Karen Read defense team says it will file motion to dismiss murder indictment
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'Among them is the opportunity to reliably assure her sources that certain information ... will be off-the-record,' Bertsche said.
He said Voss risks being subjected to continued 'vitriol' should her off-the-record notes enter the public record.
Recently, Bertsche said, a Facebook commenter 'who I won't name' posted Voss's personal phone number, and she has 'received several strange phone calls' since.
Cannone, who previously ordered Voss to turn over unredacted recordings of her on-the-record interviews as well as the off-the-record material, noted Friday from the bench that she's
Cannone said she'll give Bertsche the chance to suggest redactions to the off-the-record notes, so that only Read's statements are provided to prosecutors, rather than any notes Voss may have taken regarding her own personal impressions.
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Prosecutors allege that she backed her SUV in a drunken rage into her boyfriend,
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Regarding the defense's impending bid to dismiss the case, Read attorney Alan Jackson said during Friday's hearing that 'we think that we have grounds' to file the motion, though he didn't elaborate.
Cannone ordered the defense to file their dismissal motion by Feb. 11, with a hearing on the matter scheduled for the following week.
That motion is separate from
It's not clear when the SJC will rule.
Meanwhile, much of Friday's hearing also dealt with
Prosecutors contend the timestamp on the Google search was inaccurate and that government experts are prepared to testify as to why, as they did in the first trial.
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The government wants a hearing so prosecutors can question
McCabe
'When a [phone] tab is open ... it is opened at a particular time, and [if] that tab is reused, the original time will imprint' as the timing on the later search, said special prosecutor Hank Brennan, nodding to McCabe's testimony that she'd looked up a youth sports program on her phone shortly before 2:30 a.m.
Read attorney Robert Alessi countered Friday that the government's experts at the first trial confirmed a dying in the cold search at 2:27 a.m. had been deleted.
'There were 4,056 searches on the phone of Ms. McCabe' when investigators examined it, Alessi said. 'Four-thousand fifty-six. There was one deletion out of 4,056, and guess which one it was. 'Hos [sic] long to die in the cold.''
Cannone took the matter under advisement.
Material from prior Globe stories was us in this report.
Travis Andersen can be reached at
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