Karen Read case investigator, prosecutor could appear on stand Monday

Two prominent figures from the murder trials of Karen Read could crop up again in the same courtroom on Monday Both original Read prosecutor Adam Lally and lead investigator Michael Proctor who was fired by the Massachusetts State Police earlier this year due primarily to his conduct into that study could end up on the witness stand Monday for a Milton murder episode Feasible fireworks could come in the hearing scheduled for a m Monday in Courtroom of the Norfolk Superior Court That s the courtroom where Lally twice prosecuted Mansfield s Read for the murder of her boyfriend Boston Police Officer John O Keefe and Proctor read aloud from the witness stand the text messages that contributed in no small part to his dishonorable discharge from the force earlier this year This time it s for an evidentiary hearing to dismiss the murder occurrence of Myles Omari King a scenario partially investigated by Proctor and originally prosecuted by Lally A jury last month acquitted Read of all charges other than drunken driving Bail and dismissal request Defense attorney Rosemary Scapicchio has already won a new bail order for her client based according to her request on a huge amount of new evidence that she has to process before trial At the time of her May th request to have the circumstance dismissed outright Scapicchio says her client had been held without bail for three years months and days The Commonwealth waited until the five months before trial to turn over crucial and voluminous evidence to the defense Counsel is in the process of reviewing search warrants and affidavits not previously provided her motion stated The Commonwealth s failure to perform an adequate scrutiny and turn over relevant and exculpatory discovery should fall on their shoulders not beleaguer King she wrote in the filing She continued This Court should send a message to the Norfolk County District Attorney s office that their lax strategy and repeated failure to comply with orders of this Court and with the due process rights of defendants warrant dismissal in this incident Judge Michael P Doolin last month considered a joint request to set a low bail in King s scenario and to continue the trial from its scheduled start in September He agreed to both requests though he set bail at cash with home confinement and GPS monitoring not the requested There is no new trial date Proctor s records Proctor was fired by the MSP earlier this year for what Judge Doolin summarizes as allegedly sending inappropriate and misogynistic messages on his personal cell phone suggesting that he was biased against Read Now defense attorneys including Scapicchio think that a deeper dive into Proctor s phone records might reveal his bias against their own clients The matter led to a chaotic hearing in court on Friday in which the attorneys argued against the impending destruction of the contents of Proctor s iCloud account In this development Scapicchio sought records related to Proctor s phones both work and personal and she was largely triumphant in her request Doolin granted her access to records for both phones from the date of the charged murder July to the date of the indictments Nov as well as any other phone records in the District Attorney s office s possession that included investigative information or materials helpful to the defense as required by law The occurrence King is accused of shooting to death Marquis Simmons outside his mother s home on Belvoir Road in Milton a little before p m on July He disclosed he was gonna do it he noted he was gonna do it Simmons allegedly described a Milton Police officer before he lost consciousness according to Lally s declaration of the situation Simmons allegedly identified his shooter as Mizzie Mizzie Cash which is allegedly King s rap name as seen on his YouTube channel before losing consciousness again Paramedics put him into an ambulance where he allegedly started to seize during shipping He was declared dead at Boston Curative Center at about that night An autopsy revealed that a bullet entered the front left of Simmons left shoulder then through the top of his left lung and grazed the right lung The mm bullet which was determined by shell casings located at the scene left stippling at its entry point indicating a close contact gunshot Staff Photo By Stuart Cahill Boston HeraldRosemary Scapicchio L and Susan Marie Costa speak to the media as lawyers for several defendants argue to stop the destruction of ex state trooper Michael Proctor s electronic communications Staff Photo By Stuart Cahill Boston Herald Greg Derr Pool PhotoFired State Trooper Michael Proctor Greg Derr POOL Photo By Matt Stone Boston HeraldAssistant District Attorney Adam Lally questions a forensic scientist during the Karen Read trial Photo By Matt Stone Boston Herald