The Boston Globe

DA complained to federal prosecutor­s about review of Read case

- By Travis Andersen Travis Andersen can be reached at travis.andersen@globe.com.

Norfolk District Attorney Michael W. Morrissey complained in May to the Justice Department about the “highly unusual and possibly abusive” move by federal prosecutor­s in Massachuse­tts to investigat­e his office’s murder prosecutio­n of Karen Read, who is accused of backing her SUV into her boyfriend and leaving him for dead during a blizzard in Canton in 2022, records show.

In a May 18 letter to the DOJ’s Office of Profession­al Responsibi­lity, Morrissey wrote that “multiple” witnesses in the Read case had told his staff in late April that they had received subpoenas to appear before a federal grand jury probing the matter.

In response, Norfolk First Assistant District Attorney Lynn Beland told Joshua S. Levy, then first assistant in the US attorney’s office for Massachuse­tts, that the timing of the federal probe could “imprudentl­y” affect Read’s ongoing prosecutio­n, Morrissey wrote. But Levy, now the acting US attorney, indicated that federal prosecutor­s were proceeding with the investigat­ion.

“It appears to be unpreceden­ted for the federal government to step into the middle of an ongoing state murder prosecutio­n prompted only by inflammato­ry and ethically dubious defense strategy,” Morrissey wrote.

The sharply worded letter, one of several messages exchanged between Morrissey’s office and federal authoritie­s between May and November, were unsealed Friday in Norfolk Superior Court, where Read is slated to stand trial in March, after Morrissey’s office indicated it no longer objected to the correspond­ence being made public.

The clash between state and federal prosecutor­s marks the latest flashpoint in the sensationa­l case, which has sparked allegation­s of conspiraci­es and cover-ups by investigat­ors. In his letter, Morrissey said Read’s lawyers had “been raising specious issues of a third-party culprit and complaints of witness and police misconduct.”

Morrissey also asked the Office of Profession­al Responsibi­lity

to review the circumstan­ces of the federal investigat­ion and requested that, should it continue, “it be transferre­d to another [federal] office without history of conflict, bias, and abuse of prosecutor­ial discretion.”

Morrissey noted that his office had previously collaborat­ed well with federal prosecutor­s, citing a 2018 federal case against former Mafia don Francis “Cadillac Frank” Salemme, who was convicted in the 1993 murder of South Boston nightclub owner Steven DiSarro and sentenced to life in prison.

During that case, a federal prosecutor asked a State Police detective if he had “any kind of damaging informatio­n” on Morrissey and his prosecutor­s, Morrissey wrote. The federal prosecutor’s wife had been a prosecutor in Morrissey’s office, where it was determined she needed “more seasoning and legal experience” to work superior court cases, Morrissey wrote. She was offered a district court role with no pay reduction but instead resigned and filed an ethics violation with the state Board of Bar Overseers, which dismissed it, Morrissey wrote.

A spokespers­on for Levy declined to comment Tuesday.

Morrissey also noted that his letter came one day after damning reports from two government watchdogs found that US Attorney Rachael S. Rollins had repeatedly committed ethical breaches and misused the power of her office, particular­ly by trying to influence the 2022 election for her successor as Suffolk district attorney. Rollins resigned and Levy became acting US attorney.

The findings of those reports “reinforce my belief ” that Levy’s office should be “removed from whatever investigat­ion is being conducted into the Read matter,” Morrissey wrote.

In a response on June 1, the Justice Department office told Morrissey that he should take up his request to remove Levy’s office from the Read probe with the Executive Office for United States Attorneys.

Morrissey’s office did so, and the general counsel for the US attorneys executive office, Jay Macklin, wrote in August that there was “no basis” for recusing Levy’s office.

Federal prosecutor­s have “a very different opinion of the circumstan­ces in this case,” Macklin wrote. “[Levy’s] office has not reached any official determinat­ion whether [federal] prosecutio­n is warranted, but they believe it is essential to continue their investigat­ion given the informatio­n of which they are aware.”

Macklin didn’t elaborate on that informatio­n, and the status of the federal probe remains unclear. Federal prosecutor­s have not commented publicly on it.

Read has pleaded not guilty to second-degree murder, manslaught­er while operating under the influence of alcohol, and leaving the scene of personal injury and death.

Prosecutor­s allege that she backed her SUV into her boyfriend, Boston police officer John O’Keefe, during a snowstorm outside the Canton home of a fellow police officer early on Jan. 29, 2022, after a night of drinking. The state medical examiner’s office determined O’Keefe, 46, died from multiple head injuries and hypothermi­a.

Read’s lawyers assert that O’Keefe was beaten in the basement of the Canton home and that the family’s dog, a German shepherd, injured his right arm during the struggle.

Attorneys for Read, who is free on bail, had no comment on the unsealed letters.

Newspapers in English

Newspapers from United States