With the high-profile murder trial against Karen Read just weeks away, Massachusetts prosecutors are asking the judge to keep protesters away from the courthouse and prohibit certain articles of clothing.
Read is accused of killing John O'Keefe, her Boston police officer boyfriend, in Canton, Massachusetts, in 2022. Her lawyers have alleged that she is being framed amid a massive coverup, which the prosecution has denied.
The trial is set to begin April 16.
The Norfolk County District Attorney's Office filed a motion this week asking that demonstrations be moved back 500 feet, creating a "buffer zone" around Norfolk Superior Court in Dedham.
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The motion also asks for shirts and other objects displaying "Free Karen Read" and other messages to be banned in the vicinity of jurors.
"There is a substantial risk to both the defendant and Commonwealth's rights to a fair trial that would be jeopardized if prospectives [sic] jurors are exposed to the messages contained in the demonstrations, especially before this Court has had the opportunity to instruct trial jurors about their obligations to remain fair and unbiased," prosecutors wrote in the motion. "Further picketing and demonstrating at the courthouse during the pendency of the case would expose jurors to extraneous matter that could prejudice both parties."
"The Commonwealth also moves for an order prohibiting anywhere where prospective jurors gather or walk to the courtroom, the wearing or carrying of papers, water bottles, tote bags, signs, buttons, pins, t-shirts, sweatshirts, hats, or any other attire or item that contains any images or writing that suggests a favorable or unfavorable opinion of either party," prosecutors went on to say.
Paul Cristoforo, who helps organize rallies in support of Read, believes the move would be an abuse of power in defiance of his First Amendment rights.
"My first reaction was literally, 'What?'" Cristoforo said. "The commonwealth is calling it a 'buffer zone,' but they might as well call it a restraining order against the citizens of Massachusetts, because that's exactly what it is."
"I've never seen anything like this, and it kind of goes against everything that the First Amendment stands for," said Benjamin Urbelis, a criminal defense attorney who is not involved in this case.
Urbelis says he's seen regulations inside of courtrooms, but nothing like this outside — particularly when it comes to attire.
"If you're getting a coffee or you're walking down the street, not actually doing anything other than wearing a pin, this motion kind of suggests that you're committing a crime," he said.
The judge is now left to decide whether to approve or deny the motion.
"We'll see how this turns out, because I think it is ripe for a challenge," Urbelis said.
A protest is scheduled at 3 p.m. Monday outside the Norfolk County District Attorney's Office in opposition to the motion.
