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Judge Gildea has ordered that Michael Proctor must sit for a deposition. What does this mean for the Karen Read civil case, and how unusual is it for this to happen? Attorney Joseph Roche of Eden Rafferty breaks it all down. 📞 Joseph Roche 📧 [email protected] 🌐 Eden Rafferty... show more
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![BREAKING NEWS🚨🚨🚨:. Michael Proctor lost his last-minute request to delay his deposition in the Karen Read and John O'Keefe civil case. As a result, Proctor is required to attend a deposition with Alan Jackson on June 25th or July 14th. Karen Read and Alan Jackson have won, again. As the ruling was handed down late Monday at the conclusion of a 4:15PM ET Zoom hearing in front of Judge Gildea in Plymouth Superior Court --after an emergency 8:45AM ET hearing led to a six hour race-against-the-clock where Proctor's counsel was given one last chance to provide the court sufficient grounds to delay Proctor's deposition-- I reported: Judge Gildea finds that the supplemental submission does not meet the requirements to delay the deposition. Judge found that the person who submitted a document on Proctor's behalf was not qualified to do so. Then a random person named "Brendon" joined the Zoom and cussed. Then Judge went back to his ruling and found the letter submitted turned the request from Proctor into a request to delay his deposition forever. That, Judge Gildea found, was not what Proctor originally requested. Further, the letter was done by Committee but all Committee members were not present. The motion for a protective order is denied. Proctor shall appear TOMORROW, ruled Judge Gildea originally. However, due to scheduling conflicts for counsel, further discussion needed to occur and the hearing did not end. I then reported: Lawyers for all parties are now heading into a breakout room to discuss the nature of Michael Proctor's deposition. The hearing is not yet over, as Judge Gildea wants an update from Karen Read's counsel about how long this deposition will take before the end for the day. Shock and awe ruling from Judge Gildea right there, as to denying Proctor's request for a proactive order to delay his deposition. After the breakout room ended, I reported; Karen's lawyers propose the dates of June 25th (the day of a status hearing in the case) or July 14th. Judge Gildea modifies his order to say that Proctor shall appear on a date agreed to by counsel. Judge asks what depositions are scheduled for June 24th. The Brian Albert is on June 24th, but that may be subject to a motion to compel. Karen's deposition is also June 24th. The 26th is Matthew McCabe, also subject to discussion and a motion to compel, scheduled for 10AM ET. There will be a status conference on the 26th of June, 2026, at 9:45AM. "The timing of that hearing will encourage us all to be brief," Judge Gildea said. We will see you then. The hearing for June 25th is now moved to June 26th, 2026. Earlier today, I reported; The Michael Proctor and Sean Goode "Proctorgate" files have caused serious damage, and Karen Read stands tall. Read more about those shocking, and abhorrent, messages here (also discussed by Judge Gildea during today's hearing) wherein Proctor (a former State Trooper who investigated Karen Read for the death of John O'Keefe) and former Canton cop Sean Goode talked about everything from how Anne Frank was a "liar" to how Proctor felt Goode should "let them die" after Proctor noticed a car accident victim was, in Proctor's words, a "ni**er". Proctor also discussed "planting cocaine" on someone and, shockingly, said "America sucks" because the country stopped the Third Reich during World War II (while, at the same time, saying "Jews in Sharon" should be "put in a concentration camp") at this link: To this day, the death of John O'Keefe remains unsolved. Proctor is just one of multiple witnesses involving in the twice-failed prosecution of Karen for John's death who Read's lawyers have told Judge Gildea are attempting to avoid or delay depositions (including Colin Albert, Jennifer McCabe, Brian Higgins, Matt McCabe, Nicole Albert and Brian Albert). Last week, on Wednesday, I reported: In a shocking hearing before Judge Mark Gildea on Wednesday, Karen Read's lawyers announced that they have been forced to file a motion to compel a deposition of Colin Albert. Further, Karen's lawyers will be filing motions to compel depositions of Jennifer McCabe, Brian Higgins, Matt McCabe, Nicole Albert and Brian Albert, as those parties are seeking to delay their depositions until late July, or early August, of 2026. "Colin Albert refused to appear or produce documents...his attorney said he is unavailable and then, suddenly, said Colin would only be available for seven more days and, then, [Colin] would be gone for the entire discovery period," Karen's Lawyer, Aaron Rosenberg, told Judge Gildea during Wednesday's hearing. In that regard, here is the full recording of today's John O'Keefe and Karen Read hearing in Plymouth Superior Court. This case is one of three ongoing civil lawsuits (one in federal court and two in Plymouth District Court in front of Judge Gildea) that stem from the, yet-unsolved, murder of Boston Police Officer John O'Keefe. To this day, it is unclear if anyone has found the Mystery Man who is suspected of being at the center of potential upcoming investigations by state and federal authorities as to John's death. Read more about that Mystery Man here - More background on last Wednesday's hearing (also involving deposition disputes): Judge Gildea began Wednesday's hearing by asking counsel for all parties how many depositions have been conducted in the case. "I am hoping at least four have been taken," said Judge Gildea. The O'Keefe lawyer told Judge Gildea that only three depositions have taken place. Judge then asked the O'Keefe lawyer what depositions need to still take place for the plaintiffs. "There are 12," the O'Keefe lawyer responded, including Paul Markowski. The O'Keefe lawyers also need to change Karen's deposition until June 24th. The O'Keefe lawyers changed Karen's deposition from July to June 19th, but multiple lawyer's will not be working on that day as that day is a federal holiday. Judge was not pleased that so few depositions have taken place, but Judge understood that June 19th is a federal holiday and, in turn, Karen's deposition will be held on June 24th, 2026. Karen's lawyers had proposed four other dates and Mr. Diller (the O'Keefe lawyer) picked a federal holiday, instead. "It is beyond belief to me the number of experienced lawyers involved in this case, the length the case has been pending...for however long it has been pending for all parties...that there are so few depositions that have taken place...I don't need to hear all the details, and the nitpicking, what I need to hear is, going forward, how you all are going to get the discovery done," Judge Gildea said to all lawyers. Things, at that point, got quite intense, as Karen's lawyers then noted to Judge Gildea that they have six depositions currently scheduled for the following six witnesses; Brian and Nicole Albert, Matthew McCabe, Allie McCabe, Jennifer McCabe and Brian Higgins. However, the law firm for all of those people got back to Karen's lawyers last night, on June 2nd, 2026, at 9:45PM and said NONE of those witnesses could appear on the dates scheduled for their depositions and, for some reason, none of those witnesses are able to appear for depositions until late July of 2026 at the earliest. Stunningly, no reason was given for why those witnesses refused to appear for their depositions on the dates originally proposed by Karen's lawyers, Attorney Rosenberg told Judge Gildea. Those notices of depositions went out on May 5th, 2026, said Karen's lawyers, when Judge Gildea asked about that date (indicating Judge Gildea, already displeased with discovery and deposition delays in the years-old case, was not pleased to hear about witnesses, on their own accord, attempting to delay depositions by two more months). Karen's lawyers, picking up on Judge Gildea's frustration, then noted that they intend to file motions to compel those witnesses to appear for depositions as a result of the proposed delays. Also, during the hearing, it was announced that former Massachusetts State Trooper Michael Proctor will be deposed by Karen Read's lawyers on Monday, June 8th, 2026, per a statement from Karen's lawyers in court on Wednesday. The O'Keefe lawyer, for their part, noted they intend to depose Aidan Kearney, Karen Read, Kaitlin Boudreau Read (Nathan Read's wife), Janet Read, Nathan Read, William Read, multiple witnesses from the bars (C.F. McCarthy's and The Waterfall), and an outstanding deposition that Karen's team needed to move last week. Judge Gildea then asked what, if anything, he could do to help the parties (other than moving quickly on motions before the court when submitted). Both parties said they will involve the court, in motion practice, as needed going forward. Judge then wanted to know what motions have been sent out under Rule 9(a). It was at that point that Karen's lawyers announced that she will be filing a motion to compel production of documents and the deposition of Colin Albert. "Colin Albert refused to appear or produce documents...his attorney said he is unavailable and then, suddenly, said Colin would only be available for seven more days and then [Colin] would be gone for the entire discovery period," Karen's Lawyer, Aaron Rosenberg, told Judge Mark Gildea during the hearing. Earlier, Karen also announced that she intends to file similar motions for Brian Higgins, Matt McCabe, Jen McCabe, Nicole Albert and Brian Albert, as those witnesses are attempting to avoid their depositions until late July or early August of 2026. The O'Keefe lawyer, for their part, told Judge Gildea they intend to serve a motion to compel regarding Aidan Kearney as a keeper of record (and, for some reason, Diller wants documents from Aidan's ongoing case in Norfolk Superior Court). "File a motion and we'll put it on for an expedited hearing," Judge Gildea said regarding that issue, and any other motions to compel the parties may want to file (including the motion regarding Colin Albert that has already been served, and should be in the docket in the next few weeks). When a motion is served under Rule 9(a), it is first given to the opposing party who then responds. Then, the moving party (the "movant") is able to file a sur-reply. Only at that point does the entire motion to compel get compiled as a so-called "Rule 9 (a) package" and, in turn, appear on the docket (with all filings related to a given motion showing up at the same time). It is unclear when the motions to compel the depositions of Brian Higgins, Jen McCabe, Matt McCabe, Nicole Albert and Brian Albert will be served and, eventually, docketed with the court. Penalties for third-parties who avoid discovery, or document production requests, can include court sanctions, compelled deposition dates, and adverse evidentiary rulings if a motion to compel is granted, yet further delays then occur. Judge Gildea told all of the lawyers present that he expects to dive deep into the issue of who was issued deposition notices in this case, who avoided those depositions, who delayed depositions and, in turn, what remedies the court will impose. "We served it Monday," the O'Keefe lawyer then said, as the hearing ended (indicating a number of motions to compel discovery, or depositions, may be heard over the coming weeks under the sweltering heat of Judge Gildea's virtual courtroom stare).](https://image.24vids.com/tw-2064092679311610024/amplify_video_thumb/2064090057619722240/img/1UhZRtS7q6rAZyDj.jpg)
![BREAKING NEWS🚨🚨🚨: Michael Proctor will be forced to appear for his deposition with Alan Jackson and Karen Read, however Judge Gildea will delay his final ruling until 4pm ET today in order to supplement Proctor's "insufficient" arguments to the court regarding a protective order to delay that deposition. Another hearing will happen today at 4:15PM et TODAY (Monday, June 8th, 2026, via Zoom). Proctor's deposition, for now, is stayed for 24 hours. "For this case to proceed efficiently, and for our system of justice to work, certain basic things need to happen," Judge Gildea began during his ruling. "A subpoena needs to mean something, a lawyer's agreement needs to have some meaning, lawyers need to communicate with their clients, clients need to keep their attorneys informed, and when given an opportunity to provide support for a party's request, that party needs to avail themselves of the opportunity," Judge continued (scolding Proctor's counsel for failing to provide a sufficient record to justify a delay in Proctor's deposition, despite an order by the court on Friday for such information to be filed). Based on the record before me, there is insufficient information to support a delay in the deposition going forward, however, given the claims made in the filings over the weekend, I will delay making a final decision on the motion until 4PM today, to give Mr. Proctor's counsel to supplement the record before me," Judge Gildea concluded. The Michael Proctor and Sean Goode "Proctorgate" files have caused serious damage, and Karen Read stands tall. Read more about those shocking, and abhorrent, messages here (also discussed by Judge Gildea during today's hearing) wherein Proctor (a former State Trooper who investigated Karen Read for the death of John O'Keefe) and former Canton cop Sean Goode talked about everything from how Anne Frank was a "liar" to how Proctor felt Goode should "let them die" after Proctor noticed a car accident victim was, in Proctor's words, a "ni**er". Proctor also discussed "planting cocaine" on someone and, shockingly, said "America sucks" because the country stopped the Third Reich during World War II (while, at the same time, saying "Jews in Sharon" should be "put in a concentration camp") at this link: To this day, the death of John O'Keefe remains unsolved. Proctor is just one of multiple witnesses involving in the twice-failed prosecution of Karen for John's death who Read's lawyers have told Judge Gildea are attempting to avoid or delay depositions (including Colin Albert, Jennifer McCabe, Brian Higgins, Matt McCabe, Nicole Albert and Brian Albert). Last week, on Wednesday, I reported: In a shocking hearing before Judge Mark Gildea on Wednesday, Karen Read's lawyers announced that they have been forced to file a motion to compel a deposition of Colin Albert. Further, Karen's lawyers will be filing motions to compel depositions of Jennifer McCabe, Brian Higgins, Matt McCabe, Nicole Albert and Brian Albert, as those parties are seeking to delay their depositions until late July, or early August, of 2026. "Colin Albert refused to appear or produce documents...his attorney said he is unavailable and then, suddenly, said Colin would only be available for seven more days and, then, [Colin] would be gone for the entire discovery period," Karen's Lawyer, Aaron Rosenberg, told Judge Gildea during Wednesday's hearing. In that regard, here is the full recording of today's John O'Keefe and Karen Read hearing in Plymouth Superior Court. This case is one of three ongoing civil lawsuits (one in federal court and two in Plymouth District Court in front of Judge Gildea) that stem from the, yet-unsolved, murder of Boston Police Officer John O'Keefe. To this day, it is unclear if anyone has found the Mystery Man who is suspected of being at the center of potential upcoming investigations by state and federal authorities as to John's death. Read more about that Mystery Man here - Judge Gildea began Wednesday's hearing by asking counsel for all parties how many depositions have been conducted in the case. "I am hoping at least four have been taken," said Judge Gildea. The O'Keefe lawyer told Judge Gildea that only three depositions have taken place. Judge then asked the O'Keefe lawyer what depositions need to still take place for the plaintiffs. "There are 12," the O'Keefe lawyer responded, including Paul Markowski. The O'Keefe lawyers also need to change Karen's deposition until June 24th. The O'Keefe lawyers changed Karen's deposition from July to June 19th, but multiple lawyer's will not be working on that day as that day is a federal holiday. Judge was not pleased that so few depositions have taken place, but Judge understood that June 19th is a federal holiday and, in turn, Karen's deposition will be held on June 24th, 2026. Karen's lawyers had proposed four other dates and Mr. Diller (the O'Keefe lawyer) picked a federal holiday, instead. "It is beyond belief to me the number of experienced lawyers involved in this case, the length the case has been pending...for however long it has been pending for all parties...that there are so few depositions that have taken place...I don't need to hear all the details, and the nitpicking, what I need to hear is, going forward, how you all are going to get the discovery done," Judge Gildea said to all lawyers. Things, at that point, got quite intense, as Karen's lawyers then noted to Judge Gildea that they have six depositions currently scheduled for the following six witnesses; Brian and Nicole Albert, Matthew McCabe, Allie McCabe, Jennifer McCabe and Brian Higgins. However, the law firm for all of those people got back to Karen's lawyers last night, on June 2nd, 2026, at 9:45PM and said NONE of those witnesses could appear on the dates scheduled for their depositions and, for some reason, none of those witnesses are able to appear for depositions until late July of 2026 at the earliest. Stunningly, no reason was given for why those witnesses refused to appear for their depositions on the dates originally proposed by Karen's lawyers, Attorney Rosenberg told Judge Gildea. Those notices of depositions went out on May 5th, 2026, said Karen's lawyers, when Judge Gildea asked about that date (indicating Judge Gildea, already displeased with discovery and deposition delays in the years-old case, was not pleased to hear about witnesses, on their own accord, attempting to delay depositions by two more months). Karen's lawyers, picking up on Judge Gildea's frustration, then noted that they intend to file motions to compel those witnesses to appear for depositions as a result of the proposed delays. Also, during the hearing, it was announced that former Massachusetts State Trooper Michael Proctor will be deposed by Karen Read's lawyers on Monday, June 8th, 2026, per a statement from Karen's lawyers in court on Wednesday. The O'Keefe lawyer, for their part, noted they intend to depose Aidan Kearney, Karen Read, Kaitlin Boudreau Read (Nathan Read's wife), Janet Read, Nathan Read, William Read, multiple witnesses from the bars (C.F. McCarthy's and The Waterfall), and an outstanding deposition that Karen's team needed to move last week. Judge Gildea then asked what, if anything, he could do to help the parties (other than moving quickly on motions before the court when submitted). Both parties said they will involve the court, in motion practice, as needed going forward. Judge then wanted to know what motions have been sent out under Rule 9(a). It was at that point that Karen's lawyers announced that she will be filing a motion to compel production of documents and the deposition of Colin Albert. "Colin Albert refused to appear or produce documents...his attorney said he is unavailable and then, suddenly, said Colin would only be available for seven more days and then [Colin] would be gone for the entire discovery period," Karen's Lawyer, Aaron Rosenberg, told Judge Mark Gildea during the hearing. Earlier, Karen also announced that she intends to file similar motions for Brian Higgins, Matt McCabe, Jen McCabe, Nicole Albert and Brian Albert, as those witnesses are attempting to avoid their depositions until late July or early August of 2026. The O'Keefe lawyer, for their part, told Judge Gildea they intend to serve a motion to compel regarding Aidan Kearney as a keeper of record (and, for some reason, Diller wants documents from Aidan's ongoing case in Norfolk Superior Court). "File a motion and we'll put it on for an expedited hearing," Judge Gildea said regarding that issue, and any other motions to compel the parties may want to file (including the motion regarding Colin Albert that has already been served, and should be in the docket in the next few weeks). When a motion is served under Rule 9(a), it is first given to the opposing party who then responds. Then, the moving party (the "movant") is able to file a sur-reply. Only at that point does the entire motion to compel get compiled as a so-called "Rule 9 (a) package" and, in turn, appear on the docket (with all filings related to a given motion showing up at the same time). It is unclear when the motions to compel the depositions of Brian Higgins, Jen McCabe, Matt McCabe, Nicole Albert and Brian Albert will be served and, eventually, docketed with the court. Penalties for third-parties who avoid discovery, or document production requests, can include court sanctions, compelled deposition dates, and adverse evidentiary rulings if a motion to compel is granted, yet further delays then occur. Judge Gildea told all of the lawyers present that he expects to dive deep into the issue of who was issued deposition notices in this case, who avoided those depositions, who delayed depositions and, in turn, what remedies the court will impose. "We served it Monday," the O'Keefe lawyer then said, as the hearing ended (indicating a number of motions to compel discovery, or depositions, may be heard over the coming weeks under the sweltering heat of Judge Gildea's virtual courtroom stare). More as I know it.](https://image.24vids.com/tw-2063984352610910306/amplify_video_thumb/2063980779294572544/img/BOF8su80S5P85pRH.jpg)
![FULL HEARING: Karen Read and Colin Albert Motion To Compel Hearing (6/22/2026). Hearing notes: Judge Gildea was highly suspect of Colin Albert's lawyer after that lawyer suggested he "had done research" and "contacted the army 4 times" to determine if Colin Albert could be forced to sit for a deposition in a civil case while in basic training. "Did your research include what happens if the subpoena had already been served [before enlistment]?" Judge Gildea shot back. Later, Judge Gildea also scolded Albert's counsel for suggesting Colin's original deposition had been "cancelled": "You might not want to use the words 'the other side cancelled the deposition.' You should couch it in the terms that it is disputed." Karen's lawyers also announced that other witnesses -- including Brian Albert, Nicole Albert, Jennifer McCabe and Matt McCabe-- are attempting to avoid their depositions and, in turn, further motions to compel will be incoming. Shockingly Brian Tully, a state police officer in charge of the investigation of Karen for John's death, is also attempting to avoid being deposed by Karen's lawyers. Read's lawyers told Judge Gildea that Tully had agreed to be deposed on July 8th, 2026 and then, suddenly, last week, submitted a motion to the court seeking to quash (or cancel) the deposition without conferring with Karen's counsel before the motion was filed. Karen's lawyers told Judge Gildea that they wrote an opposition to Tully's motion to quash, and that those documents should hit the docket soon (Tully's counsel has to file them as a single Rule 9(A) package). Colin's lawyers said they disagree with the court about the validity of the subpoena served by Karen on Colin Albert. Then, Colin's lawyers said the parties would need to obtain the permission of Albert's commanding officer at basic training in order to make the deposition happen. "I've never done that before so I don't know how to make that happen," said Colin's befuddled lawyer. "I've called [the army] four times," Colin's lawyer said. "The reality is, neither we nor Mr. Albert have any authority to present him for a deposition during basic training. This is a 10 week program and, after that, we understand he will be available for leave," Colin's lawyer continued. "Given the burden this would impose..." Colin's lawyer tried to say, before being cut off by Judge Gildea, who noted; "Excuse me, the burden is self-imposed because there was a subpoena and, as I've said a number of times, a subpoena needs to mean something. And, also, there was an agreement between attorneys and an attorney's word needs to mean something." Colin's lawyers then tried to argue that Judge Gildea was wrong and the subpoena for Colin "is not valid." Judge Gildea did not take kindly to that argument, nor did Karen's lawyer Aaron Rosenberg. Rosenberg was furious that Colin's lawyer has refused to produce any documents and, also, that Colin's lawyer told the court a rescheduled deposition was somehow "cancelled." Rosenberg also had serious questions about whether Colin Albert disclosed his ongoing civil cases, and subpoenas, to the army before enlistment. "I would have a couple questions [about that process]: first, was Mr. Albert asked to identify this proceeding, and the subpoena that he had received, when he enlisted in the military? If he was, does that impact his ability to come back to Massachusetts to appear pursuant to the subpoena that was issued in this case?" Rosenberg began. "At the end of the day, everyone respects a person's decision to serve this country, but the timing of this [enlistment] is extremely relevant. We served the subpoena, we had the back and forth where we said we would reschedule, we waited three weeks for a response on the documents, we then got an email saying, 'Mr. Albert is available for the next 13 days and then he's gone.' That's not appropriate, and that's not in compliance with the subpoena that was issued by counsel through this court," Rosenberg continued. "And if there's something we can do to help make the taking of this deposition more possible, we're happy to do that, but there's been no proposal to do this. There is simply a response that says, '[Colin Albert] can't do [what you asked.]'" Karen's lawyer then noted that Colin's last-second request to extend a firm discovery deadline in the case is outrageous in light of Judge Gildea's firm enforcement of the end of the existing August, 2026, discovery period. Colin's lawyer than told Judge Gildea that, if the court orders Colin to appear for a deposition, Colin's lawyers will comply. During the hearing, Judge Gildea and Karen's lawyer Aaron Rosenberg also discussed the scope of discovery related to Colin Albert and Colin Albert's movements on the early morning of John O'Keefe's death (1/29/22). Colin's lawyer was allowed to participate in the hearing without being pro hac'd into the case (Colin's lawyer is from another state for some reason). Colin's lawyer objected to producing communications between Colin Albert and his parents that went beyond matters relating to the death of John O'Keefe, but Rosenberg pointed out to Judge Gildea that the case is about far more than John's death, as there are also allegations of conspiracy related to Karen's public narrative about her innocence. Karen's lawyer proposed to Judge Gildea that the parties could work together on a list of search terms related to those documents requests. Colin's lawyer than objected to providing information in the case about Colin's messages about Karen on his phone. Colin's lawyer suggested these documents should not be turned over because a journalist, Aidan TurtleBoy Kearney, is facing charges related to his coverage of the John O'Keefe and Karen Read case. Next hearing on motions to compel will be July 6th, 2026, at 2PM ET. Our next status hearing in this matter is on June 26th, 2026, at 9:45AM ET. Thank you to Canton Community TV (Canton Community TV) for the pool footage!](https://image.24vids.com/tw-2069350829220397204/amplify_video_thumb/2069346286793334784/img/7Ny2tHOvsDYRwMJf.jpg)
