Lawyers for blogger ‘Turtleboy’ seek access to disgraced trooper’s texts
Lawyers for Aidan Kearney, the blogger known as " Turtleboy ," are asking a judge to order a special prosecutor to turn over evidence recently pulled from former Massachusetts State Police Trooper Michael Proctor 's phone.
Mark Bederow, a New York City-based lawyer representing Kearney, first requested the evidence from the special prosecutor in the case, retired judge Robert Cosgrove and a Norfolk County prosecutor. But Cosgrove, according to Bederow, refused to turn over the evidence because Proctor didn't play an investigatory role in the Kearney case and wouldn't be called as a witness.
In a motion to compel production of the new evidence from Proctor's phone, Bederow argues the information should be turned over because it could benefit Kearney's defense. Under state and federal law, evidence that could benefit a defendant must be turned over.
Bederow notes that Kearney's defense will argue at trial that the investigation into him for possible witness intimidation, which ultimately led to his indictment, was flawed.
"Evidence ... which impairs Mr. Proctor's credibility by revealing his poor character, his racist and homophobic beliefs, his investigative bias, his making of false statements and/or which advance Mr. Kearney's defense that the investigation itself was corrupt, rife with conflicts, lacked integrity and/or conducted in bad faith, constitutes ... material that must be provided to the defense‚" Bederow wrote.
Proctor was fired from the State Police in March over his conduct in the Karen Read case. He sent a series of demeaning text messages about Read while investigating the death of her boyfriend, John O'Keefe.
Bederow's motion comes after prosecutors revealed on Friday that they found "sensitive information" in a text chat on Proctor's personal phone. Prosecutors have represented that they uncovered material dating back more than a decade on the phone, including texts, emails and audio and video files.
The evidence on the phone is apparently "inflammatory and harmful" to Proctor's credibility, Bederow wrote, noting that the executive board of the State Police Association of Massachusetts withdrew its support for Proctor's appeal of his termination after becoming aware of the new materials.
"On information and belief, Mr. Proctor's phone also contained homophobic comments and the disgusting messages he sent were made about subjects of investigations, defendants and MSP colleagues," Bederow wrote.
Bederow also disputed the representation that Proctor was not involved in the investigation into Kearney. He cited two different instances where the former trooper disparaged Kearney in communications with other investigators. The exact content of what Proctor said is redacted.
Proctor testified before the grand jury that ultimately indicted Kearney, Bederow noted.
In a supplemental affidavit, Bederow points to emails obtained by North Carolina lawyer Corri Hopkins, who sued the district attorney's office after it failed to respond to a public records request. Hopkins obtained documents showing Proctor was included on email drafts of investigative reports in the Kearney case.
Kearney's defense has not received those emails, despite them being discoverable under state law, Bederow wrote.
Until last week, Kearney faced three indictments in Norfolk Superior Court on charges of witness intimidation. One of those cases was dropped last week after the district attorney's office couldn't find another prosecutor to take it on.
In the other two cases, Kearney is accused of intimidating and harassing witnesses in the Read case. His team has claimed his conduct is protected by the First Amendment.
A hearing on a recent motion to dismiss filed by Kearney's team is scheduled for December.
More about the case
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