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Tag: Michael Proctor

  • More cases involving Michael Proctor are under review

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    Disgraced former Massachusetts State Police Trooper Michael Proctor is no longer fighting to get his job back, but his investigative work is still attracting the attention of defense attorneys.

    Proctor was fired in March because of his handling of the Karen Read case. He served as the lead investigator into the death of her boyfriend, Boston Police Officer John O’Keefe.

    Read was ultimately acquitted of the most serious charges against her, including murder, at the end of her second trial this year.

    The work of former Massachusetts State Police Trooper Michael Proctor, who was fired over his handling of the Karen Read investigation, is being scrutinized by defense attorneys in other cases.

    Recent court documents show the Norfolk County District Attorney’s Office has examined nearly 20 cases involving him.

    “I’m not surprised that the number is high — before we’re done, it might even go higher,” said NBC10 Boston legal analyst Michael Coyne.

    Prosecutors were ordered to review a federal investigation of the Read case and turn over any evidence beneficial to other defendants whose cases involved the former state trooper.

    The cases were identified as part of a document involving Brian Walshe, charged with the murder of his wife, Ana Walshe. Proctor investigated that case, as well.

    Michael Proctor has moved to dismiss his appeal to get his Massachusetts State Police job back — he lost it in the wake of the Karen Read case, for which he led the investigation. In a separate case, 13 years of deleted cellphone data from his phone was located in the cloud.

    “Any time that you can use some of these mistakes that he’s made to help put doubt in the minds of a juror, well, that is precisely what they’re supposed to do,” Coyne said.

    It’s unclear what, if any, information was given to the defendants, with a lot of the details coming from Proctor’s cellphone.

    “Remember, Tom Brady destroyed his cellphone during Deflategate,” Coyne said. “Most people would not want their phones examined. He turned it over, in part, thinking that he had deleted some of this information, but as we’re learning, things are never deleted forever.”

    Interest in Proctor’s phone activity is not new — during the state’s first trial against Read last year, which ended in a mistrial, he acknowledged in his testimony that he sent offensive texts about the defendant to his friends, family members and fellow state police troopers during the investigation. He did not testify at the retrial.

    Coyne compared the review of Proctor’s investigative work to the case of Annie Dookan, the state criminologist who admitted to tampering with evidence, prompting a review of thousands criminal cases.

    “You’re not going to see anything of that magnitude,” Coyne said. “This is small county, it’s Norfolk County, but again, it does tell you, when the evidence is tainted, the defense attorneys are going to dig deep.”

    The judge overseeing this process has ordered for the federal evidence pulled from the investigation to be saved instead of being destroyed.

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    John Moroney, Robert Goulston and Mike Pescaro

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  • WATCH: Update in court on Michael Proctor evidence in other murder cases

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    A court hearing is set Tuesday for Norfolk County murder defendants’ attempt to get evidence materials related to former Massachusetts State Police Trooper Michael Proctor‘s phones used in the Karen Read trial.

    The Read trial evidence was given to the Norfolk District Attorney’s Office on condition that it would only be used in the Read trial and then destroyed. But attorneys for Brian Walshe and others have been trying to get them to see if there is any exculpatory evidence in their cases.

    Proctor investigated cases in the Norfolk County District Attorney’s Office.

    At a recent hearing, prosecutors told a judge that they believe they have a potential way of providing the materials, but still needed at least a couple more weeks to finalize the plan with the Massachusetts U.S. Attorney’s Office.

    Walshe had been scheduled to go on trial for the alleged murder of his wife, Ana Walshe, on Oct. 20, but it was delayed Monday as the suspect was sent to Bridgewater State Hospital to be evaluated for competency in the wake of his stabbing in jail.

    Lawyers for Walshe and other murder defendants have been waiting months for the Norfolk District Attorney’s Office to release critical evidence, including between 3,000 to 5,000 pieces of communication stored in Proctor’s cloud account. Similar evidence led to Proctor being fired for misconduct in the high-profile murder case of Read, who in June was found not guilty on the most serious charges she faced and guilty of the lowest form of a drunken driving charge.

    Rosemary Scapicchio, the defense attorney representing 25-year-old Myles King, raised concerns at a previous hearing that the date when the evidence can be destroyed is drawing closer. King is accused of fatally shooting Marquis Simmons in Milton back in July 2021.

    “I’m concerned that if at some point this court needs to make an order, we want to make sure we’re giving them enough time,” she said. “We can’t do what happened initially where the day before where we’re making phone calls and this stuff is getting destroyed tomorrow.”

    The judge disagreed, however, saying he thought that a lot of progress had been made over the previous 25 days.

    That brief hearing was continued until Tuesday, and the judge said that the hearing might not even be necessary, as the information might be able to be shared via letter. If the hearing is necessary, he said at the time that it would be used to determine next steps.

    Walshe, 48, of Cohasset, faces first-degree murder, misleading a police investigation and other charges in the death of his wife, whose body has never been recovered. He has pleaded not guilty to all charges.

    Ana Walshe, who is originally from Serbia, was last seen early on Jan. 1, 2023 following a New Year’s Eve dinner at her Massachusetts home with her husband and a family friend, prosecutors said.

    Listen to The Searches for Ana Walshe podcast for a deep dive into the case.

    Brian Walshe said she was called back to Washington, D.C., on New Year’s Day for a work emergency. He didn’t contact her employer until Jan. 4. The company — the first to notify police that Ana Walshe was missing — said there was no emergency, prosecutors said.

    Prosecutors have said that starting Jan. 1 and for several days after, Brian Walshe made multiple online searches for “dismemberment and best ways to dispose of a body,” “how long before a body starts to smell” and “hacksaw best tool to dismember.”

    Prosecutors have also said that Ana Walshe had taken out $2.7 million in life insurance naming her husband as the sole beneficiary.

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  • Michael Proctor kept on ‘full duty’ months after state police learned of profane texts

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    Michael Proctor kept on ‘full duty’ months after state police learned of profane texts

    In a bid to regain his job, former Massachusetts State Trooper Michael Proctor is appealing his termination, and his filing with the Massachusetts Civil Service Commission claims he was treated unfairly and that the State Police acted inconsistently in his case.

    25 Investigates obtained Proctor’s file with the Commission through a public records request.

    According to a pre-hearing memorandum from his lawyer, Daniel J. Moynihan, Proctor stated that the Massachusetts State Police continued to assign him new cases and kept him on “full duty” for nearly five months after he first revealed his profane text messages to his superiors.

    Moynihan wrote, “after he disclosed the content of the text messages in early February 2024, he was allowed to continue on full duty for an extended period, suggesting his conduct was not initially deemed a cause for immediate suspension.”

    Proctor states he was first confronted with the messages at a federal grand jury on February 1, 2024, and immediately disclosed their existence and content to his bosses.

    Proctor met with 2 State Police lawyers and a Major the following week where he, “disclosed the existence and content of the text messages that were in the possession of the U.S. Attorney,” according to Moynihan.

    It was not until the text messages became public in June 2024, during the Karen Read murder trial that Proctor was suspended and eventually fired.

    The appeal further states that an initial investigation conducted by two State Police captains with the Office of Professional Integrity and Accountability determined “there was no evidence of bias on his part” in the Read case. This stands in contrast to the reason for his eventual firing, which was partially for creating a “perception of bias” with his messages.

    Proctor’s legal team also contends that the trooper had a constitutional right to privacy on his personal cell phone, as there is no State Police policy governing the use of personal devices by troopers.

    “Any and all private text messages attributed to the Appellant were sent on a personal cell phone, on which he had an expectation of a constitutional right of privacy,” Attorney Moynihan wrote.

    The disciplinary action taken against Proctor is described in the appeal as “disparate” and greatly exceeding the punishment given to other members of the department for similar first-time offenses.

    Proctor is scheduled to have a series of hearings before the Civil Service Commission beginning next week.

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