Karen Read’s Protesters’ Appeal Against Canton Police Denied by Federal Court

A group of “Free Karen Read” protesters who sued Canton police after being warned they would be arrested for witness intimidation have had their appeal rejected by a federal court.

Supporters of Read — who is charged with murdering her boyfriend John O’Keefe and other counts — had filed a First Amendment lawsuit against Canton police and city officials over their enforcement of Massachusetts witness intimidation laws.

Before Read’s first trial, which ended in a mistrial, began, protesters gathered across the street from witness Chris Albert’s business. During that time, Canton police drove past the protesters several times before saying that if Councilman Albert could see the protest, they would be arrested for witness intimidation.

Two days later, protesters filed a lawsuit against Canton police and city officials.

“The complaint alleged that appellants feared prosecution for their actions at a November 5, 2023, protest and that their speech would be dampened compared to a protest planned for November 12, 2023,” the U.S. Court of Appeals for the First Circuit wrote in its decision this week.

Then, a day after filing the complaint, the protesters requested an emergency measure, demanding that “the unconstitutional acts of the defendants…be immediately enjoined by a temporary restraining order, converted to a preliminary injunction.”

The county police and municipal authorities opposed the motion, and the district court eventually rejected the protesters’ motion.

The protesters then filed a complaint with the federal appeals court.

“The appellants appealed on December 10, 2023, the denial of their emergency motion,” the federal appeals court wrote. “We dismiss that appeal, which concerns only the denial of the emergency measure, as moot.”

“We remand the case to the district court for appropriate further proceedings, noting that the case in the district court has not been dismissed and that no discovery has yet occurred,” the federal appeals court added.

The trial centers around the Read saga, which involves the death of O’Keefe, a Boston police officer. Protesters are alleging police corruption and a cover-up.

Read has been charged with O’Keefe’s murder, vehicular manslaughter and leaving the scene of a crime to cause bodily harm or death. Her lawyers have argued there was a third-party killer and that she was framed.

At Read’s first trial, Chris Albert and other witnesses testified. Albert is a Canton elected official and his brother is Brian Albert, who at the time of O’Keefe’s death owned 34 Fairview Road, where O’Keefe was found. Albert’s other brother is Kevin, a Canton police detective who was recently disciplined following an investigation into allegations of misconduct.

The pretrial protesters gathered across from Albert’s business, D&E Pizza, to “protest what they believed to be perjury,” according to the protesters’ complaint filed in federal court.

As protesters urged Albert to “tell the truth and not give in to pressure to lie,” four Canton police officers repeatedly walked past them.

The police then “arrested and informed the protesters that they were not allowed to protest at that location because if Chris Albert could see the protest, they would consider it ‘witness intimidation’ and (the appellants) would be arrested.”