense and prosecution. It appeared that the more information revealed, the less clear this case was becoming. Unlike most investigations, more evidence seemed to only make everything even more complicated.

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With these new arguments entered, the hearing to dismiss the case and throw D.A. Morrissey out of it adjourned without a firm decision by Judge Cannone on whether or not to dismiss Karen's case completely or disqualify District Attorney Morrissey. As the legitimacy of the investigation into D.A.

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Morrissey became subject of debate, just one day after the motions to dismiss were entered, another investigation into a key player was confirmed. On March 13th, the Massachusetts State Police confirmed that Trooper Michael Proctor, lead investigator in the death of John O'Keefe, had become subject of an internal investigation for a potential violation of the department's policies.

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Aiden Kearney's witness intimidation charges, led by Norfolk County District Attorney Michael Morrissey, a warrant was ordered to seize two cell phones from Karen Reed's residence. The state troopers tasked with retrieving the cell phones were operating under the assumption that these phones could contain evidence of the ongoing conspiracy with Turtle Boy to intimidate witnesses.

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While the language of their statement was vague with regard to what prompted the investigation, onlookers and online sleuths felt strongly it just had to be in connection to Proctor's alleged missteps at the scene. The announcement of the investigation into Trooper Proctor emboldened the defense's theory that he had hid his personal ties to people involved in the case.

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Attorney Jennifer Roman remembers what, at this point, the defense had alleged about Proctor.

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And the timing of the confirmation felt serendipitous, as it had only been 24 hours since Alan Jackson invoked the longstanding relationships Proctor had had with witnesses as grounds for dismissal.

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And the conflict wasn't just conjecture. Proctor's digital footprints did paint a picture of his close ties to the Alberts.

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Former crime scene investigator Alina Burroughs remembers these text messages certainly went against how Proctor had characterized his relationship with the Albert family.

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But evidence of the phone calls between Karen and Turtle Boy were not the only thing they found. Here's prosecutor Adam Lally with what the investigation revealed.

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Text messages between him and his sister after the death of John O'Keefe raised red flags, too.

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Trooper Proctor's response certainly begs the question, was he doing the Alberts a favor in some way? And if so, what exactly was the favor? For the defense, these communications just couldn't be overlooked, and they played perfectly into the constellation of alarm bells they were sounding. To them, Trooper Proctor was at the helm of the cover-up.

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In response to the defense's theory and the news of the investigation into Proctor, his attorney, Michael DiStefano, issued an emailed statement that read... To be clear, Trooper Proctor remained steadfast in the integrity of the work he performed investigating the death of Mr. John O'Keefe.

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To the extent that Trooper Proctor's personal text messages are alluded to in court proceedings regarding Ms. Reed, he respectfully submits that the objective investigative steps he and members of his unit took are in no way undermined by the content of the personal messages. And Proctor's colleagues stood by him, too. He remained on active duty as the internal investigation marched on.

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On March 20th, in another pretrial hearing, Yannetti and Jackson requested records from the investigation into Trooper Proctor. That motion was granted with no objection. But their next ask seemed to ruffle some feathers.

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Yannetti approached Judge Cannone requesting phone records from April 2023 to present of Brian Albert, Brian's brother Kevin Albert, who is a Canton police officer, and ATF agent Brian Higgins. Both Brians were at the house on the night in question, but it was the Alberts' other brother, Chris, who was present as well, not Kevin.

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Karen's defense team felt strongly that these phone records would bolster their argument that their client wasn't responsible for John's tragic death. but somebody else in attendance of the party on January 28th, 2022. And that they would reveal the conspiracy to frame Karen.

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This wasn't the end of Yannetti's request. There was more. He entered a final motion for phone records from January 29th, 2022, specifically around 2.22 a.m., just hours before John O'Keefe's body was discovered. The phone records in question again belonged to Brian Albert and Brian Higgins. but also former Canton Police Chief Kenneth Berkowitz.

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In a police interview, the two Bryans claimed the calls were accidental. And in another interview, they both reported to be asleep at the time. So what was the real story? Judge Canone did not rule on the second two motions that day. The defense was left to connect the dots without the phone records they so desperately felt they needed.

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Back again at Norfolk County Superior Court in Dedham on March 26, Judge Beverly Canone had arrived at a decision on the motion to dismiss Karen's case. And outside the historic four-columned courthouse, the anticipation was palpable. With each pretrial hearing, Karen Reed supporters began trickling in.

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Outside the courthouse, Karen's cadre of supporters were fired up and showing no signs of stopping. Their demeanor was energetic as they waved American flags and egged on passersby to join the cause. The growing crowds indicated a turning point.

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Attorney Will Corman witnessed the phenomenon himself. He said the sight of it all was pretty much unavoidable.

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MassLive reporter Louise Fieldman remembers Karen's supporters were decked out.

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We asked Luis and Will about the demographic makeup of the crowds outside the court.

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And reporter Christina Rex told us how many of these supporters responded when she questioned their motivations for being there.

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So when Judge Canone ultimately denied the dismissal of the charges, these people who saw themselves in Karen Reed were crestfallen. There was no way around it. Karen Reed was headed to trial. And that meant more supporters were headed to set up camp in Dedham.

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In special prosecutor Ken Mello's investigation into witness intimidation, a new name popped up that caught his team's interest, Natalie Burschneider. Natalie was a college friend of Karen's based in California. The two had reconnected after Natalie had caught wind of the case.

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With the trial on the horizon and awareness to the case heightening, there were some logistics to smooth out. Here's Louise Fieldman again.

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This concern saw no argument from the judge or prosecutors.

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And the smaller courtroom meant more congestion both inside and out. Judge Canone needed to come up with a solution for crowd control and for protecting both jurors and witnesses.

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Prosecutors wanted a 500-foot buffer zone, but Canone believed 200 feet was sufficient.

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With each passing day, the trial felt more imminent. The entire greater Boston area was gearing up for what promised to be one for the ages. And on April 12th, the prosecution and defense gathered for the final pretrial hearing. 30 motions were entered, the majority of them standard procedure. But there was one that took center stage.

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The prosecution requested for Karen Reed's lawyers to be prohibited from exacting a third-party culprit defense. That's when evidence is introduced to pin the blame on somebody other than the defendant. And this was a problem. After all, that was Yannetti and Jackson's entire defense. They immediately refuted the motion.

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Massachusetts State Police interviewed Natalie, who then claimed that Karen expressed interest in Turtle Boy reporting on her ongoing legal battle. Using the encrypted messaging app Signal, Natalie would send screenshots of her text conversations with Karen and send them to Turtle Boy. And what Karen shared with Natalie to pass along to Turtle Boy could, understandably, raise some eyebrows.

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Then, Iannetti named the third-party culprits at the top of their list.

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Yannetti went on to suggest that there was bad blood and jealousy between John O'Keefe and all three men he explicitly named, providing an exhaustive list of possible theories for their unique motivations to want John O'Keefe dead.

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Prosecutor Lally thought it was all a stretch, to say the least.

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Perhaps surprisingly to some, Judge Canone ultimately did not rule on the third-party culprit motion. It was looking like it was up to the jury to decide if it's possible someone other than Karen Reid was involved in the death of John O'Keefe. And speaking of the jury, it was now time to seat them. But for a high-profile trial anticipated to last six weeks, it wouldn't be a cakewalk.

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That's all coming up on the next episode of Karen. This has been a Law and Crime production. I'm your host, Paula Borrows. Our executive producer is Jessica Lowther. Our producer and writer is Cooper Maul. Our editor is Josh Klefeld. Our researcher is Stephanie Doucette. Our bookers are Alyssa Fisher and Diane Kay. Legal and fact-checking by Elizabeth Voulay.

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And special thanks to Sean Panzera for designing our key art. Follow Karen in the Wondery app. You can binge the entire series early and ad-free right now by joining Wondery Plus in the Wondery app, Apple Podcasts, or Spotify.

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Natalie told investigators that Karen shared everything with her. Her charges, information about witnesses, photos of witnesses, the home address of trooper Michael Proctor, photos of the crime scene evidence, police reports, motions filed by her attorneys, and even John O'Keefe's autopsy report.

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These messages were frequently signed off with notes like, "'Tell Turtle Boy,' from Karen, and, "'Not for public, but you and Aiden can see.'" Adding insult to injury, it was discovered that Karen also shared the audio of the 911 call when John O'Keefe's body was found, with the subject, do not share. And these discovery motions didn't just implicate Karen either.

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Phone records revealed Turtle Boy had been in direct contact with her attorneys, Alan Jackson and David Yannetti, too. In response, the two claimed they had not spoken with Turtle Boy until after he began publishing information about Karen, insinuating they never fed the blogger information.

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From the outside looking in, the defense team appeared to be in bed with someone charged with witness intimidation. Things were getting messy, to say the least. Come February, Turtle Boy's communication with Karen and her team wasn't the only evidence under scrutiny. On the 22nd, in a 3,000-page report, U.S. attorneys unveiled the long-awaited results of the crime scene evidence tests.

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The primary pieces in question? Karen's broken taillight. Here's attorney Matt Timpanik with what they uncovered.

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And the pieces of taillight that were big enough to recover from the scene and allegedly matched Karen's SUV came back with traces of John O'Keefe's DNA. Attorney Jennifer Roman remembers where the DNA was found.

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But the when and how of the taillight pieces is still an enigma. Legal analyst Rich Schoenstein says right out the gate, the pieces of taillight in question became contentious.

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These gaps in time in recovering the pieces of taillight gave the defense something to chew on. They refuted the evidence with their own theory.

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Onlookers like Alita Majeka were flummoxed. Once the defense laid bare the gaps in the taillight investigation, she didn't know what to believe.

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It's a potential issue jurors would have to mull over once the trial begins. If Ian Runkle were on the jury, he would be asking himself, Could this plastic have been placed there by an officer? And depending on whose argument is stronger, this evidence alone could have serious consequences for Karen Reed.

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The physical evidence Jennifer Roman alluded to just now could alone allow jurors to come to a more formidable conclusion like Matt Timpanik.

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And if she didn't strike John with her vehicle outside of the Alberts' home that night, where else could she have broken her taillight? Security footage from John O'Keefe's home on the morning of January 29th shows Karen backing out of his driveway, presumably on her way to look for him. His SUV is parked at the foot of his driveway.

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Matt says this claim has holes in it, too. For him, it's the taillight pieces on John's clothing that are just too difficult to look past.

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And for those more aligned with the stance of the prosecution, there's more.

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The glass seen on the security footage found by John's body outside the Alberts' home certainly made it undeniable that whether Karen or somebody else killed him, John did, in fact, make it to the outside of the Alberts' home the night of January 28, 2022.

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And in light of the latest evidence presented by the prosecution, Judge Beverly Canone delayed the start of Karen Reid's trial from March 12th to April 16th, 2024. While the trial may not have begun March 12, both the prosecution and defense found themselves back in a pretrial hearing at Norfolk County Superior Court that day.

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This time, Karen's attorneys brought forward a motion in response to the federal prosecutor's February evidentiary report. They now wanted the case dismissed altogether.

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Karen sat between her attorneys in a black suit with white pinstripes as Alan Jackson approached Judge Canone, arguing in favor of dismissal, citing that the integrity of the case had been tainted by its lead investigator, Trooper Michael Proctor.

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Trooper Proctor wasn't the only person implicated in Alan Jackson's argument either. Upon review of the 3,000 pages of evidence, Karen's defense team finally found a new crutch to lean on. The prosecution's own experts concluded they found nothing in their investigation that led them to believe Karen killed John with her SUV.

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From Law & Crime, I'm Paula Barrows, and this is Karen. At the turn of 2023 into 2024, nearly two years after the untimely death of John O'Keefe, chatter around the case of Karen Reed had quieted. But the calm was short-lived. On January 31st, 2024, a Massachusetts state police affidavit by Detective Lieutenant Brian Tully dropped a bombshell revelation.

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These particular findings were never shared with the grand jury.

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Prosecutor Adam Lally responded to Jackson's argument. Claiming the defense's strategy zeroed in on one detail while overlooking what his team believed was a mountain of evidence substantial enough to not only bring Karen Reed to trial, but to find her guilty of murder.

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Dismissal of the case wasn't the only argument Lally and Jackson went head-to-head on during this pretrial hearing. Next, the defense entered yet another motion.

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The unethical conduct that David Iannetti claims occurred goes back to August 2023, when District Attorney Morrissey released a video in the wake of cover-up theories seeping into headlines and the subsequent witness harassment spurred by Turtle Boy's Free Karen Reid movement.