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Former Trooper Michael Proctor denied deposition delay, rescheduled for later this month

Colleen Cronin, Boston Herald on

Published in News & Features

BOSTON — A judge ruled former State Trooper Michael Proctor can not delay his deposition for a wrongful death suit against Karen Read, but because of scheduling issues, it will be postponed anyway.

Plymouth County Superior Court Judge Mark Gildea said that he found both the original affidavits in support of the motion to delay as well as additional information he requested be filed by 4 p.m. Monday afternoon was “insufficient” to postpone the deposition.

Those records have been impounded, but lawyers mentioned in open court that the materials included both medical and “family emergency” information.

Gildea called Proctor’s motion an “extraordinary request before the court, which is to continue a long-notice deposition.”

The judge ordered that Proctor be deposed Tuesday, but Read’s lawyer Damon Seligson said that wouldn’t work for counsel’s schedules. So, the deposition has been rescheduled for June 25, the day before the case’s next status conference, and July 14.

Read is being sued by her late boyfriend Boston Police Officer John O’Keefe’s family, who claim she is responsible for his death. He was found injured in front of a Canton home in early hours January 29, 2022 during a snowstorm and was taken to a local hospital where he was pronounced dead. Read had dropped him off at the home the night before.

Read was tried twice for second-degree murder. The first trial ended in a hung jury. She was acquitted in the second last summer. Proctor was the lead investigator for the state police in the criminal case against her.

Monday’s decision came after a two-part hearing, during which Gildea questioned the actions of both Proctor and Read’s legal teams.

On choosing to file a motion to delay the deposition, Proctor’s lawyer Matthew Hamel said that, “99% of the time, I could pick up the phone and call opposing counsel … ”

But Gildea interrupted him, saying, “Normally, you could, but normally it wouldn’t be four or five days before deposition.”

Proctor had alerted his lawyers that he couldn’t attend the deposition scheduled for Monday on Thursday — the same day that Read filed a lawsuit against the Mass State Police, citing explosive racist and sexist texts sent by Proctor while he was an investigator.

According to the suit, Proctor wrote, “America sucks…. Hitler was really on to something then the (expletive) US had to step in and ruin it.”

In another, he allegedly texted about a car crash involving a Black motorist, using a slur to refer to the person and writing, “I wouldn’t rush if you’re working. Let them die.”

The day after the suit was filed, Proctor’s attorneys informed Read’s legal team, leaving only one business day, the judge said, before the deposition was set to take place.

“A subpoena has to mean something,” Gildea said, before sending Hamel off to provide more information on the reason for the delay to the court, which he ultimately denied in the afternoon.

 

When arguing against the delay, Seligson cited the time and expense that his client’s legal team had spent preparing for the “strategic” deposition.

Gildea asked what Seligson meant. The judge brought up a national TV interview Read and her counsel sat down for last week about the MSP suit, and wondered whether filing the suit just before Proctor was to be deposed was on purpose.

Seligson said his use of the word strategic had, “Nothing to do with the Massachusetts State Police complaint we filed.”

Although Read wasn’t legally required to inform Proctor ahead of filing that suit, the judge said it seemed “unreasonable” not to do so.

Gildea also questioned why Read’s team had scheduled a deposition with Proctor, then scheduled other events for the following day, when the other depositions taken for the case so far had been long.

“People’s schedules don’t allow for it to continue the second day,” Seligson responded.

At one point, the judge also lectured both Read and Proctor’s legal teams about professional courtesy and treating all involved with “dignity and kindness.”

Proctor isn’t a party to the wrongful death suit, but is a witness.

Proctor was an MSP detective assigned to the Norfolk DA’s office. His career ended when a series of crude and insulting texts about Read came to light during her first trial. Proctor was removed from duty and ultimately fired. Read was acquitted of O’Keefe’s murder last summer.

Since O’Keefe’s death and the failed criminal case against Read, there have been a slew of suits filed in federal and state court by Read and others.

In addition to Read’s state lawsuit against the MSP, she has also filed a suit against the agency and other departments in federal court. Several people who were inside the Canton home after Read dropped off O’Keefe — retired Boston cop Brian Albert, Nicole Albert, Jennifer McCabe, Matthew McCabe, and Brian Higgins — are also named in the federal suit.

The Albert and McCabe families have also sued Read and Aidan Kearney, who runs the Turtleboy X account, for defamation.

For the Plymouth County wrongful death suit, all parties will be back in court June 26 at 9:45 a.m. for a status conference.

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