Karen Learn homicide case: Protection group releases witness listing for trial

The Karen Learn protection group launched their witness listing, which is 14 individuals bigger than for the first homicide trial final yr — and as soon as once more, it consists of disgraced Trooper Michael Proctor’s spouse and sister, who’ve not too long ago been talking out in regards to the case.

The protection listing for the trial scheduled to start out April 1 consists of very acquainted names, together with the Albert and McCabe households, who play a big position within the protection’s idea of a conspiracy to border their shopper. They’re additionally planning to carry the identical protection specialists, minus two, as listed final yr, together with the 2 specialists from ARCCA, Inc., who have been a part of current controversy in pretrial hearings.

Learn, 45, of Mansfield is charged with second-degree homicide, manslaughter whereas working a motorcar beneath the affect, and leaving the scene of an accident inflicting dying. She’s accused of killing Boston Police Officer John O’Keefe, her boyfriend of about two years on the time, on Jan. 29, 2022.

She was tried on these costs final yr however that led to mistrial after jurors returned three notes indicating that they may not come to a unanimous determination.

The protection contends that the jury was really solely held on the manslaughter cost primarily based on post-trial admissions by 5 jurors and have mounted efforts for the case to be tossed on a Double Jeopardy declare. That effort has failed earlier than Norfolk County Superior Courtroom Decide Beverly J. Cannone, who was the trial choose; the Massachusetts Supreme Judicial Courtroom, which upheld Cannone’s denial of the movement; and by Boston-based federal courtroom Decide F. Dennis Saylor IV, who denied the protection’s request for habeas corpus.

Learn’s group filed an enchantment of Saylor’s determination to the federal First Circuit Courtroom of Appeals, which is pending.

Highlights of the protection listing embody Brian Albert, a Boston cop and the then-owner of 34 Fairview Street in Canton the place O’Keefe froze and died on the entrance garden, in addition to his spouse Nicole Albert and different members of the Albert household.

The protection pushed the concept forward of and over the past trial that O’Keefe really made it into the house for a celebration after the bars closed and that he was then overwhelmed to dying inside after which positioned on the entrance garden to border Learn. They counsel that Brian Albert might have taken half in that in addition to his pal ATF Agent Brian Higgins, additionally on the listing, who had a documented current historical past of mutual flirting with Learn.

Additionally they say that marks on O’Keefe’s arm point out a canine assault and level towards the Albert’s German shepherd Chloe as a probable offender. They’ve included on their witness listing Dr. Marie Russell to testify to that side.

The McCabe household, headed at the very least for the protection idea by Jennifer McCabe, whose grilling on the stand final yr was a dramatic second of the trial, is included on the listing. The protection posits that McCabe is in on the conspiracy and carried out a Google seek for “hos (sic) long to die in cold,” at 2:27 a.m., hours earlier than O’Keefe was found both lifeless or dying outdoors, indicating she knew of the state of affairs. They’re bringing on digital forensics knowledgeable Richard Inexperienced to testify to that.

One other spotlight of the listing is Norfolk District Legal professional Michael Morrissey, who they included on the listing for the final trial however didn’t name. Additionally they embody O’Keefe’s dad, John O’Keefe Sr., on each lists however didn’t name him final time.

Massachusetts State Police Trooper Michael Proctor, who was fired from the power Wednesday morning after being “relieved of duty” instantly after Learn’s trial after which suspended with out pay, is on the protection listing. He was the lead investigator of the case and his two days on the stand final yr present what the MSP declared have been “biased in his dealings with a homicide suspect and/or brought otherwise himself and the Massachusetts State Police into disrepute.”

Among the many texts he despatched to pals and colleagues within the early stage of the investigation embody the declaration of “no nudes so far” on Learn’s cellphone, that she’s each a “babe” and a “whack job” and that she ought to “kill herself.” This final sentiment was despatched to his sister, Courtney Proctor, who’s on the protection witness listing. Proctor’s spouse Elizabeth Proctor can also be on the listing.