Blog: ElderLaw.info Voted Massachusetts SuperLawyer, 2009-2025; Editor, MCLE’s Elder and Disability Law in Massachusetts.

Joined March 2009
27 Photos and videos
Brian Barreira retweeted
Replying to @KristinaRex
So the judge seems to be leaving a lot up to the MSP to determine a protester’s intent. I’m sure nothing could possibly go wrong by leaving discretion in the hands of the MSP.
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Brian Barreira retweeted
Retired Canton police officer Peter Murphy, at 34:28-36:44 in this video, says that on that fateful morning an unnamed snow plow subcontractor heard a 4AM radio transmission report of a pedestrian being hit by a snow plow on Fairview Road. When he later asked his boss about it days later, he was told he didn’t hear that, and to never bring it up again or end up unemployed. youtube.com/live/yynPjWYM35o Was the subcontractor told that by Brendan Healy, owner of Absolute Landscaping, a Canton police officer who was promoted to Sergeant in 2024?
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Is the duty of a prosecutor simply to dig in once a decision is made to file a case, and do whatever it takes to win the case? No, the proper and ethical role of a government lawyer is to see that the law is followed, not simply to win. "Any ethical and procedural obligation of a private attorney to be fair to opponents and candid with the court is enforceable when the litigant is represented by an attorney for the government. As a United States Attorney General put it more than a hundred years ago, "in the performance of . . . his duty . . . he is not a counsel giving advice to the government as his client, but a public officer, acting judicially, under all the solemn responsibilities of conscience and legal obligations." 6 Ops. Atty. Gen. Office and Duties of Attorney General 326, 334 (1854) (Caleb Cushing to the President)." Zimmerman v. Schweiker, 575 F. Supp. 1436, 1440 (E.D.N.Y. 1983). "[C]ounsel for the government, no less than their colleagues in the private sector, are bound by the same obligations to the court. There is, indeed, much to suggest that government counsel have a higher duty to uphold because their client is not only the agency they represent but also the public at large. Cf. MODEL CODE OF PROFESSIONAL RESPONSIBILITY EC 7-14 (1981) ("A government lawyer in a civil action . . . has the responsibility to seek justice and to develop a full and fair record, and he should not use his position or the economic power of the government to harass parties or to bring about unjust settlements or results.")." Gray Panthers v. Schweiker, 716 F.2d 23, 33 (D.C. Cir. 1983).
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Look at the top of page 6 of Adam Lally's "Statement of the Case," filed June 13, 2022. Matt McCabe said that he saw Karen’s car “driving off down Fairview, heading in the same direction it had been facing while parked.” Then why didn't he see fresh tire marks or John's body? drive.google.com/file/d/1WeR…
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Why does the role of Trooper Brian Tully in the Karen Read case get so little attention from the media? Michael Proctor was fired by the Massachusetts State Police, in part for running a biased investigation, but Tully was his boss and allowed him to get away with what he was doing (and not doing, investigatively). Proctor’s reports were written to Tully. If there were investigative gaps, that was ultimately Tully’s fault (or, perhaps more likely, Tully's plan). One might think that the MSP officer in charge of Norfolk County would have noticed the lack of pictures, videos, witness interviews and chain-of-custody reports, and ask why those were missing. One would also think that Tully would have some degree of knowledge about how police stations handle preservation of their videos, especially where there is apparently a 30-day overwrite. Where there was a short deadline for retrieving any missing or deleted Ring videos from John’s house, one might think Tully would have known that deadline. Brian Tully should receive at least as much heat as Michael Proctor for the inadequate investigation. After all, Tully was involved in the case early on day 1. Tully began arranging in the middle of that afternoon for a scene search, but did not take action to secure the scene, then for some unexplained reason delayed beginning the search until 5:45 PM. Tully also arranged for Karen’s car to be towed past available MSP lots and to the Canton PD sally port, with the car arriving a few minutes before he allowed the scene search to begin. Tully then stopped the scene search after about a half hour, with not all that much evidence having been found, and again did not arrange for securing the scene. When many more taillight pieces were supposedly being “found” on various occasions in the days and weeks afterwards (all, perhaps not so coincidentally, by officers who were in the sally port when the car had arrived there), Tully never arranged for a follow-up scene search. If there was taillight planting at the crime scene, it is probably unfair to blame Michael Proctor, because Brian Tully appears to have played a much larger role. When Brian "Lucky" Loughran told Proctor about the suspicious Ford Edge he saw at 3-4 AM parked exactly where John was later found, it was Tully who decided that this information did not warrant following up on. For investigative purposes, Tully completely ignored this eye witness whose information was not only potentially exculpatory, but could have also possibly led to the Ford Edge driver as another eye witness. This is probably why the average homicide crime solve rate in the country is 50%, yet in Massachusetts it's somehow 94%; Tully had decided who was guilty, and put blinders on for any information that contradicted his knee-jerk decision on day 1 about who was going to take the fall. What should speak loudly to the media is that when a new MSP Colonel took office, one of his first actions was to remove Tully from his Norfolk County duties. The MSP Colonel unceremoniously demoted him, yet the Boston and national media barely mention the name of Brian Tully when the investigation is criticized. That needs to change, for whatever Michael Proctor did to get himself fired, he did with the implicit support of his MSP boss, Brian Tully.
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As the new trial begins, I need to state the perhaps unpopular opinion that I believe Jennifer McCabe. Yes, I do. She called 911, and when asked how long John had been out on the front lawn, she said “a couple of hours.” Thank you for your honesty, Jen.
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Isn't Jen's 911 "he's been out there a couple of hours" the antidote to the "I hit him" narrative, and maybe more so, because we can actually hear a recording of Jen saying it calmly?
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I think all of us there became Mariano Rivera fans for life.
3 Apr 2025
One of the all-time great Fenway opening day moments came in 2005 when the crowd gave Mariano Rivera a standing ovation during player intros after we finally beat him in the 2004 ALCS. The man just tipped his cap, smiled, and took it like a champ. Respect.
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Brian Barreira retweeted
Replying to @DropMicrodots
The POST Commission file on Brian Tully is now opened. Could you send these points to them? It is Complaint No. 00009567
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Three years ago today, on 1/29/22, there was a blizzard in the Boston area. People such as the world-renowned dummy @coffindafferFBI have attempted in the past to make it sound like a lot of snow had fallen before John O’Keefe was pronounced deceased, yet the blizzard had not really started until late that morning. What did Brian Tully and the Massachusetts State Police do once they were in charge of the case with a blizzard bearing down on the area --- did they secure the scene, and immediately search the area? No, they let the blizzard hit, left the area unprotected from roughly 8 AM to 5 PM, and waited until nightfall to begin their search in roughly 18 inches of snow, and that search was not begun until the supposed murder weapon, Karen’s car, had arrived via tow into the Canton Police sally port, bypassing MSP-controlled lots. The blizzard must have wreaked havoc with technology, as the MSP later recovered no pictures or video from neighbors and businesses as they would normally do, and the video eventually “retrieved” from the Canton sally port had gaps and looked like it was from a Charlie Chaplin movie. The pre-blizzard part of the storm must have wreaked havoc with the Canton police eyesight, as no taillight pieces were found in a lengthy AM scene search, and the end of the blizzard must have wreaked havoc with the eyesight and energy of the MSP search party, as they found less than 10% of the taillight pieces that were supposedly there, and left after an exhausting 30-minute search engineered by Brian Tully, who quite coincidentally had ordered the car towed to Canton. Quite fortunately, various law enforcement officers who had been in the Canton sally port when the car arrived there were able to drive by the scene in the next few days and “find” the other 90% of the taillight pieces that were supposedly there, and in what has to be a strange coincidence they didn’t find random pieces but instead they each only found pieces that were from particular portions of the taillight. These officers finding these taillight pieces in the next few days fortunately had much better eyesight than the homeowners, whose mailbox was close to where these additional taillight pieces were found, and the Canton police officer who lives across the street, and anybody else in the area who drove by or walked a dog. None of this is probably enough for an entire jury to have reasonable doubt about Karen’s guilt, but it should form the basis for even a dummy to be suspicious about what actually happened, and anybody who takes the time to read the initial police report, attached, should be able to see that the tale spun by the prosecution isn’t supported by what the initial investigators at the scene reported. drive.google.com/file/d/1zu8… Seriously, if you believe or have heard that there might have been a confession at the scene of an auto accident, you should read the initial police report, which is only 9 pages long. There were 4 police officers controlling the scene, and not one of them reported that he heard even a hint of a confession. Also, not one of the 4 police officers even reported that, based on his experience, he believed there could have been an auto accident there.
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The one part of the Karen Read case that's bugged me has been how John's phone could have ended up where it was found without leaving digital evidence that it was moved. I don't for one second buy the argument that there was a devious plan immediately put in place and somebody ran the phone out to the front yard at 12:32am. Therefore, I just googled "how to avoid having my cell phone record steps," and the AI response was: "To avoid having your cell phone record your steps, you need to disable location services on your phone, review and manage app permissions to restrict which apps can access your movement data, and specifically turn off step tracking within your fitness tracking app (like Google Fit or Apple Health) on your device settings." So there's the answer to my concern; anybody who wanted to move the phone secretly could have googled for this info and taken these steps before moving the phone to its desired location.
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Brian Barreira retweeted
25 Oct 2024
Only one religion is right but I won't say which one because I want you to figure it out by hating and killing each other while I watch.
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Brian Barreira retweeted
Julie, your interpretation skills seem to be off-kilter. Trying all day and all night to make friends through the twitter machine may not be good for your blood pressure. It could be time for you to find a nice empty-nesters book club to calm you down.
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By not determining whether the Karen Read jury had reached acquittal decisions on any of the counts, and apparently just ignorantly declaring a mistrial on all 3 counts, Judge Beverly Cannone seems again to have displayed judicial incompetence. For her overall conduct on the case, she seems to have violated SJC Rule 3.09 mass.gov/supreme-judicial-co…. In particular, she seems to have violated 1.2, in not promoting confidence in the judiciary; 2.2, failure of impartiality and fairness; 2.5(A), not performing her job competently and diligently; 2.8(B), not being patient, dignified and courteous with the defense; and maybe 2.15(B), if she didn't file an ethical complaint against Greg Henning about his uncorrected lie to the court that Chloe had no prior violence history. Her conduct seems to warrant a complaint with the Commission on Judicial Conduct: mass.gov/forms/massachusetts…

I also find it hard to believe that Judge Cannone is corrupt, but I do believe that she could be an example of the Peter Principle, which suggests that people are promoted to their level of incompetence. Her denials of access to phone records of Jennifer McCabe and the deceitful butt-dialing Brians, as well as hearing a motion about potential public release of letters between federal and state entities without having read the letters or even having them in front of her, seem to me to be examples of judicial incompetence.
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Now Judge Beverly Cannone has added onto her impressive list of not-so-great decisions in the Karen Read case by ordering impoundment of the names of the jurors, claiming without evidence that there is “a real and present risk of personal harm to the jurors and to the integrity of their service,” but the harm seems to be a factual concoction from the recesses of her own mind, and it seems more likely that she just doesn’t want the press to interview them. Judge Cannone further renders the conclusion that “there is a risk of immediate and irreparable injury,” but perhaps she is referring to her own reputation. If the jury had made decisions on 2 of the 3 counts, how on earth does any judge even slightly worthy of sitting on the bench let that somehow slip through the process and ignorantly order a mistrial on all 3 counts? Judge Cannone cited a 2015 Supreme Judicial Court case in her ruling but seems to have missed its central point, which is that “impoundment is always the exception to the rule, and the power to deny public access to judicial records is to be strictly construed in favor of the general principle of publicity. … Access to information about the operation of the administration of justice, including information about jurors who render justice, promotes confidence in the judicial system by, among other things, providing an independent nongovernmental verification of the impartiality of the jury process[.]” This Cannone ruling does exactly the opposite of providing confidence about the administration of justice. It seems to have been a self-preservation impoundment ruling.
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I believe that Jennifer McCabe, on reddit under jm055421, has revealed what the prosecution will be proposing as the cause of John's head wounds: the fire hydrant, and bird poop on it: "I think some of JO's injuries were caused contacting the fire hydrant. Look closely at JO's head wound and think outside the box. On the left above the deep impact laceration, you can see two pink thin lined "J " impressions on the skin. A smaller "J" is on the right of the larger "J." The next to small "J" are two connected small cloud looking circles toward the top center of the impact wound. Looking closely at the crime scent fire hydrant photo, both "Js" could be partial impressions of the hydrant's small gaps/creases. You will also notice the crime scene hydrant photo has bird poop on it. So, the hydrant was a popular landing spot for birds, therefore the bird poop was frozen onto the hydrant. To help better understand and see how bird poop accumulates onto the fire hydrant, google search 34 fairview rd to see the fire hydrant. Due to limited crime scene photos, its difficult to exactly match where JO's head contacted the hydrant, but I think it was no higher than the center (hydrant helmet) where the bird poop begins. Let me know what you think,"
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Brian Barreira retweeted
What do you think? Looking closer at the flipped video. This was posted last night, but after valuable input from the amazing @OliviaLambo_ I pulled it down to ensure the 2016 - 2021 models did in fact have identical tail lights, which according to a fact-check they do. Thanks Olivia. I draw no conclusion but ask you, does the light in the "flipped" video appear consistent with a pristine or damaged tail light? #KarenReadTrial #KarenRead #FreeTurtleboy @DoctorTurtleboy
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Brian Barreira retweeted
Commonwealth Evidence Scam: The Sallyport video was flipped - definitive examination. #KarenReadTrial
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