Judge tells ‘Turtleboy' blogger to keep away from Karen Read case witnesses
'Additional Conditions of Release: 1. Stay-away / no contact direct or indirect with the named witnesses in his Superior Court cases,' said the order. '2. Stay 100 yards away from D & E Pizza in Canton, MA and 3. Behave in an appropriate manner while in any court house or within 300 feet of the building.'
The pizza shop is owned by Canton Selectman Chris Albert,
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Kearney's legal team has said in court papers that Doolin should toss the charges because they 'implicate only protected speech,' and because prosecutors compromised 'the integrity of the Grand Jury by misrepresenting the state of the evidence and the law.'
By ordering Kearney to act in an 'appropriate manner' while in the courthouse, Doolin effectively cleared the way for the blogger to cover Read's second trial, slated to begin April 1, in person as he did during her first go-round.
Kearney has loudly championed Read's claims of innocence in the death of her boyfriend,
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Read's
Karen Read in court.
Greg Derr/The Patriot Ledger
During Kearney's
He also 'doxxed' some of those witnesses, publicizing their home addresses and their work and private phone numbers and encouraging his audience to harass them, Mello said.
'This is not my last trip to Canton. I'll be back,' Kearney allegedly said in one profanity-strewn video, adding later, 'These people think I'm [expletive] around. They haven't seen the last of me. Get used to it.'
In another video, Kearney allegedly addressed one of the witnesses directly, saying the witness could not avoid Kearney's followers, Mello said.
'I got really bad news for you,' Kearney said, according to Mello. 'They are literally everywhere. You guys should just stop going out in public. It's only going to get worse from here. I know where you all were today. You were in Agawam, weren't you? You guys were at some sort of Little League thing in Agawam.'
Court papers said Kearney also allegedly confronted Albert at his pizza palace and urged his online followers to call in orders without picking them up.
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But in the dismissal motion, Kearney's lawyers said the government failed to present evidence that he'd engaged in any criminal wrongdoing.
Instead, the defense said, prosecutors have 'merely' alleged that Read witnesses have suffered emotional or economic harm, or were placed in fear by Kearney's reporting and advocacy.
'The First Amendment does not cease to protect a journalist's non-threatening opinions simply because such speech allegedly caused economic or emotional harm,' the motion said. 'If anything, it is precisely in these situations in which the First Amendment must protect a person's right to report on and express their opinion on a matter of public concern.'
The next hearing in Kearney's case is scheduled for April 30, records show. A trial date hasn't been set.
Material from prior Globe stories was used in this report.
Travis Andersen can be reached at
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