Karen Read case fallout: Defense attorneys fight for ex-Trooper Michael Proctor’s digital files
Defense attorneys are up in arms over the possible destruction of disgraced former Massachusetts State Police Trooper Michael Proctor’s iCloud account, which they say could contain important evidence that could clear their clients.
“I’m just looking to get what I’m entitled to to represent my client,” defense attorney Joseph Krowski Jr., who represents at least one client whose case may be affected, told the Herald after the hearing.
The Norfolk District Attorney’s office has had access to the iCloud account, which is a cloud storage system, through the U.S. Attorney’s office under the condition that the contents would be destroyed 30 days after the Karen Read murder trial ended, which it did on June 18 with her acquittal on all charges other than drunken driving.
But according to the defense attorneys who filled a Norfolk Superior Court courtroom on Friday afternoon, this account and its upcoming destruction was news to them.
Since Proctor served as a lead investigator on so many murder cases in the county and has since been fired by the MSP for sustained allegations of inappropriate behavior in the Read investigation, defense attorneys want to know what other materials could be available in this digital archive that could exonerate their own clients.
Rosemary Scapicchio, a prominent Boston defense attorney who represents two clients in separate cases that could be affected, told the Herald following Friday’s hearing that she and others learned of the destruction deal only upon a Thursday notice from the DA’s office that it would destroy the materials the next day.
“I said, ‘No you’re not, not without a fight you’re not,’” Scapicchio told the Herald of her initial reaction.
“We all ran into court yesterday before Judge (Peter) Krupp,” she said of the initial shock,
Krupp followed up with Friday’s hearing, the outcome of which appears to ensure the iCloud contents will remain intact at least for another week.
But just like in the Read murder case, there is a mysterious federal court shadow hanging over this dispute.
Massachusetts U.S. District Court Chief Judge Denise J. Casper issued some sort of protective order on the information, which is itself under some kind of additional protective order. Neither the defense attorneys nor Judge Krupp have seen that document, nor appear to have access to it. Krupp was unwilling to write his own order, contradicting a federal court order that he hadn’t even seen.
“We’re flying blind here, except for the DA’s office,” one defense attorney said during the hearing.
The Norfolk DA’s office has hired former U.S. Attorney Michael Sullivan to handle this matter. In the hearing, he said there could be an option to extend the protective order on the iCloud account for another 30 days. Sullivan did not return a Herald call and email for additional comment.
After court, reporters asked Krowski if seeking such information from case investigators would be the new normal.
“Look, it’s a lot more robust than it used to be and the states are starting to catch up on tracking this information, but there’s still a lot of work to do. There’s still a lot of information that falls through the cracks,” he said.
“When you have sustained findings against an officer and you represent a client or represented a client in the past, it’s your ethical obligation to at least explore and investigate that, absolutely,” he continued.
Karen Read uses the sign for I Love You as she waves to her supporters as she leaves Norfolk Superior Court. (Nancy Lane/Boston Herald)
