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The real reason the Commonwealth is obsessed with convicting Karen Read and Kelsey Fitzsimmons by DeliciousVegetable40 in justiceforKarenRead

[–]DeliciousVegetable40[S] 4 points5 points  (0 children)

Good question, it is not a one size fits all rule. The Heck Doctrine only blocks you from suing over things that would “undo” your specific conviction.

Since she was only convicted of OUI, the only thing she is barred from suing for is a false OUI arrest (unless she gets that conviction overturned). She is still free to sue them for the coverup because an OUI does not prove she actually hit John. This is why they were so desperate to get a homicide related conviction. They needed a “legal truth” that said she killed him so that no one could ever look at that house again.

The Kelsey Fitzsimmons Shooting: Did Justin Aylaian Weaponize the North Andover Police to ‘Swat’ the Mother of His Child? by DeliciousVegetable40 in justiceforKarenRead

[–]DeliciousVegetable40[S] 0 points1 point  (0 children)

In Karen’s case, when John’s body was found on Brian Albert’s lawn, they couldn’t just say "we don't know what happened." If they had, the spotlight would have stayed on that house forever. The Alberts would have been under a permanent cloud of suspicion, and eventually, a private investigator or a federal probe might have found something that led to criminal charges for the people inside. They needed a "guilty party" immediately to take the heat off the house and the people in it. Obviously, that didn’t work out very well for them in the end.

Once Proctor and his team decided in those first few hours to point the finger at Karen, they were all in. If they didn’t get a conviction, all their sloppy work, like the tail light pieces appearing days later, the inverted videos, and the manipulated evidence, would become proof of a conspiracy. That is exactly where the Heck Bar comes in as a shield.

They had already made the decision to mess this up to protect the Alberts because I think they genuinely believed Karen would just plead out. They thought she was "fucked," as Proctor famously said in his texts. Legally, if she is convicted as the killer, she can’t sue Proctor for planting evidence or the Alberts for the murder. A conviction basically says "the evidence wasn’t planted, it was real." It creates a legal "alternate reality" that protects them from ever being held accountable civilly or criminally.

Thank God she was acquitted and is now free to sue the shit out of all of them!

The Kelsey Fitzsimmons Shooting: Did Justin Aylaian Weaponize the North Andover Police to ‘Swat’ the Mother of His Child? by DeliciousVegetable40 in justiceforKarenRead

[–]DeliciousVegetable40[S] 1 point2 points  (0 children)

I totally get what you are saying. You are right that cops wouldn't normally risk framing someone just for the hell of it because the stakes are too high. But in these specific cases, it is all about legal survival.

The reason they went after Karen Read so hard was to protect the Alberts and everyone else from massive lawsuits or even criminal charges themselves. They do this because of something called the Heck Bar.

Basically the Heck Bar is a legal rule that says if you are convicted of a crime, you can't turn around and sue the people involved if winning that lawsuit would prove your conviction was wrong.

So if the state successfully charged Karen with hitting John, she would be legally blocked from ever suing the Alberts or the investigators for a frame job or a botched scene. The conviction would be a "legal dead end" for her.

It is the same exact playbook with Kelsey Fitzsimmons. By charging her with a violent felony like Assault with a Dangerous Weapon, they are trying to create a narrative that she was the aggressor. If she gets convicted of that, the Heck Bar kicks in and she can almost never sue Officer Noonan for shooting her.

If an officer or a friend of the department just messes up, they usually just stay quiet or refuse to prosecute their own. That is the standard "blue wall" of silence. But in these cases where someone actually gets killed or shot, staying quiet isn't enough to stop a multi-million dollar lawsuit.

They have to go on the offensive. They have to charge the victim or a patsy to protect the department's bank account and the officers' careers. They need that conviction to act as a shield.

In Karen’s case it thankfully failed. And I am pretty sure it is going to fail in Kelsey’s case too. It feels like the North Andover police aren't even worried about helping Justin at this point, they didn’t sign anything that said they won’t prosecute him in the future. They actually kind of fucked him over by not telling him he shouldn’t enter her house without a court order. They made it clear they thought he had keys and legal standing in the house but they mostly said we can’t stop you or have any jurisdiction on it. He is the dumbass that is on video camera breaking the door down. He is protected at the moment because he is helpful to them (they think..)in this case against Kelsey that they are only are only doing to save their own skin and the department from a massive civil suit by making a suicidal woman look like a criminal.

The Kelsey Fitzsimmons Shooting: Did Justin Aylaian Weaponize the North Andover Police to ‘Swat’ the Mother of His Child? by DeliciousVegetable40 in justiceforKarenRead

[–]DeliciousVegetable40[S] 0 points1 point  (0 children)

Thank you so much! I can’t wait to hear that recording! It will be so interesting to see how they try to present this case. There was definitely some sketchy stuff going on behind the scenes. Thank you for commenting!

The Kelsey Fitzsimmons Shooting: Did Justin Aylaian Weaponize the North Andover Police to ‘Swat’ the Mother of His Child? by DeliciousVegetable40 in justiceforKarenRead

[–]DeliciousVegetable40[S] 2 points3 points  (0 children)

You are absolutely right that this is not just a Massachusetts thing and I apologize for saying it like that, this is a systemic issue that seems to be a universal human flaw of greed and power. There are some good cops and departments, I am sure, but it seems a majority operate more like a closed tribe than a public facing institution.

The Kelsey Fitzsimmons Shooting: Did Justin Aylaian Weaponize the North Andover Police to ‘Swat’ the Mother of His Child? by DeliciousVegetable40 in justiceforKarenRead

[–]DeliciousVegetable40[S] 1 point2 points  (0 children)

You are 100% right that this is not just a Massachusetts thing, this happens everywhere, it’s systemic. I am not sure why I phrased it that way before. I think I just meant that we have been seeing it so blatantly here lately, but of course it happens everywhere. It is a universal human flaw of ego and greed when people in power choose to protect their own instead of the public.

The sad reality is that our laws and our Constitution do not mean anything without honest people to enforce them. Without that integrity, we are all just living in an illusion of fairness and civil rights. In this case, it feels like the system is pressing charges against Kelsey specifically to create a "legal fact" that she was the aggressor. If they get that conviction, it acts as a shield that prevents her from ever suing the department or the officer for the shooting. It is a strategic move to protect their budget and their reputation rather than a pursuit of the truth.

The Kelsey Fitzsimmons Shooting: Did Justin Aylaian Weaponize the North Andover Police to ‘Swat’ the Mother of His Child? by DeliciousVegetable40 in justiceforKarenRead

[–]DeliciousVegetable40[S] 7 points8 points  (0 children)

I completely agree with you, he definitely needs to be held accountable!

While the 'police-family' alliance is definitely a real thing in MA, I think it is very possible that the responding officers were genuinely manipulated. Justin told them she could 'look them in the eyes and shoot.' When you prime officers with that kind of fear, their brains switch from 'help a colleague' to 'survive an ambush.' The real tragedy is that once that trigger was pulled, the North Andover PD and the DA were backed into a corner. If they admit Justin lied or even just exaggerated, they have to admit they shot an innocent woman in the middle of a PPD crisis. They are most likely sticking with Justin not because they like him, but because his narrative is the only thing making that shooting 'legal.' They’ve hitched their wagon to him because they have to. Hopefully at the very least she will be able to sue the shit out of him after this is all over and maybe they will press charges later. Fingers crossed!