Updated Karen Read and John O’Keefe Trial Motion Rulings List Ahead Of Tuesday’s Opening Statements (Exclusive)
By; Grant Smith-Ellis
Date; 4/17/25
Time; 1:30pm ET
Below, find an updated list of motion rulings heading into opening arguments for the Karen Read and John O'Keefe retrial on April 22, 2025 (accurate as of 4/17/25 at 1:30pm ET).
It has been fascinating to track this list over the past month with you all, and I hope it is now a useful resource.
Always remember, towel loves you (regardless as to what you believe about this sad case).
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
31. Commonwealth's Motion for Records: Unsolved Productions, INC (Docket 620)
Status: Allowed (Cannone, J) - Dated 3/25/25. See Order Paper #626
32. Defendant 's Motion to Dismiss for Extraordinary Governmental Misconduct (REDACTED) (Docket 519)
Status: Denied (Cannone, J) - Dated 3/25/25
33. Commonwealth's Motion for Buffer Zone and Order Prohibiting Signs or Clothing in Favor of Either Party or Law Enforcement (Docket 611)
Status: Allowed (Cannone, J) - Dated 3/25/25. See Order Paper #630
34. 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: Denied (Cannone, J). See 3/25/25 MEMORANDUM & ORDER: on Defendant's Motion to exclude the purported expert testimony of the Commonwealth's proffered witness Dr. Aizik L. Wolf and request for Daubert-Lanigan Hearing (Docket 635)
35. Defendant 's Motion to Exclude Certain Testimony of Commonwealth Witness Robert Gilman and, in the Alternative Request for Daubert-Lanigan Hearing with attached Affidavit of Robert J. Alessi in Support (Docket 515)
Status: Denied (Cannone, J). See 3/27/25 MEMORANDUM & ORDER: on Defendant's Motion to Exclude Certain Testimony of Commonwealth Witness Robert Gilman and, in the Alternative, Request for Daubert-Lanigan Hearing. (Docket 637)
36. 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 DENIED (Cannone, J). The Medical Examiner will be Testifying and can be Examined on this Issue. Dated 3/27/25. See order paper 579.
37. Defendant's Motion in Limine to Allow Evidence of Lack of Bias (Docket 593). Note, Commonwealth filed opposition, 3/17/25, (Docket 610).
Status: DENIED (Cannone, J) - Dated 3/31/25. See order paper 610.
38. Defendant 's Motion requesting Audio Access to Sidebar Conferences during Voir Dire and Certificate of Service (Docket 632)
Status: DENIED (Cannone, J). The Defendant is Entitled to be Present at Sidebar during Empanelment all Stages of Trial. No Additional Accommodations are Necessary. Dated 3/31/25. See order paper 632
39. Commonwealth's Motion in Limine to Exclude Defense's Expert Michael Easter's Opinion of the Investigation (Docket 608). Note, Defense filed opposition, 3/25/25 (Docket 629).
Status: ALLOWED (Cannone, J). See MEMORANDUM & ORDER: Commonwealth's Motion in Limine to Exclude Defense's Expert Michael Easter's Opinion on the Investigation. Dated 3/31/25 (Docket 649).
40. Commonwealth's Motion in Limine to Appoint Court Stenographer, Prevent Identification of Jurors, and Impound Juror Names During Trial (Docket 575)
Status: ALLOWED (Cannone, J). See MEMORANDUM & ORDER: Commonwealth's Motion to Appoint Court Stenographer, Prevent Identification of Jurors and Impound Juror Names During Trial. Dated 3/31/25 (Docket 648).
41. Commonwealth's Motion in Limine to Preclude the Defendant from Raising a Third-Party Culprit Defense (Docket 589). Note, Defense filed opposition, 3/25/25, (Docket 625).
Status: ALLOWED in part (as to Colin Albert, entirely), DENIED in part (Read banned from mentioning any third-party culprit during opening, and may only mention Brian Albert or Brian Higgins during trial if competent evidence is presented) (Cannone, J.). See MEMORANDUM & ORDER: Commonwealth's Motion in Limine to Preclude the Defendant from Raising a Third-Party Culprit Defense. Dated 3/31/25 (Docket 652).
42. Other’s Motion for a Protective Order Regarding the Sharing of Cell Phone Data between Kearney Prosecutor and Read Prosecutor (Docket 636).
Status: No ruling specified, but ORDER issued. See ORDER: Intervenor Aidan Kearney's Motion for Protective Order (Sisitsky, J). Dated 3/31/25 (Docket 650).
43. Commonwealth 's Motion for Larger Screen in Courtroom (Docket 655).
Status: ALLOWED for the Larger Screen (Cannone, J) Dated 4/8/25 (Docket 655).
44. Commonwealth 's Motion for Parameters of Jury Empanelment (Docket 656).
Status: The Court is not going to prevent counsel from doing research. 1) The parties are to have no contact with the Jurors or potential Jurors directly or indirectly. 2) The parties shall not disclose the results of their research without leave of Court. 3) Only one non-lawyer from each side may participate in the research. (Cannone, J). Dated 4/1/25 (Docket 656).
45. Commonwealth's Motion in Limine to Exclude Expert Testimony of Garrett Wing (Docket 607) and Commonwealth 's Renewed Motion in Limine to Exclude Expert Testimony of Garrett Wing (Docket 658).
Status: DENIED without prejudice. After review of the Expert Witness Report by Lt. Garrett Wing (Ret.), 1 find that he appears to be qualified by experience to provide some help to the jury on some issues in dispute. If the Commonwealth still asserts that Wing lacks the qualifications necessary to provide expert opinion, it should re-new its motion prior to Wing taking the witness stand. If needed, the Court will conduct a limited voir dire at that time. (Cannone, J). Dated 4/17/25 (Docket 673).
46.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). Commonwealth filed opposition, 3/17/25 (Docket 609). Defense then filed Defendant’s Response to Redacted Presentation of Commonwealth’s Witness Dr. Judson Welcher, M.S. Ph.D, 3/28/25, (Docket 646).
Status: DENIED (Cannone, J). Dated 4/2/25 (Docket 658).
47. Commonwealth 's Motion in Limine to Admit Testimony of Karl Miyasako as a Substitute Witness (Docket 663).
Status: ALLOWED, no objection by defendant. (Cannone, J). Dated 4/17/25 (Docket 673).
48. Other 's Motion to be Exempted from Sequestration Order from Intervenor/Alleged witness Aidan Kearney.
Status: ALLOWED after Kearney became the first (and ONLY) witnesses involved in the Read and O'Keefe to take the Fifth Amendment. Dated 4/16/25 (Oral rulings in court).
49. Other 's Unopposed Motion of Gretchen Voss for Exclusion from Sequestration Order (Docket 666)
Status: ALLOWED by agreement, Voss will not be called as a witness, but statements made to Voss by Read will be authenticated by stipulation.
50. Commonwealth 's Notice of Intention to Introduce Extrajudicial Statements of the Defendant (Docket 667).
Status: ALLOWED. The defendant does not object to the introduction of the defendant*s extrajudicial statements. To the extent that the defendant objects to the Commonwealth's use of an independent reader(s) for text messages between the defendant and John O’Keefe, the defendant should submit her objection in writing by close of business on April 18, 2025. (Cannone, J). Dated 4/17/25 (Docket 673).
51. Commonwealth's Motion for Notice of any Visual Aids, Potential Exhibits or Potential Chalks that will be Displayed to the Jury During Opening Statements (Docket 669).
Status: ALLOWED, no objection by defendant. (Cannone, J). Dated 4/17/25 (Docket 673).
52. Defendant 's Motion and Notice that the Defendant Intends to Display Visual Aids to the Jury During Opening Statements (Docket 670).
Status: ALLOWED (Cannone, J). Dated 4/17/25 (Docket 673).
53. Commonwealth’s Motion to Compel Reciprocal Discovery of ARCCA Witnesses or to Exclude their Testimony (Docket 640). Defense filed response, with typo in title, 3/28/25, Defendant’s Notice of Reciprocal Discovery Regarding ARCAA Witnesses (Docket 642).
Status: ALLOWED (Cannone, J). See ORDER: Ruling on Commonwealth's Motion to Compel Reciprocal Discovery of ARCCA Witnesses. Dated 4/16/25 (Docket 672).
54. Defendant’s Motion for Reconsideration of Portion of February 18, 2025, Court Order Denying Defendant’s Motion to Compel Production of a Forensically Sound Copy of the January 29, 2022, Video Surveillance Footage in Law Enforcement Custody (Docket 532).
Status: ALLOWED IN PART and DENIED IN PART. The Commonwealth has agreed to the motion insofar as it seeks to have a defense expert download a protected file pertaining to this case from the Canton Police Department. To the extent the motion seeks an order permitting the defense to forensically image the entire “Canton Police Detective File,” it is denied. (Cannone, J). Dated 4/17/25 (Docket 673).
55. 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: ALLOWED IN PART and DENIED IN PART. Dr. Crosby is clearly qualified as an expert, but he is precluded from testifying that his bitemark analysis excludes Chloe as the cause of the marks on the victim’s arm. He is not precluded from testifying at to the anatomy of a canine mouth or of Chloe in particular including the measurements of her mouth. To the extent there is a question as to what testimony the Commonwealth may elicit from Dr. Crosby to rebut any defense expert, it can be raised at trial. (Cannone, J). Dated 4/17/25 (Docket 673).
56. Defendant’s Motion for Specific Discovery (Docket 638)
Status: ALLOWED. The Commonwealth and the defendant have reached an agreement as to all remaining disputed materials except for materials #3 and #4. Number 3 seeks “[a]ny information including
any oral or written statements or communication of any witness suggesting a reluctance or refusal to testify in connection with this case.” Number 4 seeks “[a]ny information including any oral or written statements or communication of any witness wherein a witness suggested a reluctance or refusal to cooperate.” Though it is a close call, arguably, this request is covered by Mass. R. Crim. P. 14(b)(2)(B)(ii1) and should be provided. Therefore, as to #3 and #4, the motion is allowed. The Commonwealth must provide this information within one week. If the witness is scheduled to testify prior to then, the Commonwealth must provide the information at least one day prior to the witness being called to testify. (Cannone, J). Dated 4/17/25 (Docket 673).
57. 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. Note, open court agreement by the parties to allow certain findings of the IA report into evidence on 4/16/25.
58. 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
II. Motions with No Ruling or Taken Under Advisement:
59. 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
60. 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
61. Defendant's Motion in Limine to Exclude Irrelevant, Inadmissible, and Prejudicial Prior Bad Character and Propensity Evidence (Docket 559)
Status: No ruling specified
62. 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, however note (Docket 586) Commonwealth's Motion in Limine to Admit Results of Defendant's Blood Draw at Good Samaritan Hospital and Resulting Serum Conversion and Retrograde Extrapolation was allowed.
63. 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)
64. Other's (Attorney Robert C Cosgrove, Esq.) EX PARTE Status Report of Rule 17 Respondent filed and forwarded to Judge Sisitsky (Docket 634)
Status: Not a motion, no ruling required at this stage. Note 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)
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. This post contains portions of prior work published by Grant Smith-Ellis and adapted for use herein.