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

The Emily Show

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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

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