Karen Read wants the Norfolk District Attorney’s Office (NDAO) to turn over all the data it has from former State Police Trooper Michael Proctor’s cell phones, according to a new court filing.
Read, who is facing a wrongful death civil lawsuit filed by John O’Keefe’s family, claims Proctor’s phone data is essential to her defense: that O’Keefe’s death was the result of a confrontation at 34 Fairview Road in Canton, and she was framed.
Read’s legal team filed a Motion to Compel the NDAO to hand over all data in its possession from Proctor’s cell phones. Read argues the material previously shared from the federal investigation of her criminal case, is just the tip of the iceberg.
“There is no reason to believe that the previously-identified damning messages are the only ones of their kind,” Read’s motion argues, theorizing that the full data set will contain evidence that supports her allegations of a police conspiracy. Her lawyers point to the recent revelation that the NDAO’s internal review of this data led to Proctor abruptly dropping his appeal to regain his job.
The Norfolk District Attorney’s Office has filed an opposition to the motion, arguing that Read’s demands are excessive and conflict with their duties in other cases. The NDAO argues it is already reviewing a “voluminous” amount of data for relevant material in other criminal cases that Proctor was involved in.
The NDAO calls Read’s demand “overbroad and unduly burdensome,” stating that the requests for all communications and cloud data are unmanageable. The office contends that the new data contains highly sensitive and irrelevant personal information.
The NDAO claims the data “is restricted to other cases Proctor worked and contains highly personal information that has nothing to do with Read or her case.” The NDAO is asking the court to deny the motion or pause the request until its done reviewing the data.
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