MA v Karen Read - September 2022 - Motions Hearing - Alan Jackson's 1st Day

Main points from the Karen Read trial September 2022 motions hearing: I. Preliminary Matters • Pro Hac Vice Admissions: Defense attorneys Alan Jackson and Elizabeth Little were admitted to the case without objection from the prosecution. • Scope of the Hearing: The parties agreed to limit the hearing strictly to motions regarding the preservation of evidence, as the prosecution required additional time to respond to broader discovery motions. II. Preservation of Forensic Samples • Motion Status: The motion to preserve physical samples for independent forensic testing was allowed without opposition. • Urgency: The defense stressed that time was of the essence because the Medical Examiner's office routinely destroys samples nine months after receipt, a deadline that was quickly approaching. • Action Plan: The prosecution agreed to immediately email the lab and the Medical Examiner's office to halt any destruction, and the court allowed the defense to send the court's order directly to the crime lab as well. III. Preservation of Third-Party Cell Phone Data (Rule 17) • Defense Request: The defense sought an order to stop specific third-party witnesses from deleting, altering, or manipulating data on their personal cell phones prior to a formal ruling on the data's production. • Prosecution's Objection: The prosecution questioned the court's authority to impose restrictions on the personal property of third parties, noting that a formal preservation request was missing from the original motion. • Resolution: The judge declined to issue an oral order and instead instructed the defense to draft a written preservation order in Word format for the court's review. Once approved, the Commonwealth will send the order to the third parties to formally notify them. IV. Google Geofence Data Preservation • Initial Flaw: The defense raised concerns that the Commonwealth's first preservation request to Google was too narrow, as it only requested data from apps downloaded from the Google Play Store, which would exclude iPhone data. • Current Issue: While a corrected preservation request had been sent, the defense lacked confirmation from Google that the amended data would actually be preserved. • Resolution: The prosecution agreed to independently follow up with Google to determine the status of the amended preservation request, which the judge accepted in lieu of a formal court order. V. Future Hearings • Scheduling: The court scheduled the next hearing for October 3, 2022, at 2:00 p.m.. • Agenda: This future date will be used to address the remaining substantive motions, which includes the first hearing on the Rule 17 motions regarding the third-party cell phone data. 00:00:00 - Karen Read Trial - September 2022 Hearing 00:01:42 - Motion for Preservation of Forensic Samples 00:02:14 - Rule 17: Third-Party Cell Phone Data Preservation 00:09:37 - Google Geofence Data Preservation Issues 00:16:54 - Urgent Medical Examiner Sample Preservation Deadline Karen Read February 2022 Arraignment:    • Karen Read Trial - The Arraignment - Febru...   Other courtCHOPT Playlists: Kevin Spacey Trial:    • Kevin Spacey Trial - Alan Jackson Defense ...   CA v Phil Spector:    • Prosecutor Alan Jackson - Phil Spector Tri...   MA v Aidan Kearney:    • Gaetani v Aidan Kearney - Turtleboy Civil ...   CT v Raul Valle:    • Jury DIDN'T SEE This - Video Answer to the...   UT v Kouri Richins:    • Kouri Richins Trial - Lead Investigator O'...