Tuesday’s motion hearing in the on-going preparation for Karen Read’s retrial offered a lot of excuses, a big admittance and not much else out of the defense as the subject of the independence of the ARCCA witnesses was finally dealt with; and oh yes, the pesky end of the federal investigation came up as well.
Last week’s motion hearing was abruptly paused as Judge Beverly Cannone said that she had “grave concern” about information shared by the Commonwealth that “may have profound effects” on the murder trial. Tuesday was the defense’s chance to address those concerns.
Those concerns turned out to be the defense’s involvement with and their portrayal of expert witnesses from ARCCA as independent during the trial when the new information showed contact in preparation for their testimony and a $24,000.00 payment made to the experts after the trial concluded.
They also involved discovery that was apparently turned over by the defense from the U.S. attorney’s now-concluded investigation of the Karen Read case. Despite claims by the defense in the past, and current claims by Aidan “Turtleboy” Kearney, multiple news outlets have confirmed that the investigation has concluded.
ARCCA is a company that specializes in forensic engineering and expert witness consulting that was hired by the federal government in their investigation of murder accusations against Karen Read.
Supposedly independent, they were portrayed as outsiders during Read’s first trial for murder with no ties to the defense or prosecution and, more importantly, they were supposedly put on the stand without contact or preparations from the defense with an implication that their findings represented the government’s findings in the then on-going investigation.
Tuesday’s hearing was dominated by attorney Robert Alessi, who spent several hours countering claims by special prosecutor Hank Brennon that questioned the independence of the ARCCA witnesses.
At trial and leading up to Tuesday’s hearing, lead attorney for the defense, Alan Jackson, contended that the experts had always been independent and had not disclosed that the experts were in fact paid by the defense. Jackson may be removed from the case due to his apparent misstatements and post-trial production of discovery material related to the experts.
Alessi defended the use of the witnesses, claiming that both the prosecution and defense had the opportunity to use the witnesses and that there was no improper contact or preparation done with the witnesses by the defense.
He addressed the claims that the experts were paid, by stating that he was ordered to pay an invoice presented to the defense by Adam W. Deitch of the United States attorney’s office after the trial had concluded.
While previous reports had indicated that the $24,000.00 payment was for travel and housing for the two ARCCA witnesses, who traveled from Philadelphia to Boston and stayed in the area for two days, it was revealed that the payment was for their testimony and services at the trial.
In his deflection, Alessi blamed the court reporter, the prosecution, the judge, the press, and defense counsel Melanie Little for the confusion surrounding the supposed independence of the ARCCA Witnesses. Attorney Jackson was spared of blame and defended by Alessi.
The prosecution, represented by special prosecutor Hank Brennon, was allotted roughly half an hour to refute Alessi’s several-hour statement. It is unclear if more time will be made for his arguments next week with scheduled motions hearings late in the week.
No rulings or announcements have been made by Judge Beverly Cannone as of press time.
Update: On Wednesday, Karen Read’s lawyers filed a motion to dismiss all charges in the case based on “extraordinary government misconduct.” As the new motion is sealed, speculation has been that the motion addresses attorney Robert Alessi’s contention that the prosecution had acted to bias future juries against Read by making the accusations against her defense team leading to Tuesday’s hearing.
