PLYMOUTH, Mass. — A Plymouth County Superior Court judge issued a 24-hour stay on Michael Proctor’s subpoena to appear for a deposition with Karen Read’s attorneys.
Michael Proctor was subpoenaed in April for Monday’s deposition.
Lawyers for Michael Proctor, Karen Read, Paul O’Keefe, CF McCarthy’s, and the Waterfall Bar and Grill met over Zoom Monday morning after Proctor’s attorney filed a protective order Friday.
That order was to move the date of his deposition in the wrongful death lawsuit against Karen Read and the named restaurant establishments.
Proctor’s attorney filed papers four days before the deposition was set to take place.
Matthew Hamel told the judge he put in the majority of what they needed in those papers and the two affidavits that were filed.
“Within hours, my client and his family members received harassing phone calls pertaining to information contained in those affidavits. I think it’s safe to assume that the clerk’s office did not disseminate that information on a Sunday afternoon,” said Hamel.
Read’s attorney, Damon Seligson, said this is a deposition they prepared, strategically planned, and incurred costs for.
He said there is not a sufficient reason provided, family commitments or health issues, that are impacting Proctor’s ability to attend on Monday.
Just last week, Karen Read filed a new lawsuit against the Massachusetts State Police and Canton Police, alleging a system-wide failure of law enforcement LED to her wrongful prosecution over three years.
That lawsuit also includes newly revealed text messages between Proctor and former Canton Police officer Sean Goode. According to court documents, the messages contain vulgar and profanity-laced language, including derogatory racial remarks directed at African Americans and Asians, as well as offensive and explicit references to women.
The judge questioned whether that new action had to do with the strategic planning Read’s lawyer referenced.
“When I say strategic, I mean sequencing of depositions. Nothing to do with the Massachusetts state police complaint we filed. Those dates aren’t; there wasn’t some kind of effort. To impact the deposition with the filing of the complaint,” said Seligson.
The judge took a recess and then agreed there was insufficient information to support a delay in the deposition.
But he gave more of an explanation of why he asked Seligson about what he meant by “strategic planning.”
He pointed out that Read appeared on national news programs at the end of the week.
“Although there is no duty on Mr. Read’s counsel to have informed Mr. Proctor’s counsel of the intent to file the most recently filed Bristol County action, I think it is unreasonable not to have done so. With a scheduled deposition pending, and then to have filed such action four days before the scheduled deposition,” said Judge Mark Gildea.
Gildea also quoted the Massachusetts Rules of Professional Conduct when he said, “An advocate can present the cause, protect the record for subsequent review, and preserve professional integrity by patient firmness no less effectively than by theatrics.”
Given the claims made in the filings over the weekend, Judge Gildea said he will delay making a final decision until later Monday afternoon.
They are back in court at 4:15 p.m.
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