The next Kelsey Fitzsimmons Fundraiser is Sunday night at 6:00pm on the MazzaMedia Live Show! We will be promoting Kelsey’s new channel on YouTube and her upcoming video premiere!
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#KelseyFitzsimmons
Today's O'Keefe v. Karen Read / Canton Bars status conference was brief, but it gave a good snapshot of where discovery stands heading into July.
Judge Gildea summed it up best:
"Sounds like we're trying, but we're not getting very far."
At this point, it appears the remaining discovery and deposition disputes are going to be resolved through motions to compel rather than agreements between the attorneys.
Depositions that have recently taken place:
🔹️Karen Read (day one completed, continuation to be scheduled)
🔹️Michael Proctor (started late and ended early per Proctor's request, next date July 14)
🔹️Allie McCabe
🔹️Kaitlin Boudreau (Karen Read's sister in law)
Upcoming depositions currently on the calendar ⤵️
Plaintiffs (O'Keefe family):
🔸️Continuation of Karen Read's deposition
🔸️Motion to compel Aidan Kearney's deposition
🔸️Motion to compel further interrogatory responses from Karen Read
Karen Read:
🔹️Town of Canton deposition - July 13
🔹️Motion to Compel Brian Tully
🔹️Motion to Compel Matt McCabe, Jen McCabe, Brian Albert, Nicole Albert, Brian Higgins
Waterfall:
🔸️Michael Camerano
🔸️Caitlin Albert
🔸️MSP forensic scientist Nicholas Roberts (Karen Read blood alcohol analysis) - July 10
🔸️Karina and Nicholas Kolokithas - July 29
CF McCarthy's:
🔹️Their owners are being deposed
🔹️Coordinating with Waterfall regarding the Kolokithas depositions on July 29
The attorneys also confirmed that the entire week of July 13 is essentially booked with depositions every day, which is one of the reasons Judge Gildea wants regular status conferences as discovery moves toward the August 17th deadline.
Upcoming court dates will be July 10th at 2:00 pm (motion to compel hearing) and July 16th at 9:45 am (status conference to update the court on the progress of discovery).
The pace of discovery is finally picking up, but many of the key witnesses are still tied up in motion practice. July is shaping up to be one of the busiest months yet in the O'Keefe v. Read litigation.
A bullet almost ended my life.
The justice system almost took the rest.
Five surgeries. Fifty-three days in the hospital. One hundred thirty-eight days behind bars. Hundreds of days separated from my son.
I was acquitted—but surviving wasn’t the end of the story.
This is the official teaser for Case Notes: Unfiltered.
The truth doesn’t stay buried forever.
🎙️ The full first episode will be streamed on all platforms and premieres June 30 at 5:15PM EST.
YouTube: https://t.co/LlMYl6QXoe
Substack: https://t.co/vkZuCNgQV2
Thank you to everyone who’s supported me along the way. I can’t wait to finally share my story with you.
I haven’t made this ask here in a while, but if you've thought about making a contribution (or contributing again!), now is the time — we have less than 10 weeks to go before the primary and every dollar in the door means more opportunities to continue building momentum across Norfolk County!
Go to https://t.co/u5lRMaXjib to support the campaign.
👀 Paragraphs 14 & 15
Bederow shows a paper trail proving Proctor actively helped draft the initial witness intimidation charges!!
On July 28 and 29, 2023, Bukhenik emailed Proctor draft reports titled "McCabe harassment" and "Albert harassment". Bukhenik explicitly asked Proctor for his investigative input and if anything needed to "be fixed". MINUTES LATER, Bukhenik sent updated, "more accurate" versions of those reports back to Proctor. Did Cosgrove lie to the court about Proctor’s involvement?
This mornings hearing:
-Karen Reads team will be filing a motion to compel for Matt McCabe very shortly.
-Proctors depo started 2.5 hours late (at his request) at 12:30pm and ended at 5pm (at his request)
-Karen Read sat for her full day deposition and they will be scheduling another day to finish
-Allie McCabe sat for her deposition ✅
-Karina and Nicholas Kolkatas have their depositions scheduled for July 29
Judge Gildea says “we’re trying but not getting very far and I guess we need the motions to compel” 😏💪🏼
When Proctor’s attorney low key accused Read of leaking Proctor’s emergency motion, the Court laughed and suggested that maybe Proctor meant the judge leaked it! Did he demand a factual basis for Proctor’s accusation? No. He just said Seligson he couldn’t address it.
Today at 5:00 PM EDT the incomparable @Bederowlaw joins us for a cozy fireside chat…and we will be talking about whatever the hell Mark wants to chat about! It’s bound to be a good time…so come and hang!
https://t.co/HMFxvV5z3w
In light of retired MSP Lt. Brian Tully seeking to quash his subpoena in the KR civil suit, I wanted to reshare Tully’s full IA report that I obtained through a FOIA request at the beginning of this year.
Worth a read through again, especially the interviews of the higher ranks Gerald Collins and Leonard Coppenrath. This went all the way to the top. They all knew what was going on and they all protected each other.
Fascinating. Absolutely fascinating.
Here's the guy everybody had to wait on to give the go-ahead to plant the taillight (allegedly). He supervised the entire investigation. Now Brian Tully wants the Court quash, "in its entirety," a subpoena directed to him in the O'Keefe family's wrongful death civil case, because:
🔹 A "subpoena is not a legitimate exercise of discovery." Huh?
🔹 He's retired (i.e., he's been "re-homed").
🔹 He wasn't the "primary investigator."
🔹 It's burdensome.
🔹 He has a motion to dismiss pending in the (later-filed) federal civil rights case, and he wants to pretend that case came first and is somehow more important.
The O'Keefe family must prove Karen Read struck Officer O'Keefe with her SUV in order to win their wrongful death case. They cannot possibly do that without extensive testimony from Brian Tully. Yet Tully's lawyer wants Judge Gildea to agree that Tully shouldn't be deposed - at all!
Faced with the reality that he (a) previously agreed (in writing) to attend his deposition and (b) blew past the ten-day limit to object to the subpoena, he argues that shouldn't matter because . . . he's Brian Tully (I guess).
On top of that, Tully says his lawyer never tried to comply with Superior Court Rule 9C ("counsel for each of the parties shall confer in advance of filing any motion") because his lawyer "did not believe a conference would be productive." But he's now willing to comply if the "Court would find it useful." There's that Brian Tully exception again!
Clown world, folks. A complete waste of the Court's time and resources, imho.