A Massachusetts judge sharply rebuked attorneys in the Karen Read wrongful death civil case, saying their filings were too focused on background and public chatter instead of the issues he needed to decide. He also warned both sides to “stop pandering to social media.”
The comments came during a Wednesday hearing in Plymouth Superior Court, where the planned deposition of Colin Albert became a point of dispute. Judge Mark Gildea said one motion from Read’s legal team was “replete with arguments presented as facts,” and he urged lawyers to keep their pleadings tighter and more relevant.
“There’s a lot more background in these submissions than I really need to decide these issues,” Gildea said. “So I’m going to ask all of you, in the pleadings that you file, at least with me, just write what I need to know in order to decide the issue and stop pandering to social media.”
Aaron Rosenberg, one of Read’s attorneys, pushed back and said, “We’re not pandering to anyone and we don’t intend to.” Gildea responded that claims dressed up as facts were “nothing but attempts to sensationalize certain things.”
Dispute over Colin Albert’s deposition
The judge also questioned how Read’s team handled the subpoena process for Colin Albert, a non-party witness. Albert was notified on February 11 that lawyers planned to depose him on April 29, but the subpoena was not issued until April 15 and was not served for another six days.
Rosenberg described the delay as an oversight and said there were “a lot of moving pieces.” Gildea said it was difficult to accept that explanation, given the timing of the notice, subpoena, and service.
He also challenged Albert’s attorney, James Tuxbury, after Tuxbury said Albert would not be available until the fall because he had joined the Army and was in basic training. Gildea replied, “Not going to happen,” and made clear that the subpoena had to be treated seriously.
“It’s not a matter of figuring it out. It’s a matter of you saying to him there’s a duly issued subpoena … A subpoena needs to mean something,” Gildea said.
Tuxbury said he can speak to Albert only one hour per week during basic training, but he planned to find out on Saturday when Albert could be available for deposition. Gildea said discovery in the case ends on August 17 and told the defense to find out when Albert can return to be deposed.
Why Colin Albert matters in the case
Colin Albert has been a controversial figure in Karen Read’s criminal proceedings. During her two high-profile criminal trials, Read’s defense tried to suggest that Albert was one of several people responsible for the death of John O’Keefe, a former Boston police officer who was dating Read at the time.
The defense claimed Albert and two other men may have been involved in a fight with O’Keefe inside the Canton home where his body was later found outside in the snow. Albert testified in the first trial and was questioned about photos showing bloody knuckles after O’Keefe’s death and old videos in which he appeared to threaten violence.
In the retrial, Judge Beverly Cannone ruled that the defense could not use Albert as part of its third-party culprit defense, and he did not take the stand in the second trial. On Wednesday, Read was in court, while Albert was absent.
Probation has ended for Read
Thursday marks one year since Read was acquitted of all charges in her criminal case except operating under the influence. She was sentenced to one year of probation, and that term officially ended on Thursday.
Also present in court were Albert’s father, Chris Albert, and Jen McCabe, a key witness in both trials. The civil case remains pending as the parties continue to fight over discovery and deposition timing.