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Beyond The Horizon

Bias and Blunders: Proctor's Testimony and Its Ripple Effects (7/1/24)

Trooper Michael Proctor has critically compromised the Massachusetts case against Karen Read through several key actions and revelations:

  1. Unprofessional Conduct: Proctor's derogatory text messages about Karen Read, where he referred to her using offensive terms, were exposed in court. This unprofessional behavior has cast doubt on his objectivity and integrity as the lead investigator.
  2. Damaged Credibility: Proctor's credibility took a significant hit as his inappropriate comments and conduct were revealed. His texts included derogatory terms and unprofessional remarks about Read, which have been perceived as bias and a lack of professionalism.
  3. Questionable Investigation Practices: Defense attorneys highlighted Proctor's mishandling of the investigation, suggesting that his personal biases may have influenced the investigation's integrity. This has raised concerns about whether all evidence was collected and presented impartially.
  4. Impact on Jury Perception: Legal experts believe that Proctor's testimony and conduct have been extraordinarily damaging to the prosecution. The jury might now question the reliability of the investigation and the evidence presented by the state.
  5. Defense Advantage: The defense has effectively used Proctor's conduct to cast doubt on the prosecution's case. This has bolstered their argument that the investigation was flawed and biased, potentially leading the jury to consider alternate scenarios.
These factors collectively undermine the prosecution's case, creating significant challenges for the state in securing a conviction against Karen Read. The defense's strategy has been strengthened by Proctor's actions, casting a shadow over the entire investigative process.


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source:

Karen Read murder trial: Messy investigation in exposes problems with police work that public rarely sees, experts say (nbcnews.com)

Duration:
25m
Broadcast on:
01 Jul 2024
Audio Format:
mp3

What's up everyone and welcome back to the program. When discussing Karen Reed and the situation that we see going on in Massachusetts, I think it's relatively obvious to anyone who is paying attention and who doesn't have any skin in the game that the investigation into John O'Keefe's death is an absolute travesty. From the very beginning to the very end, these state troopers up in mass really shit the bed and inevitably if Karen Reed gets off here, the only people anyone should be mad at are these investigators because the way they want about their business is disgusting. And if this is standard operating procedure up there in Canton, then I think it's a good time for some of the other cases that have been tried in Canton to be looked at once again. And if I was somebody who got arrested up there and felt like I got hosed and got a raw deal, you better believe I'd be calling my lawyer and looking for some sort of avenue here to travel down to try and get a new trial based on the BS that you see with these investigators. And reasonable people out there, they look at this and they say there's no way this was the first time, so how many other people have been railroaded by shitty investigations in Canton. Today's article is from NBC News and the headline, Karen Reed murder trial, messy investigation exposes problems with police work that the public rarely sees. Experts say, well, there's no doubt about it, but let's not get carried away. This isn't all police. This is the Canton Police Department, so let's not extrapolate and try and say that every police organization, every police department handles things the way they do in Canton, because that is not true either. This article was authored by Tim Stello, jurors weighing the murder case against Karen Reed, the masked woman accused of running down and killing her police officer boyfriend in 2022 and did the week without a verdict Friday, their fourth day of deliberations. For a trial that included dozens of witnesses and allegations of botched detective work. I don't even think they're allegations, right? I think that from what we've seen and what we heard, anyone who is a reasonable person who doesn't have a dog in this fight walked away saying to themselves, this is an absolute travesty. This whole investigation is garbage, and I've heard that from multiple people who haven't even followed this case. There are colleagues of mine, people in my personal life, who really came in cold and who are basing their opinions off what they saw at this trial. And then you have another cadre of people who believe that the evidence is clear and Karen Reed is the killer. And look, I'm not going to dispute that there's certainly some evidence pointing at Karen Reed. There is no doubt. I'm not one of these, oh, we got a free Karen Reed because people. But if you've been listening to this podcast, you know that I'm a big stickler when it comes to procedure. And if the government steps out of line and there's prosecutorial misconduct or the investigators are shitty, well, that's on them. That's on the state. The state already has so much power that we can't seed more to them. They can subpoena you. They can get all your records. They can bring your friends in. They have a lot of power. So the investigators have to tow the line and they have to follow the rules. And if they don't follow the rules and instead try to be, you know, vigilantes or cowboys or whatever, then you better expect that they're going to be met with some blowback and some pushback if that's ever exposed. And that's where we're at now. So the question once again becomes how many other cases like this up in Canton are there? Reed's defense lawyers argue that the investigation was flawed with undisclosed conflicts of interest offensive text messages and a failure to consider alternative suspects. So basically accusing the investigators of having tunnel vision. And look, if the evidence is clear, I get it 100%. But how could we look at what's going on here and the evidence that's collected and say that that's, you know, convincing. We don't have DNA evidence. We have what a hair on the fender. They live together. So look, folks, again, don't get it twisted. Okay. Don't get it confused. I'm not sitting here and telling you, I know what happened. I do not know what happened, but I will say this. In a court of law, it's beyond a reasonable doubt. So if there's any doubt whatsoever with the evidence, you can't convict. So I'm very, very curious as to what's going on in that jury room and what the sticking point is right now. And it's going to be very interesting to see after the verdict is rendered what these jurors have to say. They've alleged the conspiracy among law enforcement officers to cover up the death of Boston police officer John O'Keefe at the hands of one of their own and frame read in his killing. Regardless of the trial's outcome, legal experts said the proceedings exposed an often hidden side of law enforcement that can be rife with problems. Look, there is no doubt. There are some issues that need to be addressed. And there are, you know, dirty cops, cops that are going to cover for other cops, cops that are going to lie, cheat and steal. And unfortunately, when we see that, it really puts everybody in a bad light. And people who are already down on law enforcement, they're going to utilize that, right? They're going to use that as a tool. And they're going to point at this and say, look, look at how terrible this is. We need to defund the police. But the reality is we need to retrain the police. We need to make sure they have all of the training needed, all of the resources available that they need, and then once all of that occurs, we have to hold them to a high standard. And the unions and all the other people that want to get in the way when there's a bad apple, they need to understand that they're hurting their cause overall in the long run. And if there's a bad apple with convincing evidence that they're up to no good, they have to go because way too often, these police officers that are up to no good, they're protected by that blue line, right? Or like Alan Jackson said, that blue wall. One of the legacies of the Karen Reed murder prosecution is that it puts a spotlight on some of the flaws and missteps in the police investigation, said Daniel Medwed, a professor of law and criminal justice at Northeastern University, and an expert on wrongful convictions. If there are missteps and sloppiness in a murder investigation involving the death of a police officer, what does that suggest about the process in a more run of the mill case with a civilian victim, he said. And this has been my point from the jump. We're talking about a police officer who was killed here. And this is the kind of investigation that they launch. Now, I could see how people are like, look, this has to be a conspiracy theory. This has to be some sort of conspiracy between the police and others to put the blame on Karen Reed, because it's very hard to believe that an investigation could be this bad in this shoddy. But unfortunately, in my opinion, that's what it is, a bad investigation and a bad investigation leads to no justice for anyone. This should be cause for concern and some evaluation, he added. Yeah, I think that's an understatement. Star a Romer, a former Dallas County prosecutor turned criminal defense lawyer in Texas, said the actions of the lead investigator in the case, mass stay trooper Michael Proctor reflect a problem with some police officers who show little respect for the subjects of an investigation. Like how hard is it not to send those kinds of text messages? Is it really that difficult to be professional? When I worked at the sports book, believe me, there was a lot of shit I wanted to say to a lot of people. Yes, what I did, I shut my mouth and I remain professional. And I certainly wasn't investigating anyone for murder. But yet we have this do not over here, Mr. Proctor, who thinks it's a good idea to send these kinds of text messages as he's a lead investigator of this case, as if that's not going to come back to bite you. And once again, if Proctor is acting like this with a police officer lying dead in his district in his area of investigation, how do you think he feels when it's a regular person? Tom Dicker Harry gets mugged and killed. You think Proctor is going to interrupt this day to do the right thing? Come on, folks, we've all seen the way this dude gets down and if anyone deserves to be fired, it's true Proctor. At trial, Proctor acknowledged making derogatory comments about read and sharing details about the investigation with friends and family. He testified that the comments were unprofessional but did not compromise the investigation. What an idiot. We're having this conversation right now, aren't we stupid? So yeah, I would say your bullshit really comes close to compromising this investigation. And if it comes back with a not guilty verdict, a lot of it's going to rest on your shoulders stupid. I have never seen this kind of appearance of impropriety, Romer said. I'm sure that it happens every day. The difference between this case and other cases is that generally the detectives going home and talking to whoever about a case, they're not talking about it with people who know the people that are involved in the case and are potential suspects. Like for real, you want to go home and you're a detective and you want to talk in generalities about a case you're working on? Cool. Don't step out of line. Don't talk about the evidence in the case and certainly don't talk about people's medical conditions. Because people are going to talk about work, right? I know I have some friends who are police officers, detectives and otherwise who talk about work, they never get into specifics. And I never ask. And I'm telling you right now, if one of my friends who is a detective started talking through his hat about some shit like this, I'd ask him if he was okay, or if he was smoking toad venom. If I were a police officer and I saw this, it's like, how are you expected to go out and do your job? She added, how do you trust the police? The mass state police did not respond to a request for comment. A message left on a number listed for Proctor was not returned. A night out and an after party. Reading O'Keefe 46 who had been a Boston police officer for 16 years, had been at a bar with other current and former law enforcement officers the night before he was found dead. O'Keefe had planned on going to an after party at the home of now retired Boston police sergeant, prosecutors have said, but never made it inside. O'Keefe was discovered in the front yard of Brian Albertsholm around 6 a.m. on January 29, 2022. He was later pronounced dead at a local hospital. The medical examiner attributed his cause of death to blunt force trauma to the head and type of thermia. And Reed was later charged with second degree murder, vehicular manslaughter and other crimes. She pleaded not guilty. Yo, they really stacked the charges here hoping to get one, right? And I don't really like that. I think that each of these charges should have to be charged and have to be adjudicated and tried separately. Again, I don't think that the state should have any sort of unnecessary advantage over the citizens. I don't think that that is the way we should be doing things. If you want to try somebody for vehicular manslaughter, try him for that. If you want to try somebody for second degree murder, well, you better be able to meet your burden of proof. Try him for that. But don't bundle it all together. Prosecutors have alleged that Reed drunk and angry over her troubled relationship with O'Keefe back to SUV into her boyfriend while dropping him off at the afterparty. At trial, Norfolk County assistant district attorney Adam Lally said vehicle data from Reed's Lexus showed her SUV travel backwards for 60 feet at 24 miles per hour outside Alberts home. The SUV taillight was broken, Lally said, and pieces of it were later found outside Alberts home. Yeah, like 10 days later or something. Okay, obviously hyperbole there. But you mean to tell me that nobody could find these pieces of the shattered taillight the night it happened? They just happened to find them the next day, the next couple of days. Oh, the snow, the snow, the snow. You dudes don't have flashlights and shit. What's going on? You're from Canton, Massachusetts. Snow's all the time. How is it that the police department or state police are incapable of performing an investigation in these kinds of weather conditions? That would be like the police in Las Vegas, not being able to perform when it's hot. Ah, yeah, sorry guys, I wasn't able to collect that information. It was a little too hot out. I wasn't able to grab that. You know, we'll have to go back in a few days. What sort of dumbass cowboy cop type bullshit is this? And for me, again, as somebody coming into this cold, if I was a juror, there is no way I could convict on what I've seen here. Forensic testing show that O'Keefe's hair was on the vehicle's bumper and his DNA was on the tail light. Lally said Lally also pointed to read his own comments. I hit him. That emergency personnel recalled her saying on the morning of January 29th. And for me, look, when somebody's panicked, when somebody's in a state, they say some shit. I've seen people in shock say some things that'll knock your socks off, folks. I had a friend who got shot. And after he got shot, he was in such shock that he didn't even realize that he was shot. It was like we almost had to convince him that he had to go to the hospital. So when people go through something traumatic, when people are going through it, they'll say and do some crazy stuff. So look, I'm not saying that we shouldn't put any weight into what Karen Reed said. Of course we should. But we have to look at the overall situation, right? We have to look at all of the other evidence. And for me, there's not enough evidence to prove what she said, at least not enough proof to make it more than reasonable doubt. Reed says she was set up. Reed denied striking O'Keefe and her lawyers have said she dropped him off. And he went inside Albert's home. Reed later realized that her boyfriend never came home. Her defense team is head hours after Reed said she dropped him off. She went to look for him with two other women and found them in Albert's front yard. Reed's defense lawyers have challenged key pieces of prosecutions physical evidence, including the broken taillight, citing home security video that showed Reed backing into O'Keefe's car as she left a search for him on the morning of January 29th and discrepancies in Proctor's police reports. They suggested the pieces of taillight found outside the Albert's home could have been planted. Proctor testified that that discrepancy was a typo. Now look, does anyone believe anything Mr. Proctor has to say? And it's really unfortunate for John O'Keefe's family. Let's not forget. For me, anyway, that's the most important thing here justice for Mr. O'Keefe. And it's not looking like he's going to get any justice, is it? Looking like this is going to end up being one of those cases where we never know what the hell happened. And I attribute that directly to the investigators and their bullshit investigation. And the defense team has said that Reed's comments from the morning of January 29th were twisted from a panic question. Could I have hit him into a statement? And look, that's definitely something that's possible. Like I was just saying when you're going through it and you're suffering through something, you'll say some shit sometimes that you don't even realize you're saying. Medwed the northeastern professor said that how those comments were used may show confirmation bias among authorities. She's upset. She's speculating. He said she can't remember what happened because she was so inebriated. And maybe she's thinking she hit him. If you think Karen Reed is guilty, then all of those factoids would support that theory he added. 1000%. And again, I can see it from that point of view, right? I can totally see it. But I think a lot of people have tunnel vision. And when you have tunnel vision, and you're massaging your own bias, because you've already come to the conclusion that Karen reads guilty, then you're going to miss things, right? You're not going to be as open to evidence as you might be if you weren't being guided down the road by your bias. And that's exactly what's happened with a lot of people. And it happens time and time again with cases like these, because people want justice, right? I'm not saying that people out here that want Karen Reed to go to jail or bad people. I don't think that at all. I think they see the case from one perspective. And then you have the free Karen Reed people, they see it from a different viewpoint. And then there's the rest of us that aren't, you know, on one side or the other that are looking at this clinically and saying, Hey, look, there is not enough evidence here. And if you want me to convict her, as a juror, you're going to need to provide more evidence as far as the prosecution goes. And I just don't think that that burden has been met. Reed's lawyers who were permitted to present an alternative theory of O'Keefe's killing at trial argued that O'Keefe may have gotten into a fatal scuffle at the party with another law enforcement officer, an agent with the US Bureau of Alcohol, Tobacco, Firearms, and Explosives whom Reed had traded flirtatious texts with, then ghosted. The lawyers have alleged that those who attended the party then dump O'Keefe's body outside and frame Reed to cover it up. She was a convenient outsider in law enforcement officials' attempt to protect one of their own. Her lawyers said, "Lally has dismissed that claim as rampant speculation. And look, it's enough to muddy the waters, right? That's all he's trying to do, meaning Mr. Jackson. He's trying to muddy the waters, trying to make it look like anything but his client's guilty." And breaking news, folks, I know a lot of people don't want to hear it, but that's his job. Language and Relationships Under Scrutiny Proctor admitted during the trial that he used slurs and offensive language to describe Reed in text messages to family, friends, and supervisors. Now if I'm your supervisor and you send me a text message like that, we're going to have a big problem. Because I know later on down the road you could have your phone records subpoena the whole thing. And then you're going to look like an asshole, you're making everybody else look like an asshole, and if I'm your boss and you're talking to me like this, I'm certainly an asshole." During testimony, Proctor also acknowledged having undisclosed personal and professional ties to Albert, the former Boston sergeant who owned the home where O'Keefe was found. He testified that his comments and relationships did not compromise the investigation. Proctor testified that he had worked a cold case investigation with Albert's brother, an officer with the Canton Police Department, and had gone out drinking with him. And Proctor's sister was close friends with Albert's sister-in-law. The investigator testified that he'd previously asked the sister-in-law to babysit his children. I mean, come on. You guys, teed this ball right up for Alan Jackson up there in Canton. Here's an idea, if anyone was involved as far as knowing people, recuse yourself. But no, they can't even do that basic thing, right? Everybody has to be involved on the only one who can solve this case, just like that moron down there in Georgia, Fannie Willis, who thinks she's the only one who can try the cases. Here's an idea, lady. If your case is strong, take a step back and let the case do what it's going to do. But all these people that have to be involved, people like Proctor, they're the problem. And if you think looking at Proctor's records is going to stop with Karen Reed, you're sadly mistaken. Because in my opinion, this dude's up to his eyeballs and bullshit. During the investigation, Proctor testified he interviewed the sister-in-law, who had been out drinking with O'Keefe and Reed before the party, and admitted discussing that conversation with his sister. The sister-in-law later offered Proctor a thank-you gift via his sister when this is all over, according to text messages between the siblings that were presented as evidence in court. Yeah, that looks good. Doesn't look like he's getting any kind of gifts or anything like that. Even if he's not, the optics are bad. And why in the hell as an investigator would you give the defense that door to walk through? In testimony, Proctor said he never asked for a gift or received one. He denied sharing progress of the homicide investigation with his sister and added that he'd only made her aware of newsworthy stuff. Here's an idea, make her aware of nothing. Pretty simple. Proctor shared details of the investigation with several high school friends in a group chat on the night of January 29th. Hours after O'Keefe was found dead, one of the friends wrote that the person who owned the house where O'Keefe's body was discovered will receive some shit. Nope, Proctor responded referring to Albert. Homeowner is a Boston cop too. Oh, well, that's nice. Basically admitting that you're not going to investigate your buddy because he's a cop, huh? It's a good look. Rest of us feel real comfortable about that. Can't wait to get pulled over by Trooper Proctor when I'm visiting Canton. I'm sure that'll be a pleasant experience. Proctor presents a serious problem for the state's case said Romer, the former prosecutor turned defense attorney in Dallas. Everything about Trooper Proctor was a problem, she said. He shouldn't have been involved in this case. He should have taken himself out because he knew people that were witnesses in this case. I mean, it's not rocket science. As you all know, I'm not exactly what you would call fucking bright, okay? But I'm smart enough to know that if I'm investigating this kind of case, and I know all of the people involved, probably a good time to recuse myself. Meanwhile, Mr. Proctor over here, acting like the douchey is, decides to go the other way, and now has really put everything in jeopardy as far as the CW goes. It was bad enough with their shitty investigation, then you add all this other stuff to it. And even if she's convicted here, this has appeal written all over it. Mark my words. To avoid a potential conflict of interest, a police led the investigation into Okeve's death, but Proctor damaged that effort by sharing details about the case with others, Romer said. When you have somebody like Trooper Proctor going around, telling everybody in town, and to mend details of the investigation, you're compromising it, Romer said. Even if there's not a conspiracy, you're compromising it. He does not know who these people are talking to, but what he does know is that people that he's talking to know the people that live inside of the house where this happened. And that's really what it comes down to for me as well, even if there is no conspiracy. Mr. Proctor has compromised this whole entire thing. Two early morning phone calls. At trial, Proctor said he wasn't aware of two phone calls between Albert and the ATF agent, Brian Higgins, that the defense described as curious and potentially significant. The calls were made at 2.22 AM on January 29th, roughly four hours before Okeve was found dead. Higgins said he had no recollection of the calls. Albert said a one second call from his phone to Higgins was accidental. He said he didn't answer a return call moments later that lasted 22 seconds. Prior said he wasn't aware of the calls because investigators don't typically see witnesses' phones. In the chat with his friends, Proctor said that Reed, whom he called a whack job and identified using a slur, had waffled, Okeve, or hit him with the SUV. He added that there would be serious charges brought against her. And the word he called her was pretty disgusting, right? No need for it. Even if you think she's guilty, be a professional. Medweds said the revelations about Proctor's investigation showed that he's often seen in wrongful convictions, a tendency among investigators to develop tunnel vision, or a resistance to pursuing possible evidence or information that doesn't fit the theory of what happened. Bingo, 1000%, tunnel vision it is. This happens more often than you know, and a lot of people end up getting away with bullshit. Asked at trial if he'd wrapped up the case before fully investigating it, Proctor responded that in those early hours he'd already developed compelling evidence showing Reed had struck Okeve with her vehicle. No he hadn't. That was all assumption and speculation based on nothing but a preliminary very short investigation. So how the hell does he know what happened? Breaking news? He doesn't. The way that we see the evidence is changed by our expectations and our theory of the case, he said. It seems as if the police did develop a theory pretty early on that Karen Reed committed the crime. As the case evolves, there might have been other avenues of investigation that they didn't pursue. And I think that that is all logical. I think that that's something that has to be looked at. And I think that when you're talking about Karen Reed especially and this trial, then I think that there is no doubt that the investigation was shoddy from the jump and considering how bad the investigation was, how bad the investigators were. I really don't know how anyone can come to the determination that beyond the reasonable doubt, there's enough evidence here to convict Karen Reed. But obviously at least one of the jurors feels differently and that's why we have this situation where the deliberations have been ongoing. So we're going to continue to watch what's going on today and hopefully the jury decides and comes to a conclusion and we have a verdict in the Karen Reed case. And once we get that verdict, obviously we'll have another episode prepped up and ready to go and we'll get it added to the catalog. But until then, that's going to do it for this one. And all of the information that goes with this episode can be found in the description box.