Aidan Kearney — the blogger better known to most as "Turtleboy" — was excused from the courtroom during Friday morning's witness testimony in the Karen Read murder trial, after a motion from the Commonwealth to have him removed.
Kearney has written about the case extensively on his blog, and has also been charged with intimidating witnesses in the Read case.
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Friday was the first day that Kearney was allowed into court in one of the media seats.
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Julie Albert was finishing her testimony at around 10 a.m. Friday, and the prosecution was preparing to call Nicole Albert to the stand. Prosecutors moved that Kearney be removed from the courtroom, concerned that his presence would intimidate Nicole Albert and other witnesses.
Kearney's attorney, Tim Bradl, swung back at the Commonwealth, saying the state was trying to "trample all over" his client's First Amendment rights.
"There's some funny business going on here," Kearney's attorney said. "I don't appreciate that."
"This is more personalized retaliation from the Norfolk County DA's office," he added. "This was adjudicated fully."
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Assistant District Attorney Adam Lally — who specified that his motion asks that Kearney not be allowed to attend in person, but would still allow him to watch the trial and cover it — said that witnesses have expressed concern and the Commonwealth feared that his presence may impact their testimony.
Bradl argued that the motion did not have legal grounds.
"The answer that I have is, 'So what?' This matter has been adjudicated twice. Mr. Kearney has the right to speak on the case, he's gone through all the proper channels to be here... he's just trying to cover the case as best he can. This is just a personal vendetta that's been carried out by the Norfolk County DA's office against Mr. Kearney... there's no reason for this motion to be allowed."
Judge Cannone ended up ruling that Kearney will be excused during the testimony of several witnesses named by the prosecution, including Julie Nagel, Chris Albert, Colin Albert, Trooper Michael Proctor, Jennifer McCabe, Matthew McCabe, Brian Albert Sr., Brian Albert Jr., Trooper Uri Bukhenik and Nicole Albert.
Cannone also said that Kearney has a right to be in the courtroom, and that she will not take away his seat during his absence. He will be able to return to court for other witnesses.
