Did Michael Proctor watch Karen Learn trial? Protection raises questions – NBC Boston

As the beginning of the retrial of Karen Learn approaches, prosecutors and protection attorneys are sparring by way of a sequence of motions — with Learn’s group elevating questions on an embattled Massachusetts State Police trooper’s actions throughout the first trial.

A mistrial was declared attributable to a hung jury at Learn’s trial final 12 months. She is dealing with prices, together with second-degree homicide, within the January 2022 dying of her boyfriend, Boston Police Officer John O’Keefe, in Canton.

Prosecutors say Learn hit O’Keefe together with her SUV, leaving him to die outdoors a house on Fairview Street. She and her attorneys have argued she has been framed by folks inside the house and legislation enforcement in a coverup.

On Tuesday, the Massachusetts Supreme Judicial Court docket denied a protection movement to dismiss the homicide cost, and one other for leaving the scene of a crash leading to dying, clearing the way in which for the second trial at Norfolk Superior Court docket.

Learn’s attorneys have additionally filed a movement to get all video from the day Learn’s car was impounded — and for that footage to be “correctly forensically imaged and preserved.”

The video, exhibiting Learn’s SUV within the Canton Police Division sallyport, has been a supply of competition for the reason that first trial, when the protection raised questions on it being inverted.

In accordance with the protection, prosecutors “disclosed for the primary time” on Jan. 22 that extra surveillance footage from the police division “could also be within the possession of legislation enforcement on a retired detective’s work laptop.”

Massachusetts’ highest court docket rejected Karen Learn’s try and have dropped two of the three prices she faces within the 2022 killing of her boyfriend, Boston Police Officer John O’Keefe. 

Here is what to know in regards to the Supreme Judicial Court docket ruling, plus evaluation from NBC10 Boston political commentator Sue O’Connell on the what might be subsequent for Learn and her authorized group — together with whether or not she would possibly attraction to the Supreme Court docket.

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Attorneys for Learn argue that if it is not correctly obtained, metadata related to the footage will probably be destroyed.

“The metadata underlying the video information at subject isn’t solely central to this case however can be exculpatory,” the protection movement reads. “It’s completely needed that this info be obtained in a forensically sound method.”

“It is actually very troublesome to justify the gathering and preservation of proof on this case by legislation enforcement,” NBC10 Boston authorized analyst Michael Coyne mentioned Wednesday.

Boston Police Officer John O’Keefe died in Canton on Jan. 29, 2022, and as Karen Learn awaits retrial, questions proceed to encompass the case.

One other movement, filed by the Norfolk County District Lawyer’s Workplace, asks the court docket to order Learn’s group to submit info for reciprocal discovery by March 6. The request consists of particulars about witnesses the protection plans to name, their written and recorded statements, and any proof it plans to make use of “to try to question the credibility of the Commonwealth’s potential witnesses.”

Prosecutors wrote of their movement that they search to “stop ‘trial by ambush.'”

The protection, in one other movement, requested the court docket to rethink making Learn’s group produce impeachment proof earlier than witness testimony, citing a number of questions it had throughout the first trial — together with whether or not Trooper Michael Proctor, the lead investigator who has since been suspended from the state police, was following together with the proceedings regardless of being a witness.

Learn’s attorneys wrote that Proctor had texted Assistant District Lawyer Adam Lally on July 1 that he “did not watch a****** Jackson’s closing for good purpose,” referring to protection lawyer Alan Jackson.

“Like all of us the anticipation and nervousness of verdict has us all on edge,” Proctor continued, in keeping with the movement.

The protection mentioned the trade reveals Proctor “possible violated the sequestration order with the data of the Prosecution.”

“Mr. Proctor’s message means that his resolution to not watch the proceedings on July 1, 2024 was not out of effort to abide by the sequestration order, however was as a substitute associated [to the] nature of the protection closing argument itself,” the movement reads. “The message implies that Mr. Proctor had been following the trial on-line and easily skipped the protection closing argument as a result of he doesn’t like Lawyer Jackson.”

Massachusetts State Police suspended Proctor with out pay in July after he testified a few sequence of inappropriate texts he despatched in regards to the case.

He known as Learn a “whack job c***,” making disparaging remarks about her medical circumstances. He mentioned after going by way of her telephone that he had discovered “no nudes up to now.” In a textual content to his sister, Courtney Proctor, he mentioned of Learn, “Hopefully she kills herself.” And when a buddy instructed the proprietor of the house outdoors of which O’Keefe was discovered might “obtain some s***,” Proctor replied, “Nope, home-owner is a Boston cop, too.”

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Proctor has appeared twice earlier than the Massachusetts State Police trial board. His case has been continued to March 13.

Learn’s attorneys go on to say the high-profile nature of the case, “together with pervasive media protection and real-time streaming of the in-court proceedings throughout trial … creates alternative and temptation for witnesses to look at the testimony of others, in violation of the sequestration order.”

The protection referenced different witnesses’ testimony that it says reveals that they had “tailor-made their testimony … to account for impeachment proof” it submitted. Forward of the retrial, Learn’s attorneys are asking to withhold such proof “till after the witness has testified on direct examination.”

“To the extent these items is admissible, enable it to be admitted, and let the jury in the end decide which facet’s proof is extra credible,” Coyne mentioned in regards to the sequence of motions.

The retrial of Karen Learn is about to start in April.