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June 24, 2024 18 mins
Katherine Loftus joins us in studio to help break down and answer questions about the Karen Read trial.
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(00:00):
Okay, we're back. Sorry,I was sipping my coffee. I wanted
to be geared up for this becauseour in house legal expert, Catherine Loftist,
Counselor Loftist, good to see youback in studio. Yes, there
was testimony. Actually, the defensehas started presenting its case. But first,
if you don't mind, Counselor,I would like to discuss the street

(00:22):
brawl that happened. Boy, thesepeople almost do they get their mail at
these bars? They're their contract.We should mention what we're talking about.
Karen Reid trial, right, theKaren Reid trial. And this could be
the last week of testimony. Correct, Yes, it will be the last
week of testimony because I think they'reprobably going to wrap up, maybe today
or tomorrow. I don't think they'recan have much more of the accident reconstructionists

(00:44):
and maybe one or two more,but I think the defense will be short.
It seems like a short presentation tome. You know, I think
they might not have even had toput any witnesses on it. It's always
a risk as defense counsel if yousay, hey, we're just going to
rine, We're not even gonna putany witnesses onto Robot the Commonwealth's evidence,
so usually people don't do it whenthey decide to instead. You know,

(01:07):
if you saw that witness list theyhad, I think fifty sixty witnesses,
and so we're probably only going toget five or six of the witnesses that
they think are the most pertinent toyou know, robot. The testimony that
the Commonwealth put in, but certainlya lot speedier than the US. I
didn't see much of the testimony,but I saw the doctor on the stand
who said, yes, the injurieson his arm were caused by an animal,

(01:30):
Doctor Russell. Yes, she wasvery good. I thought she presented
very well, and I think,as we've talked about many times, it
comes down to expert opinions, whatthe jury thinks. Basically what she said,
is it from her perspective and herbackground in training that she believes the
injuries on his arm are consistent withany animal? You know, can she

(01:52):
rule it out exclusively no? Canshe say it's a lodge dog exclusively no?
But I thought she was fairly credible. I thought she was too,
and I actually thought that Brian,the plow guy from Canton, came across
very credible too. He did andoverall I thought from the defense witnesses they
presented, they just were a littlefriendlier. And sometimes when when you have

(02:14):
a witness who just seems more likable, tend you just tend to believe you
when you listen to them a littlebit more. So I do think that
they were persuasive, but for thedefense that probably didn't need to present the
defense. They seem to have prettygood witnesses well. And you always have
to remember that the defense is goingto what their job to do again is

(02:35):
to create reasonable doubt, right,and we know that they have poked many
holes in the Komwalt's witnesses, butthey also want to put their own testimony
on, in their own evidence onto not just pocals, also to say,
hey, we actually have somebody whosays the exact opposite of what the
cam wals is saying. And evenif you don't necessarily believe what the defense
experts say, when it's enough thatyou have one the cammwealth one from the

(03:00):
defense, it's kind of a drawif you can't decide which one is more
alized. But we should mention thatBrian the plow guy, his nickname is
Lucky, so he was talked aboutin the trial, with Sergeantally Tully saying
that they didn't think that he wasreputable enough, right, So what they
said, I don't think it wasnecessarily to his character, but that when

(03:23):
they interviewed him, had he changedhis story about the timelines and multiple times
so that they didn't find him hisinformation to be credible enough to rely on.
So Lally tried to cross examining onsome of that, but he did
pretty well. Another project I thoughthe did too. If you just tuned
in, we're talking with their counselorloftis about the Karen Reid trial. The

(03:45):
Karen Reid trial, of course,is capturing everybody's attention nationally. It is.
I started on National Networks again lastnight, and the story goes that,
well, she's being charged with drivingover her boyfriend and killing him with
or SUV, and of course herdefense is saying it's a compleat cover up,
she didn't do it, and hada question. Well, no,
Billy Hall alluded earlier, we don'treally talk about the dramatics outside of the
court. We very much stick tothe courtroom. Tried to, but we

(04:09):
have to talk about what happened overthe weekend. Yes, So for these
of you who don't know, TurtleBoy, who is a local bloger,
kind of broke the case two yearsago about what was going on with this
case. And he's very much procan read, which is really fine.
And he was out in Canton andsome of the prosecution's witnesses pulled who's related
to them aka the Alberts, theirin laws, and Courtney Proctor, who

(04:32):
is the Michael Proctor sister who wasthe very questionable detective, rolled up on
him an assaulted Turtle Boy. Now, does this not just go back to
liability? How are you just sayingthe defense is way more likable? This
is your prosecution the whole side.These people are involved related to all these

(04:53):
people that were on the prosecution side, and they're very unlikable people, you
know. I think listen, Ithink I trying to stay out of the
drama of it because you know,yeah, because a lot comes from it,
and usually it's perfle But I thinkthe the interesting thing with that I
did I got sent to the videoof them last night, and I think
it's a little problematic that Turtle Boy'sgoing to see if from Kathy's which is

(05:15):
next to d and E one hasactive witness intimidation charges against two people.
You know, he's doing that forhe's doing he's smart, he's doing this
to prove I'm not. I'm justI'm just going to a restaurant, right,
But I think the rest of oneright. But I think that's the
point. So I think you know, you're gonna have two different perspectives from
it. You know, I seeit as not appropriate if you have active

(05:39):
charges and supera with people and thenyou're really taunting and antagonizing, and you
know, it's it is clearly whothese people are. I mean, they're
they're rough and tumble, and they'rerough around the edges. And I'm not
you know, I said to Billyat Lisa, this is one. I'm
not surprised. It reminds me ofhanging on llen Ahan Solthie and like someone's

(06:00):
gonna beef and comes right that youhave to have this. Yeah, that's
what he wants. I'm almost likeat the end of the day, like,
let let Turnable do what he's gonnado, Like he this is what
he does. Let him do it. Like who cares he's going to a

(06:20):
restaurant. Just you go back andpull up and you drive like a bunch
of thugs. I'm sorry, Courtney. Your brother is the one that messages
Jill Right, Jill Daniels. JillDaniels, who actually physically assaulted him on
camera, is the sister of JulieAlberts, who was married to Chris Albert,
who could you couldn't write this andwho? So what happens? So

(06:45):
what happens to to Jill Daniels.So I think she'll get a summons probably
first, because if you if ifit's not witnessed by the police, and
it's a misdemeanor, then you can'tbe arrested on seeing it has to be
police have to witness it. Sobecause they can after the incident, So
she'll get a summonsent to cought probablyin the next month or two. I
cannot believe how emotionally connected everybody isto this trial, even nationwide. I

(07:11):
had a listener come up to meyesterday saying, all right, listen every
day. I listened every day Karenread it's one innocent. I can't believe
you have that lawyer on it.She doesn't know that. I'm like,
call into the show. I said, we do not formulate opinions on our
show. Oh my god, Iwas just out walking the dog. A
couple of minutes ago. We weretalking about emotions running high outside one of

(07:34):
the local bars, and uh,we've got somebody on the phone, Anonymous,
who was there? So good morningAnonymous. So you were there,
what did you see? What didyou hear? I was there just having
a beer with my husband and wenoticed Turtle Boy was having dinner. It

(07:57):
was she was lovely. We wentup and said hi to him. Then
he left, went outside and allof a sudden, everyone kind of ran
to the window and started watching chaosand Sue the crew next door was yelling.
He was videotaping back and forth.So what did you say? And

(08:20):
then Jillian Daniels pulled up, flewout of her car, flew like it
was as if it was in likea movie, and just started screaming,
grabbed the phone. He stayed calmthe entire time. It was just it

(08:43):
was wild. Then then the policecame and there was a news truck there.
It was just it was it wasout of a movie. It was
insane. Did they take her intocustody? No, they did not.
And then people who kind of Iwas standing next to They were saying that
the I don't know the legal conversationof it, but because the police didn't

(09:05):
see the act themselves, that sheneeds to do some different I don't know,
I forget what it's called, butsummons. I think she's gotten.
Yes, yes, they need todo that route because they didn't see it.
Well one video. Wow, thankyou for listening and thank you for
the call. And I witnessed thatthe brawl outside the bar. I'd be

(09:28):
curious to see how much business hasimproved at these local bars that everybody goes
to. Oh, I think,you know, at least probably for the
next year or two. It's youknow, like the look you loose.
I drive by the Hillside Pub acouple of days ago. It was packed,
driving him melted on like the can't. But it's on the Mountain line

(09:50):
right like, right right off thehighway around. I get my gas at
Blue Hills Gas all the time.It's the best price of the time.
Your character in town. So youprobably took them on the Karen Read turn.
I haven't, but I will,Okay some questions, Yeah, I
have a question for Catherine. OnFriday, now the defense is having their

(10:13):
turn. Why is it that sometimeswe hear from Jackson, sometimes we hear
from Yanetti and sometimes miss Little.How do they decide who's going to go?
So that's strategic They do that.Whatever they're you know, when they're
prepping about who which witness each attorneyis going to take, they did it
and they alternated with the Comwalt's witnesses. If you notice that Jackson took most

(10:37):
of the police witnesses and Yanettie tookmost of the civilians, and then generally
they put attorney Little in when there'snot going to be a huge back and
forth, it seems like maybe it'sa little bit more directive across examination or
there's not going to be as manyquestions they lead sort of the uh more

(11:01):
litigious ones to Jackson and Unetti,But that's really just the back and forth.
It also helps the jury in thatcontrast with the komwealth who just has
Adam Lalley asking the questions, becauseyou know, it's nice to see the
different styles and switch up. Soit's I think it's good for the jury
to see different you know, outsidethe courtroom. They each prepped for the

(11:22):
person they're going to be dealing with, which I guess makes sense. It's
getting crazier and crazier. It's allover the national the network news now and
boy Turtle Boy like comes out ofnowhere and like he's like the most famous
guy around. Yeah, seems tobe. Do you think somebody in the
bar called the family and said turtleboys at the bar having dinner. I

(11:43):
think it seems like the people thefamily was. I mean, it's DNS
next to our Chris Aalbert owns it, so you know he's the he's working.
I'm sure there were a couple ofother people there and then once they
found Turtle Boy was I'm sure that'swhen, Yeah, they don't need anger
management. Everyone's so angry. It'sI think it'll be really interesting. I

(12:07):
think when everybody gets like a breakand we take can take a step back
from you know, once we getthe verdict and once you know, tensions
have kind of died down to reallylook at all the little intricate pieces that
have gone on both inside the caseas well as the part you were telling
us off the air a couple ofminutes ago that Mark Wahlberg's production company is

(12:28):
possibly working on a documentary on this. Yes, that's that's my understanding.
Yes, And I think, likewe were saying, I imagine there's going
to be a number of different documentariesand Netflix as well, and she's probably
got a book deal. I wouldthink there's going to be lots to come
from this, because this is astory that is pretty entertaining. It's like
the Murdock case down in Justin Well, Catherine, when you you know when

(12:52):
and if they ask you to bea part of any of these documentaries,
can we get a shout out ofcourse you can have kiss? Wow?
This God, this trial is fascinatingto me. I have a question for

(13:13):
our favorite Jenny, what kid isgoing on with the jury when they go
to lunch. Are they allowed totalk about the case with each other or
has no communication really happened between themto kind of get a feel for what
each other's thoughts are so far same, So technically they're not supposed to.

(13:35):
I have always found it had tobelieve that they're not, you know,
I don't think that when this wantnot to deliberate until the end of the
trial. So it's not as ifjurors are going back every time they're on
a break or on lunch that they'rereally getting into the substance of the testimony.
But I would be surprised if they'renot having some chatter back and forth.
We've been here since mid April.You know clearly what happens a lot

(14:00):
of times in these jurys's people formrelationships with other jerseys, you know,
they really become it's kind of theymust be or there could be some infighting.
It goes both ways. So whenthe trials over, can the jury
then speak to the camp. Yes, And it's always up to them so
they you it's not an obligation.They could all remain silent. They don't

(14:22):
have to talk to anybody. Butit's always interesting when we at least if
we get a couple of jurors whotalk to give a little bit of insight
into what everybody was thinking behind thescenes. Well, they're saying there's a
chance the defense could rest as earlyas today, which means then the judge
would instruct the jury when probably soif it is a half a day,
which I'm not one hundred percent sureof, but then she would do it
tomorrow. If the defense wants thedefense rests, what they'll do is they'll

(14:45):
renew the emotion for a directed verdict, which is what Alan Jackson did on
Friday. Does that ever work thatthe judge says you're right? Cases over?
Does it ever work? Very veryrarely, but almost never in cases
like this. It's usually in youknow, something that's a two day trial,
maybe in district quarter. But thestandard really is so basically the defense

(15:09):
always has to to preserve their repellaterecords. You have to file for and
move for a directed vertic. That'swhat Alan Jackson did at the close the
calmost evidence, and then they doit again at the close. So everyone
always has to do They always haveto do it. Yet, back to
phones or you want to do atalk back justin I mean, either they're
they're lined up over here. Soyou have previously mentioned that like Brian Higgins

(15:31):
and Brian Albert's getting rid of theirphones is like it's unlikely that they're like
texting about a murder cover up,but there's likely things on there they don't
want to come out. Hypothetically speaking, if they hadn't gotten rid of their
phones and there was other stuff onthere that they didn't want others to see,
could that actually publicly legally come outor no, I would say,

(15:56):
if it didn't have anything to dowith the case, likely not, because
when if you're seizing somebody's phone asthe police, or if you're getting a
Rule seventeen motion to get the recordsfrom it, they're looking for something specifically.
So they did want the information fromyou know, that January twenty eighth
through a set date and eventually andit's really interesting because they were ordered to

(16:19):
preserve the phones, right and thengot rid of them, but ultimately the
order was denied. So if theyhad just held on to them, not
destroyed them or got rid of themand then the order was going to be
denied, nobody was going to seethe phones anyway, So it's kind of
this now. But because they did, they got to argue, you know,
the inference that there was something onthem. But if it was,

(16:40):
you know, if it was thingslike how Michael Procter was talking about Karen
Reid, unless it had to dowith the case, it likely wouldn't have
come out, at least in thisaspect. Again, like everybody else,
we're talking about the Karen retral justinyou haven't know the talkback. Yeah,
I'll do one more here. Iwas just wondering if anyone thinks that the
final defense witness will be Chloe.What if she walks in like with bad

(17:03):
to the bone, playing a hairbowin her hair, some sunglasses on,
and Jackson is like, here yougo, we have Chloe on the fan.
Who's Chloe? Oh my German shepherd? Oh boy, the missing German
shepherd. Well the doctor, understand, did say the wounds were caused by

(17:27):
a lot of weird things happened,So you just never imagine the shepherd starts
walking down the aisle. Well that'sa big that's a big question. Do
you think prosecution is still going tohave the rebuttal witness for the dog bite?
That's a good question. I actuallywas wondering that. I honestly,
I feel like, no, there'sno at this point. Everybody just wants

(17:47):
people already have, and I thinkjurors have already decided, you know,
which one we want to believe.I don't think a rebuttal witness is really
going to do anything at this point, so you know, give it to
the jury. Let them start deliberating. All right. That's catherin Loftus are
legal expert. There's Chloe in thebackground, and from Loftus and Loftus.
You can find her on social notemy objection, and so we think it's

(18:10):
a half day. I saw areport that said the judge had a hearing
for the Brian Walsh case at twoo'clock this afternoon. I could be wrong,
but there will be some testimony today. You coming in tomorrow. I
am all right, uh, CatherineLofty
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