The Karen Read Investigation and Trial. And the aftermath for the Massachusetts State Police.
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THE MASSACHUSETTS STATE POLICE is going through a horrible set of scandals, the agency has experienced corruption problems, overtime thefts, deaths of trainees in the academy, and indictments of many Troopers, retired and active in state and federal court.
However, the worst of all is Michael Proctor, his actions in the Karen Read murder trial are beyond despicable, and the fallout from them are going to affect hundreds of cases he’s been involved in and will question whether defendants received a fair trial and whether evidence was fabricated or even real. It is an unprecedented action when Col. Jeffrey Noble the Commander of the State Police state in a press conference that all of the cases he was involved in needs to be reviewed. That is a small start, but a good beginning.
The State Police however need to do more, at present it is an agency that is answerable to nobody, and that is dangerous. We as citizens of the Commonwealth demand and deserve more, Governor Healy should be doing more an oversight panel and outside independent examination and investigation should be conducted, to rid the agency of what plagues it at present and implement changes to prevent future problems.
The Karen Read case and Proctor’s conduct is one of the worst scandals involving, corruption, sexism and overall misconduct and ineptitude, that in twenty plus years as a Criminal Defense Attorney and seventeen years in Law Enforcement I have ever seen.
The initial investigation into the death of John O’Keefe was flawed from the start. Primarily, Proctor had deep ties to people who were witnesses and possible suspects in his death, which include the Alpert’s and Brian Higgins, all in Law Enforcement and involved in the town of Canton, Proctor should have informed his superiors, and the Norfolk District Attorney immediately and not participated in the investigation.
However, he did not, that is the first problem.
The second issue was the competency of the investigation and investigators. I have tried numerous first degree murders throughout Massachusetts as a Criminal Defense Attorney and this investigation was flawed from the moment it began, it was a clown show. In Massachusetts only three cities are allowed to investigate homicides without the Massachusetts State Police leading the investigation.
Those cities are, Boston, Worcester, and Springfield. I have been involved in homicide cases in Boston and Springfield, and both homicide units of those Police Departments run like a Swiss Watch.
The Boston Police Homicide Unit is staffed with seasoned and veteran city Police Officers who know the city and the community, and the oversight and involvement of the Suffolk County District Attorney ensures investigations and prosecutions are done correctly, fairly and to the letter of the law to see that all involved are treated fairly and the rights of all are respected. Springfield Police Homicide and the Hampden District Attorney do the very same.
That cannot be said of that night in Canton and the investigation of John O’Keefe’s death,
The Boston Police have a Crime Scene Response Unit that is called to any major scene when requested by Detectives. On the night of O’Keefe’s death, the weather was bad, snowing, and cold.
Boston’s Crime Scene Unit has the proper equipment to mark evidence and prevent contamination from the elements, their equipment isn’t “Red Solo Cups” to mark evidence on the ground.
Sufficient numbers of officers would have been present to safeguard evidence and collect it, after it was photographed and recorded. That was barely done in Canton.
A glowing example of the problem with this investigation was the seizure of Karen Read’s vehicle. The local Police who seized the vehicle did a proper job, when the State Police contacted them to hold the vehicle, that department sent an officer who found the vehicle, and insured nobody would touch or move the vehicle, or in legal terms “contaminate” the evidence, the vehicle.
When the State Police arrived to take the vehicle for processing the local Police had kept it safe for the State Police. But the State Police dropped the ball. The State Police Investigators had the vehicle towed, within the distance of Canton and where the vehicle was recovered there were at least four State Police facilities where the vehicle would’ve been secure, the Barracks in Dartmouth, Norwell, Foxboro, and Milton, as well as Headquarters in Framingham.
However, Proctor, had the vehicle towed to the Canton Police Station. Canton Police do not investigate homicides, the lead agency in this investigation was the State Police, the lead Investigator was Michael Proctor. The Boston Police Homicide Unit, from experience in similar cases and from my experience with their procedures would have brought the vehicle to Boston Police Headquarters to a secure garage to conduct an examination of the vehicle while being recorded properly not in reverse image as the Canton Police recording system did.
This is the first part of a multi part article which will continue to list the flaws and failures of the investigation, in no way is this an accusation against any person who was a witness or a suspect, all are presumed innocent until convicted in a court of law.
This article is in no way a condemnation of the Massachusetts State Police, the overwhelming majority of Troopers are dedicated, honest, trustworthy, and caring professionals.
There are Troopers like George Hannah, Mark Charbonnier, Tamar Bucci, Thomas Cardy and Kevin Trainor who made the Ultimate Sacrifice and gave their lives protecting us, the citizens of Massachusetts, they are “Troopers” in every sense of the word.
Michael Proctor is not.
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Peter Marano is a former Police Officer and now a Criminal Defense Attorney with twenty years of experience, his sole focus is Criminal Defense, he practices in Boston and Washington D.C.
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