The Boston Journal journalist who wrote a long-form piece on the Karen Learn homicide case won’t be required to show over her handwritten notes of an “off-the-record” interview carried out with the defendant.
Norfolk Superior Court docket Decide Beverly Cannone has backtracked an order she made in December for journalist Gretchen Voss to submit her confidential notes to the courtroom, citing a hazard to the general public curiosity.
“Voss has articulated a compelling argument that requiring disclosure of the notes poses a greater risk to the free flow of information than the other materials produced,” Cannone wrote in a ruling she made on Friday.
“Conversely,” the choose added, “the Commonwealth has not demonstrated to the court that its need for the handwritten notes … outweighs the danger posed to the public interest in the free flow of information.”
Cannone had initially authorised particular prosecutor Hank Brennan’s request for entry to all of Voss’ audio recordings, interview notes, emails, textual content messages and voicemails with Learn – even together with handwritten off-the-record notes.
However Voss subsequently filed a movement asking Cannone to rethink a part of the order requiring the off-the-record notes, highlighting how “courts have cautioned against efforts to make journalists the discovery agents for the government.”
In an affidavit supporting the movement, Voss warned Cannone that turning within the notes would erode her credibility as a journalist.
Robert Bertsche, an legal professional for Voss and the Boston Globe-owned journal, described in courtroom on Friday how the “stakes … are considerable” for Voss.
“Her effectiveness as an investigative reporter,” he stated, “depends upon her having the ability to use the tools to reliably assure her sources that certain information they provide to reporters will be off the record.”
Voss in September 2023 wrote an extended learn on the bombshell case south of Boston, with the headline, “The Karen Read Case in Canton: The Killing That Tore a Town Apart.”
The Norfolk District Legal professional’s Workplace beforehand acquired the Voss/Learn audio recordings with scores of redactions which Brennan stated “occurred during discussions and admissions pertaining to critical issues in this case.”
The prosecutor cited a dialog about Learn ingesting alcohol on the evening of the incident.
Learn, 44, is charged with second-degree homicide, manslaughter whereas working a motorcar beneath the affect, and leaving the scene of a deadly accident. Her first trial ended with a hung jury final July and a second trial is ready to start April 1.
Prosecutors say Learn struck John O’Keefe, a 16-year Boston Police officer, and her boyfriend of two years, together with her SUV following a drunken argument and left him to die in a snowstorm in late January 2022, in Canton.
O’Keefe died on the age of 46.
Learn’s protection workforce counters that outdoors actors killed O’Keefe and conspired with state and native police to border Learn for his homicide.
There may be “nothing confidential” about Learn’s media interviews with Voss and different shops, Brennan wrote.
“When a defendant, assisted by her attorneys, deliberately undertakes a public relations campaign saturating the public with statements likely to reach the potential juror pool they also run the risk that statements may not be beneficial and be incriminatory,” he added.
Cannone dominated that the “content of the ‘off the record’ notes at issue are of a different character than the unredacted recordings of the “on the record” interviews produced pursuant to the earlier courtroom order.”
