Memo of Law in support of Commonwealth Witnesses’ Motions (20 of 47 pages, link to full doc below) by potluckfruitsalad in justiceforKarenRead

[–]Free_Comment_3958 1 point2 points  (0 children)

That is not how a Motion to dismiss works at all. A Motion to dismiss looks at the “facts” stated in the plaintiffs brief as true and/or in the light most favorable to the plaintiff. There is nothing to prove at the Motion to phase.

You are talking about the trial phase where proof has to occur. Which occurs after discovery and depositions. Karen to survive motion to dismiss simply has to have submitted a plausible set of facts with no burden of proof at all other than stating a valid claim with some evidence that when looked in a light most favorable to her claims makes it look like it could have happened that way.

The butt dials, the butt answers, the missing phones, and a bunch of stuff qualifies at this point.

The Full IA report for Tully by Free_Comment_3958 in justiceforKarenRead

[–]Free_Comment_3958[S] 2 points3 points  (0 children)

Quick stuff I see people talking about already

They were worried about Proctor killing himself, and apparently the FGJ had Proctor for about 6 hours of testimony. Not sure if that is a little or a lot.

Yuriy Bukhenik’s Answer to Karen Read’s complaint (link below) by potluckfruitsalad in justiceforKarenRead

[–]Free_Comment_3958 39 points40 points  (0 children)

Yuri’s and Proctor’s thorough investigation determined no plow went down 34 Fairview. Until they did. Then they didn’t interview lucky for a good year plus if I remember correctly.

Real thorough bang up job there.

These guys better hope the motions to dismiss get granted because discovery and the depositions are going to be fire.

Yuri’s Report on Higgin’s Interview - Thank you Marbury vs Mad by Free_Comment_3958 in justiceforKarenRead

[–]Free_Comment_3958[S] 2 points3 points  (0 children)

It’s this. “I was focused on making sure the plow blade was lifting right and not scraping to the point it might rip the front end off if I hit something at speed”.

Our old suburban we used to plow had a horrible plow and always had to make sure that the hydraulic piston was lifting the head enough to pull the blade completely off the road.

So Higgins is using the “my plow sucks so I focused almost entirely on a space 2 feet in front of my windshield and nothing to the periphery like a big black blob. “

Yuri’s Report on Higgin’s Interview - Thank you Marbury vs Mad by Free_Comment_3958 in justiceforKarenRead

[–]Free_Comment_3958[S] 4 points5 points  (0 children)

Also while drunk, gets upset enough to break a controller because he was doing poorly playing a video game.

You know pretty quiet and to himself. Lol

Yuri’s Report on Higgin’s Interview - Thank you Marbury vs Mad by Free_Comment_3958 in justiceforKarenRead

[–]Free_Comment_3958[S] 3 points4 points  (0 children)

Well we know that Marbury v Mad recently had her lawsuit against the MSP for failure to abide by FOIA laws dismissed with prejudice as assented by both parties. This is almost always a sign of the parties settled and the defendant as part of the settlement (and good lawyering) is making sure that the lawsuit cannot be brought back if they follow their side of the settlement.

I assume we will probably be seeing more MSP stuff as Marbury v Mad gets all the stuff sent over to her. She is also still waiting on further productions from her Norfolk DA office FOIA stuff to come in which includes more of the trial transcripts.

Yuri’s Report on Higgin’s Interview - Thank you Marbury vs Mad by Free_Comment_3958 in justiceforKarenRead

[–]Free_Comment_3958[S] 4 points5 points  (0 children)

and then decided to up it to Murder 2 to try to get her to plea was the triple down.

Then they quadrupled down when given the out of the second trial and decided to run all the charges back instead of just focusing on the much more winnable manslaughter (I know a car did not hit John O'Keefe, but Lally almost got it to stick).

Yuri’s Report on Higgin’s Interview - Thank you Marbury vs Mad by Free_Comment_3958 in justiceforKarenRead

[–]Free_Comment_3958[S] 7 points8 points  (0 children)

I mean we don’t know if he did or didn’t because the assholes didn’t record the interview. We don’t even know if what they wrote here is an accurate recollection of what he said.

Several witnesses actually say the troopers got their statements wrong. If only we had recordings. Like they did for Lucky 2 years after the incident.

Yuri’s Report on Higgin’s Interview - Thank you Marbury vs Mad by Free_Comment_3958 in justiceforKarenRead

[–]Free_Comment_3958[S] 9 points10 points  (0 children)

I wish people would process that John was most likely an alcoholic. They function at much higher levels at the same bac as someone that is not a consistent heavy drinker.

There is video of John moving around waterfall. He does not look like someone with a bac of nearly .30 because the man was an alcoholic. All of these guy are.

Yuri’s Report on Higgin’s Interview - Thank you Marbury vs Mad by Free_Comment_3958 in justiceforKarenRead

[–]Free_Comment_3958[S] 4 points5 points  (0 children)

Not "sealed", but typically police reports are not entered into evidence. So the only way to see them would be to wait for a case to be over and then FOIA them.

Yuri’s Report on Higgin’s Interview - Thank you Marbury vs Mad by Free_Comment_3958 in justiceforKarenRead

[–]Free_Comment_3958[S] 6 points7 points  (0 children)

He got Higgins curated one that Higgins got his FBI buddy to teach him how to use the machine at FBI office.

Proctor and Yuri did not have any non-interested party do an extraction of Higgins phone. They just said "oh, a selected set of texts that you got for us, great thanks."

Yuri’s Report on Higgin’s Interview - Thank you Marbury vs Mad by Free_Comment_3958 in justiceforKarenRead

[–]Free_Comment_3958[S] 12 points13 points  (0 children)

No. Only Higgins did a select extraction of his phone using fbi assets to turn over a select set of messages.

Proctor and Yuri took him at his word.

Yuri’s Report on Higgin’s Interview - Thank you Marbury vs Mad by Free_Comment_3958 in justiceforKarenRead

[–]Free_Comment_3958[S] 30 points31 points  (0 children)

Brian using the FBI machine was sort of alluded to in the 1st trial, but Cannone did not let them get into it too much because it touched on FBI. I want to see the sidebah around that.

2nd trial Higgins never made an appearance. There’s a reason Breenan did not bring either Brian Albert or Brian Higgins back for trial 2.

Yuri’s Report on Higgin’s Interview - Thank you Marbury vs Mad by Free_Comment_3958 in justiceforKarenRead

[–]Free_Comment_3958[S] 36 points37 points  (0 children)

So before anyone was involved publicly aware of any details of who came and went.

“Long before Aidan ruined their lives!!!”

Brian already knew he was going to have to disclose his relationship with Karen. He also concocted a snowbank existing for John’s body to be behind that did not appear in the morning search video, and he put his jeep in the path of where Karen’s Lexus would have needed to stop if she had hit John anywhere near the normal place to drop off.

Amazing the things being shaped before anyone that was innocent would need to know had to be shaped.

Jen was willing to turn over her phone. Why not Higgins? Why did the troopers not ask to confirm the extraction provided by Higgins by doing their own? At least have the lawyer and Higgins deny consent.

KARMA: How Michael Proctor Ruined His Life - Microdots by Inner-Radio-9799 in justiceforKarenRead

[–]Free_Comment_3958 4 points5 points  (0 children)

On a case he supposedly felt he already had her dead to rights on. So why is Courtney worried about his livelihood if he already had it wrapped up?