Judge questions need to remove prosecutor in ‘Turtleboy’ witness intimidation case
The judge overseeing the witness intimidation cases against the blogger Aidan Kearney appeared skeptical that a special prosecutor needed to be removed from the case over a potential conflict of interest, suggesting instead that another lawyer be brought on the case to resolve the issue.
Lawyers for the blogger known as " Turtleboy " moved for the prosecutor to be disqualified after an ex-girlfriend of Kearney's, who is a potential witness in the case, filed a lawsuit against him, accusing him of misconduct.
They argue the prosecutor, retired judge Robert Cosgrove, would have competing interests if he were allowed to continue.
Cosgrove has already withdrawn from one of the three indictments against Kearney because of the perceived conflict with Gaetani, but she was the victim in that case, not a witness.
Mark Bederow, a lawyer for the blogger, said that was a "distinction without a difference."
But Judge Christopher Belezos appeared to suggest the best course of action would be to simply find another lawyer to join Cosgrove on the case who would handle issues related to the ex-girlfriend, Lindsey Gaetani.
Aidan Kearney, the blogger known as "Turtleboy," leaves a hearing in Suffolk Superior Court in Boston on Friday, Jan. 30, 2026.(Contributed photo by Tim O'Connor)
"It would solve a lot of issues," Belezos said from the bench during a Friday-morning hearing in Suffolk Superior Court. "If he's not the one asking the questions, I'd be hard-pressed to figure out how the issue of the lawsuit would come up."
Cosgrove has said he doesn't plan to call Gaetani at Kearney's trial, which is scheduled for December.
Belezos said he struggled to see the relevance of her potential testimony — Gaetani doesn't become involved in the case until after the supposed intimidation took place, he noted.
"Intimidation doesn't have to last forever," he said.
But Bederow suggested Gaetani could testify for the defense to impeach the testimony of Jennifer McCabe, one of the witnesses from the Read case whom Kearney is accused of intimidating.
"Some of her testimony will corroborate other evidence we have of Jen McCabe's pattern of surveilling Mr. Kearney before, before he was indicted," Bederow said.
The conflict with Cosgrove arises less from Gaetani's potential testimony and cross-examination than from his closing argument, where he would be arguing against her credibility, which he has a personal interest in damaging, Bederow argued.
Cosgrove, though, said he saw no way any effort to discredit her testimony in the criminal case would spill over to the lawsuit. The claims Gaetani brought against Cosgrove stem from actions he took while acting in his capacity as a special prosecutor, meaning he likely has immunity from any liability, Belezos noted.
And there is no guarantee Gaetani would actually take the stand, Cosgrove said.
"This may be a contingency that doesn't even arise," he said. "Frankly, Ms. Gaetani's ... public statements, where she has faced in so many different directions, I find it a little difficult to believe that either the Commonwealth or defense is going to call her in this case."
In a supplemental briefing to the motion to disqualify Cosgrove, Bederow highlighted what he described as a broader conflict of interest regarding the Norfolk County District Attorney's office and investigators who worked on the case.
Many of those investigators are being sued by Read and have been disciplined for their conduct. Cosgrove suggested that had little to do with whether he should remain on the case.
Belezos seemed to agree, adding "all of these other problems that arose out of the Read prosecution ... they were all going to be there no matter what."
"There are two things this case should not be about, your honor," Cosgrove said. "It should not be a trial of the case that has been (dropped) concerning Ms. Gaetani. And two, it should not be a retrial of the Karen Read case ."
Bederow pushed back, arguing that it's impossible to ignore all the conflicts surrounding Kearney's case, which he said undermine public confidence in the prosecution.
Belezos took the motion under advisement and set a hearing for March 27, where either both sides will argue a motion to dismiss filed by Bederow last fall or a new prosecutor will be appointed to the case.
If Cosgrove is removed from the case, it's not entirely clear if the Norfolk County District Attorney's office would or could find a replacement. When he withdrew from the case where Gaetani was the victim, the district attorney's office opted to drop it instead of finding another lawyer to take it on.
At the close of the hearing, Belezos urged both sides to focus on making sure the case could go to trial sooner rather than later.
"The way this court looks at this is that this is an important First Amendment issue which should be decided by a jury of the defendant's peers," he said. "Let's try to focus on that, folks."
Following the hearing, Bederow told reporters the defense was confident the case would go their way — either on this motion, the motion to dismiss or eventually at trial. He added he didn't draw any inferences from Belezos' questioning from the bench.
"He was a hot bench. That happens from time to time. That's what lawyers deal with, and you deal with it. So, I don't read into it one way or the other," Bederow said.
Tim Bradl, the other lawyer representing Kearney, urged Belezos to step in and take action on the case before it reached a jury.
"Judges should be a bulwark against this stuff. Judges should decide as a preliminary matter, should a journalist, should anyone speaking out, especially against the government, have to go through this?" he said. "Judges in this state need to step up and stop these kinds of prosecutions."
More about the case
Read the original article on MassLive . Add MassLive as a Preferred Source by clicking here .
