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COUNT ‘EM UP‼️ Program-record 9️⃣ sacks for Danny Collins H.A.V.O.C. defense vs. No. 25 Nebraska #RTB #SkiUMah #Gophers
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![NEW: Here's the walk and talk from after the final pretrial conference leading up to next week's Karen Read retrial. I asked Karen if she was pleased to win a motion preventing her text messages with David Yannetti from coming into evidence (possibly involving a confession that Karen "didn't think she hit John that hard" with her car on the morning of 1/29/22). Although Karen had no comment, Read did mention she does not plan to be silent going forward during trial, when questioned by my colleagues (however her lawyers are subject to a gag order, and only commented on the Celtics). Also, while Aidan TurtleBoy earney was at today's hearing, he left before Read walked out of the courthouse. Kearney, who is on the state's witness list, has already had the contents of his phone handed over to Hank Brennan, as to Kearney's communications with Read, and that may well be a preview of Brennan's upcoming motion for a consciousness of guilt instruction to jurors during Read's retrial. Overall, after a flurry of other motions were decided earlier last week, only two dozen motions remain outstanding before jury empanelment begins on Tuesday April 1, 2025. Judge Cannone still has a number of motions under advisement (including major motions related to the defense being prohibited from, again, raising a third party culprit defense without court permission, along with motions related to introducing evidence of John O'Keefe's state of mind, as to John wanting to end the relationship with Karen because of Karen cheating and because of Karen's views on John's adopted, double-orphaned, niece and nephew). 30 such motions have been decided, and 22 remain outstanding, as of 2pm ET on 3/25/25. I. Motions with rulings: 1. Commonwealth's Motion to Unseal FTR Audio from March 4, 2025 for Counsel of Record Only (Docket 542) Ruling: Allowed (Cannone, J) - Dated 3/4/25 2. Commonwealth's Motion to Unseal Recordings of Gretchen Voss and/or Metro Corp. (Docket 543) Ruling: Allowed without opposition (Cannone, J) - Dated 3/5/25 3. Commonwealth's Motion for Protective Order (Docket 557) Ruling: So Ordered (Cannone, J) - Dated 3/10/25 4. Defendant's Motion in Limine to Exclude Certain Witnesses Before and After Testimony (UNREDACTED) (Docket 562) Ruling: Allowed, except those witnesses exempted by Docket 576. Witnesses are sequestered before and after testimony until the close of evidence. When testimony is concluded, the courtroom is open and no one is excluded. (Cannone, J) - Dated 3/18/25 5. Defendant's Motion in Limine for View (Docket 564) Ruling: Allowed; Counsel need to work out details of exactly how Defendant will attend. (Cannone, J) - Dated 3/18/25 6. Defendant's Motion in Limine to Prohibit Testimony Regarding Funds Paid to Experts for Purposes of Voir Dire (Docket 565) Ruling: Allowed by agreement (Cannone, J) - Dated 3/18/25 7. Defendant's Motion for Attorney-Conducted Panel Voir Dire (Docket 566) Ruling: Denied (Cannone, J) - Dated 3/18/25 8. Defendant's Motion for Order Prohibiting the Commonwealth and its Agents from Speaking with or Having Contact with Any Witnesses Once They Have Taken the Stand (Docket 567) Ruling: Allowed as to both sides (Cannone, J) - Dated 3/18/25 9. Defendant's Motion to Impound Defendant's Motion in Limine to Exclude Irrelevant, Inadmissible, and Prejudicial Evidence Regarding Alleged Harassment and/or Intimidation of Witnesses (Docket 568) Ruling: Allowed (Cannone, J) - Dated 3/18/25 10. Defendant's Motion to Impound Defendant's Motion in Limine to Exclude Witness's Prior Criminal History (Docket 572) Ruling: Allowed (Cannone, J) - Date not specified 11. Defendant's Motion in Limine to Exclude Witness's Prior Criminal History (IMPOUNDED) (Docket 574) Ruling: Allowed without objection (Cannone, J) - Dated 3/18/25 12. Commonwealth's Motion in Limine to Allow In-Court Identification (Docket 577) Ruling: Allowed (Cannone, J) - Dated 3/19/25 13. Commonwealth's Motion in Limine to Admit (1) Victim's Photograph and (2) Photographs of the Victim's Injuries as Observed by Medical Providers on January 29, 2022 from Autopsy (Docket 578) Ruling: Allowed (Cannone, J) - Dated 3/19/25 14. Commonwealth's Motion in Limine to Introduce Certified Records from Registry of Motor Vehicles (Docket 580) Ruling: Allowed (Cannone, J) - Dated 3/18/25 15. Commonwealth's Motion in Limine of Intent to Obtain CORI Records of Potential Jurors (Docket 581) Ruling: Allowed (Cannone, J) - Dated 3/18/25 16. Commonwealth's Motion for Offer of Proof Prior to Defendant Calling or Summoning the Norfolk District Attorney and Victim Witness Advocate as Witnesses and Request for an Order that Neither is Subject to a Sequestration Order (Docket 582) Ruling: Allowed; No objection (Cannone, J) - Dated 3/18/25 17. Commonwealth's Motion in Limine Requesting Use of Chalks and Directing Both Parties to Provide Visual Presentations and Chalks Prior to Using (Docket 583) Ruling: Allowed (Cannone, J) - Dated 3/19/25 18. Commonwealth's Motion in Limine to Allow Expert Cellebrite Demonstration (Docket 584) Ruling: After hearing, Allowed (Cannone, J) - Dated 3/21/25 19. Commonwealth's Motion in Limine to Admit Results of Defendant's Blood Draw at Good Samaritan Hospital and Resulting Serum Conversion and Retrograde Extrapolation (Docket 586) Ruling: After hearing, Allowed (Cannone, J) - Dated 3/21/25 20. Commonwealth's Motion in Limine to Preclude Reference to Any Alleged "Bad Character" and Any Prior "Misconduct" of the Victim or Any Witness (Docket 587) Ruling: If counsel intend to introduce this evidence, Defendant must provide notice to the Commonwealth one week before the evidence begins (Cannone, J) - Dated 3/19/25 21. Defendant's Motion in Limine to Exclude False and Irrelevant Statements of Michael Proctor (Docket 591) Ruling: Commonwealth does not intend to offer this evidence. Stated in open court on 3/20/25 (Cannone, J) - Dated 3/20/25 22. Defendant's Motion in Limine to Allow Counsel to State Grounds for Objections to Promote Judicial Economy and Efficiency and to Adequately Preserve Issues (Docket 595) Ruling: Denied (Cannone, J) - Dated 3/19/25 23. Defendant's Motion to Impound the Defendant's Motion in Limine to Prohibit the Norfolk District Attorney and Massachusetts State Police from Having Juror Contact (Docket 597) Ruling: Allowed in that the Exhibits are Impounded (Cannone, J) - Dated 3/12/25 24. Defendant's Motion in Limine to Prohibit the Norfolk District Attorney and Massachusetts State Police from Having Juror Contact (Docket 599) Ruling: Motion based on a false premise. No one other than Trial Court Security coordinates juror security, and no one other than Court Officers has contact with jurors during trial. Norfolk County DA’s office, State Police, defense counsel, and media will have no contact with trial jurors (Cannone, J) - Dated 3/19/25 25. Defendant's Motion to Impound "Exhibit 1" in Support of Defendant's Motion in Limine to Exclude the Testimony of Commonwealth's Witness Dr. Judson Welcher, M.S., Ph.D., and Request for Voir Dire (Docket 604) Ruling: Allowed (Cannone, J) - Dated 3/14/25 26. Defendant's Supplemental Motion for Admission Pro Hac Vice of Mark A. Bederow (Docket 549) Ruling: Decision and Order [denying motion] issued (Cannone, J) - Dated 3/7/25 (Docket 551) 27. Commonwealth's Motion for Protective Order (Docket 617) Ruling: So Ordered (Cannone, J) - Dated 3/20/25 28. Defendant's Motion to Exclude the Testimony of the Commonwealth's Witness James W. Crosby, MS PhD Ruling: Denied (Cannone, J) - Dated 3/6/25 (Docket 548) 29. Commonwealth's Motion for Records from Dockets 2842CR00043 and 2382CR00313 [Aidan TurtleBoy Kearney open felony cases involving Read trial witnesses and Lindsey Gaetani) addressed to Special Assistant District Attorney Robert Cosgrove (Docket 546) Status: Allowed in part (Sisitsky, A). Memorandum & Order was issued on 3/20/25 (Docket 615) and an Order for Production of Records followed (Docket 616) 30. Commonwealth's Motion to Compel Communications Between the Defendant and Attorney Yannetti Stored within the Defendant's Cell Phone Data (Docket 618) Status: Denied (Cannone, J) - Dated 3/25/25 II. Motions with No Ruling or Taken Under Advisement: 31. Defendant's Motion to Exclude the Purported Expert Testimony of the Commonwealth's Proffered Witness Dr. Aizik L. Wolf and Request Daubert-Lanigan Hearing (Docket 540) Status: No ruling specified 32. Commonwealth's Motion for Extension of Time to File Motions in Limine Related to Defense Expert Reciprocal Discovery (Docket 552) Status: No ruling specified 33. Commonwealth's Motion to Correct the Record (Docket 553) Status: No ruling specified 34. Defendant's Motion in Limine to Present Demonstrative Exhibit Based on Christina Hanley's Testimony (Docket 558) Status: No action taken at this time (Cannone, J) - Dated 3/20/25 35. Defendant's Motion in Limine to Exclude Irrelevant, Inadmissible, and Prejudicial Prior Bad Character and Propensity Evidence (Docket 559) Status: No ruling specified 36. Defendant's Motion to Impound Portions of Defendant's Motion in Limine to Exclude Certain Witnesses Before and After Testimony (Docket 560) Status: No ruling specified 37. Defendant's Motion in Limine to Exclude Serum/Plasma Ethanol Concentration, Blood Ethanol Concentration Conversion, and Corresponding Retrograde Extrapolation Analysis (Docket 571) Status: No ruling specified 38. Commonwealth's Motion in Limine to Appoint Court Stenographer, Prevent Identification of Jurors, and Impound Juror Names During Trial (Docket 575) Status: No ruling specified 39. Commonwealth's Motion in Limine for Sequestration Order and for Relief from that Order for Family Members of the Victim (Docket 576) Status: No ruling specified (though referenced in Docket 562 as exempting certain witnesses, indicating 576 may soon be allowed) 40. Commonwealth's Motion in Limine to Preclude Reference to and Redact the Manner of Death Contained on the Victim's Death Certificate (Docket 579) Status: No ruling specified 41. Commonwealth's Motion in Limine to Admit the Victim's Out of Court Statements Relating to His State of Mind (Docket 585) Status: No action taken - Need to see how the evidence develops (Cannone, J) - Dated 3/20/25 42. Commonwealth's Motion in Limine to Prohibit Reference to Any Pending Internal Affairs Investigations; Sustained Findings Unrelated to This Case; or Unfounded Allegations of Misconduct (Docket 588) Status: No action (Cannone, J) - Dated 3/19/25 43. Commonwealth's Motion in Limine to Preclude the Defendant from Raising a Third-Party Culprit Defense (Docket 589) Status: No ruling specified (Defense filed opposition, 3/25/25, Docket 625) 44. Commonwealth's Motion for Attorney-Conducted and Individual Voir Dire of Potential Jurors and Proposed Jury Questionnaire (Docket 590) Status: No ruling specified 45. Defendant's Motion in Limine to Allow Evidence of Lack of Bias (Docket 593) Status: No ruling specified (Commonwealth filed opposition, 3/17/25, Docket 610) 46. Defendant's Motion for Reconsideration of March 6, 2025 Court Order Denying Defendant's Motion to Exclude the Testimony of the Commonwealth's Witness James W. Crosby, MS PhD (Docket 601) Status: No ruling specified 47. Defendant's Motion in Limine to Exclude the Testimony of Commonwealth's Witness Dr. Judson Welcher, M.S., Ph.D., and Request for Voir Dire (Docket 606) Status: No ruling specified (Commonwealth filed opposition, 3/17/25, Docket 609) 48. Commonwealth's Motion in Limine to Exclude Expert Testimony of Garrett Wing (Docket 607) Status: No ruling specified 49. Commonwealth's Motion in Limine to Exclude Defense's Expert Michael Easter's Opinion of the Investigation (Docket 608) Status: No ruling specified 50. Commonwealth's Motion for Buffer Zone and Order Prohibiting Signs or Clothing in Favor of Either Party or Law Enforcement (Docket 611) Status: No ruling specified 51. Defendant's Assented to Motion to Continue Trial Date on or After April 25, 2025 (Docket 613) Status: Denied without prejudice. Trial will begin with empanelment on April 1, 2025 as scheduled. If a jury is selected before April 28, 2025, counsel may renew the motion prior to the jury being sworn (Cannone, J) - Dated 3/19/25 51. Commonwealth's Motion for Records: Unsolved Productions, INC (Docket 620) Status: No ruling specified 52. Defendant 's Motion to Dismiss for Extraordinary Governmental Misconduct (REDACTED) (Docket 519) Status: No ruling specified (Commonwealth filed opposition 2/28/25, Docket 526) Please let me know if I missed any rulings, or if any information is misplaced. This content may be reposted, with attribution and a link to the original post.](https://image.24vids.com/tw-1904598637688348869/ext_tw_video_thumb/1904593390458531840/pu/img/6J3A6mJpvBwI5SDd.jpg)
