Karen Read Case: Latest Rulings as Jury Selection Begins

Judge Cannone denied Karen Read's motion to bring in an expert on police procedure to support their "Bowden Defense" (claiming law enforcement didn't properly investigate). The judge stated she hadn't seen this type of expert used in Massachusetts cases. The defense can still use the Bowden Defense, but through questioning witnesses. The court denied the defense's motion regarding a third-party culprit defense for Colin Albert but allowed it for Brian Albert and Brian Higgins. The judge expressed strong reservations about the Third-Party Culprit Defense, requiring more than "mere or rank speculation." I breakdown the threshold of evidence needed.

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[williamp]

If you don’t allow an expert witness because there has never been an expert on that subject matter, how did any expert witness ever get allowed to testify on anything for the first time?

“It would be the first time” is an absolutely asinine reason to not allow an expert witness

[amrcombs]

After watching the first trial, I have zero faith in the judge being impartial and I think we are already seeing this play out.

[TeejayTheAussie]

Not allowing this expert makes the judge seem like she’s defending the investigation.

[juliehinkel]

Retired LEO - that was a crap investigation! Full stop.

[jlkitz]

I'm shocked they didn't get a change of venue. The number of jurors that had heard about the trial was a lot 😳

[MizTrisHa]

She probably denied FBI expert because she knows HB can NOT find a single rebuttal ‘expert’ who could honestly testify, on the stand, that the police did an excellent investigation ! 😂😂

[zahedah]

I thought that attacking the investigation was standard....I never knew you had to havea motion on it.

[carolynmills]

Can the recent Canton PD police audit released on Tuesday be used by the defense to corroborate their contention that the investigation was a complete disaster and support their Bowden defense?

[kristennoelle]

Emily I have a 15 yr old granddaughter who loves tictok(👎) & is basically reaching into the universe to find role models... We've been watching you together & she absolutely loves you! I'm happy to direct her to strong, wise & humourous women like you! From Nana(Kristen) & Jayden🙏💜

[dhardiman]

They must have Friends in High places.
This is absolutely sickening!!!!

[morganbrooke]

Yeah, she isn’t closing the door on the boden defense, but she’s definitely handicapping them by not allowing a law-enforcement expert

[char]

You are the best Emily, always breaking things down and explaining in a way we can all understand. Thanks!!!

[GoodOleArkyGal]

Good news. We can all be canton detectives.... its common knowledge. Yay!!!

[emilybaird]

Thank you Emily for all the explanations.

[TheLuceon]

The thing that bothers me about the judges reasoning is that there was no cases that stated you CAN'T have an expert opine on police investigations. Merely that there were none found that DID have it. On the contrary, the defendant does have a right to expert testimony that could help the jury in a topic that would not be common knowledge. The part where the judge screwed up was not in trying to rely on no other cases being cited that had an expert do this but in finding that the methodology of police and their operating procedures is common knowledge.

Some failures in this investigation can be obvious but not all, and the full impact of what those failures mean will be lost on a jury thanks to this judge refusing an expert to testify on this.

[inalessiwetrust]

Is Cannone the one choosing the jurors? I’d absolutely NOT trust her choosing the jurors. The attorneys should be the ones choosing or dismissing the jurors.

[angelasandersbooks]

2:35 But "This is a new trial." Isn't that what she said? She has flip-flopped on her own words or rulings how many times now?

[_Fluorescent_]

I think the best course of action is to focus on the terrible police investigation as well as the injuries clearly not being from a vehicle.

[stellaallbright]

The judge constantly conflates this trial with the first, why are you holding yourself to a higher standard?!

Colin did it. 🚩

[ErinAlmighty]

Ok girl, lovin’ the flash cards. I must’ve missed them in previous vids, but nice addition for those of us who know what these things are but can’t actually define them lol!