The Fight for Proctor's Phone Data & The Federal Protective Order Dilemma | Case Brief

The Emily Show

Baker Media, LLC.

True Crime, Entertainment News, News

4.9 • 1.9K Ratings

🗓️ 13 August 2025

⏱️ 8 minutes

🔗️ Recording | iTunes | RSS

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Summary

Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtube.com/live/dpvMV9XQhOs Obtaining a federal download of Former Trooper Michael Proctor's phone data is sought by attorneys for multiple defendants in Norfolk County murder cases because it may contain exculpatory evidence. However, Proctor's lawyer claims nothing exculpatory exists outside the federal materials, partly because Proctor got a new phone in February 2024, potentially wiping earlier data. The problem is that the state police and Norfolk DA cannot directly extract this data; they must get it from the feds, who rejected requests for discovery from other prosecutions but turned it over in the Karen Read case. In the Karen Read case, the federal discovery was turned over, but it came with a federal protective order prohibiting its use in other cases. This creates a "boot loop" or "procedural quagmire" because Assistant District Attorney McLaughlin, who worked on the Read case, is aware of potentially exculpatory and impeachment information regarding lead investigator Former Trooper Proctor contained within these federal materials. Under Rule 14, McLaughlin is obligated to disclose the existence of such information to the defense in other cases (like the Walshe case), but the federal protective order prevents the office from physically turning over or even reviewing this material for exculpatory content. This forces the defense to argue for potentially exculpatory evidence they cannot see or definitively prove. RESOURCES Myles King Discovery Hearing August 5 - https://www.youtube.com/watch?v=V_gRWoUtPKY Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0	Welcome back. It's time for a case brief, keeping you in the loop with the cases you care about most. Just more briefly. If you want the full coverage, it's linked in the description below. But for now, let's get into it.
0:10.4	It's Tuesday. It's August 12th, 2025. We have some court today. We have all of the things going on. But if you were with us last week week last week we covered a court hearing in
0:22.0	Massachusetts same old courtroom different judge different case mostly different
0:26.7	lawyers except for attorney Lally who had been on the stand a few weeks before that
0:30.8	in the Miles King case so there's a discovery hearing set for today my anticipation
0:35.8	is that there will be some discussion about discovery in
0:39.3	the King case. Though I am not covering that case per se, we have so much to talk about with
0:46.4	attorney Adam Lally, who had been the prosecutor on the Karen Reed case before they brought in
0:50.9	Hank Brennan, with Trooper Proctor, with what seemed to be systemic and ongoing
0:56.0	discovery issues in Massachusetts, especially and particularly with the Norfolk County District Attorney's Office.
1:02.6	So though we are not covering per se the King case, it is a accusation of a homicide, so it's a murder case.
1:09.6	Miles King has been let out of jail on a significantly low bail and house arrest because of the discovery issues. So someone who was no bail has already been released because of the discovery issues delaying trial. This has been delayed now for years. It seems that there are still things from the very beginning of the case that the defense does not even have.
1:31.3	So we are seeing these discovery issues pop up again and again and again.
1:38.3	And it's wild, the stuff that was being complained of by the defense and the care and read cases going on in these cases too.
1:45.0	And these discovery issues are just a disaster and shouldn't be happening.
1:51.0	So I am keeping an eye on the discovery because I'm, A, curious what the courts are going to do
1:56.0	and be somewhat stunned that this is as bad as it is.
2:00.0	Turn over the discovery. It's really not that confusing.
2:02.6	We just got to the Zoom part of the hearing regarding the King case that we had been waiting for since this morning.
2:10.6	And the Zoom hearing is cut.
2:14.6	And the pool camera cut before any of these hearings ever got started. What happened in the
2:21.0	Miles King hearing today? We don't know. We won't know what's going on with Discovery in the King
	...

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