WEBVTT
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Caalaroga Shark Media.
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Good morning.
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I'm Garrett Fisher, and this is Daily Crime and Justice
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for Monday, June eighth, twenty twenty six. Three stories today,
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and all three of them put a badge in the frame.
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In Lenote County, Arkansas, a judge has dismissed the second
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degree murder charge against Aaron Spencer, a father and a
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candidate for sheriff, who admitted to shooting and killing the
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man accused of abusing his daughter. The case fell apart
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not on the facts, but because law enforcement lost a
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piece of evidence. In Boston, officer Nicholas O'Malley has pleaded
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not guilty to killing a carjacking suspect named Stevenson King Junior,
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and the attorney defending him is the same lawyer who
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defended Karen Reid. And Karen Reid herself is back with
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a new lawsuit against the Massachusetts State Police and the
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Town of Canton that drags two officers alleged private messages
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into the public record. Look, I'm going to be honest
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with you. The first story today is going to test
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how you feel about the law itself, about what we
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owe a child the system failed, and what we owe
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to the idea that a killing gets decided in a
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courtroom and not on the side of a road. The
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second one asks the question this country never stops asking
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when a man with a badge pulls the trigger, did
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he have a choice or did he make one? And
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the third the third is about the words people write
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when they think no one's ever going to read them.
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Some of those words are hard to say out loud.
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We're going to talk about why they matter anyway. It
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starts with a girl. I'm not going to tell you
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her name, and I'm not going to pin a number
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on her age. She's a child, and the one mercy
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this story can still hand her is that she gets
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to be more than the worst thing that was done
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to her.
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So here's what we know.
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In the summer of twenty twenty, for a sixty seven
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year old man named Michael Fossler was arrested and charged
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with a stack of sexual offenses against her. Court records
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described dozens of charges, including rape and internet stalking of
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a child, and then, despite all of that, despite a
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no contact order that was supposed to keep him away
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from her, Michael Fossler was released on bond. He was
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out and the order that was meant to be a
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wall between a grown man and the child he allegedly
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hurt turned out to be a piece of paper. On
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the night of October eighth, twenty twenty four, Aaron Spencer
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and his wife woke up and their daughter was gone,
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not in her room.
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Gone.
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They called nine one one, and then they did what
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I suspect a lot of you listening would do.
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They didn't wait.
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They got in the truck and they went looking. Spencer
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drove the roads around his home until he found her
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in the passenger seat of Michael Fossler's vehicle, the man
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under the no contact order out on bond, driving around
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in the dark with the child.
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He was accused of abusing.
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What happened next, Aaron Spencer has never denied he forced
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the truck off the road. There was an altercation, and
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he shot and killed Michael Fossler then called nine to
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one one and reported that he shot his daughter's kidnapper,
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that he had no choice. He was charged first with
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first degree murder, later reduced to second degree. He pleaded
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not guilty. His defense was simple, I was protecting my child.
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And here is where this story turns into something else.
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Entirely because last Thursday, weeks before this was supposed to
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go in front of a jury, a judge threw the
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whole thing out, not because twelve people waited, not because
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Aaron Spencer was acquitted, because the police lost the evidence.
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There was a dash camera inside Fossler's truck. It may
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have recorded the entire altercation, the one thing every side
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in this case wanted to see. And according to court records,
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a detective with the Lenoke County Sheriff's Office pulled that
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camera out of the truck and then did just about
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everything wrong. Didn't log it into evidence right away, stored
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it in his personal office instead of the evidence room,
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let the battery drain, which reset the camera back to
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its factory settings, and by the time it reached the
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Attorney General's office for a forensic exam, the memory card,
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the SD card that was inside it when it was collected.
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Was gone missing.
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The judge, Special Circuit Court Judge Ralph Wilson Junior, did
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not soften it. He wrote that dismissal is his phrase,
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an extraordinary and extreme remedy, and then he granted it anyway,
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finding that the conduct by law enforcement was quote so
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egregious that dismissal of this case is warranted. Sit with
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what that means. The one piece of footage that might
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have told us definitively what happened on the side of
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that road, whether Fossler lunged, whether this was the self
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defense Spencer described, or the planned killing prosecutors alleged, we
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are never going to see it because the same kind
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of institution Aaron Spencer is now running to lead couldn't
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keep track of a memory card.
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Now.
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I want to be careful here because this is the
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part where it would be easy to make you feel good.
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And lie to you a little.
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There's a version of this story that's pure catharsis the
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dad who did what the system wouldn't, the predator who
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got what was coming. And I understand the pull of that.
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I feel it too. A man accused of dozens of
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sex crimes against a young girl was let back out
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onto the street and a father found him in a
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car with that child in the middle of the night.
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If you're a parent, your body has already finished this sentence.
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But here's what I owe you. The system failing that
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girl does not automatically make everything that followed right, and
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a man being killed before he ever stood trial means
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there are now two questions that will never get answered
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in a courtroom. What Michael Fossler did to that child
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and what exactly happened on that road. Both things can
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be true. A father can be fierce and terrified and
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full of love, and the rule of law can still matter.
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And a case this serious deserved to be decided by
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people in a jury box, not closed. Because a detective
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treated crucial evidence like junk mail, that's not a small failure.
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That's not a mistake. When you don't log evidence in
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a homicide, when you take it home and let it
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die in a drawer, that's a choice made by someone
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who didn't think the rules applied to him. Aaron Spencer
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is today a freeman. He's his party's nominee for Sheriff
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of Lenochi County on the ballot this November, with a
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real chance of running the very department that arrested him.
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His attorney, Aaron Cassanelli, said, no member of this family
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should ever again have to walk into a courtroom and
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relive this, And on the human level, I hear that.
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But a dismissal is not an exoneration. The questions didn't answered.
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They got buried, buried under the incompetence of the people
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whose entire job was to find the truth. Nobody was
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watching the evidence, nobody was watching the bond hearing that
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put Fossler back on the street, and a thirteen year
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old girl is the one who paid for all of it.
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On Thursday, a thirty four year old Boston police officer
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named Nicholas O'Malley stood in a courtroom and pleaded not
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guilty to charges that.
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He unlawfully killed a man.
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Let me walk you through it, because there are two
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very different versions of this story, and the truth is
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going to live somewhere in the space between them. Back
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in March, O'Malley was called out to investigate a carjacking.
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He and another officer found the stolen vehicle. They approached
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it and told the driver, a man named Stevenson King Junior,
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to shut off the engine and show his hands. And
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here's a detail both sides agree on. King did show
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his hands. After that, the accounts split apart. Prosecutors say
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King then refused to unlock the car and backed it
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into O'Malley's police cruiser, which they're careful to point out
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was empty at that moment, nobody inside, and as King
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was executing what the prosecutor called a three point turn
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to drive away, O'Malley fired three shots into the driver's
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window and door. All three hit King, at least one
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of them killed him. The assistant state attorney Ian Pollenbaum
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told the court that O'Malley was quote not acting in
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reasonable defense of himself, the other officer, or the public,
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and he called the shooting excessive. O'Malley had told investigators
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he fired because he feared for the safety of the
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second officer. Prosecutors say the rest of the evidence contradicts that. Now,
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the defense, and this is where it gets interesting, because
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the attorney standing next to Officer O'Malley is a name
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some of you are going to recognize, David Yanetti, the
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same David Yanetti who defended Karen Reid through both of
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her criminal trials. Yanetti looked at the prosecution's account and said,
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in so many words, that it had been sanitized. He
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told the court a different story. A mother in Roxbury
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picking up her daughter, attacked by a violent carjacker who
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got into her car, punched her in the face, ordered
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her out and stole the vehicle. Yanetti concedes King raised
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his hands, but he says, King then hid them again,
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ignored in Yanette's phrasing, lawful.
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Order after lawful order, after lawful order.
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And then smashed that stolen car into a police cruiser
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with quote no care in the world about who he endangered.
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Yanetti's bottom line, he left officer O'Malley no choice. So
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you've got two stories, an officer who fired three rounds
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into a car that was driving away from him, or
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an officer facing a man who'd already committed one violent
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crime and was using a two ton vehicle as a
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weapon to commit another. I'm not gonna tell you which
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one is true, because I don't know, and neither does
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anyone outside that investigation. Yet what I can tell you
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is this, Stevenson King Junior was never tried for that carjacking.
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He was a suspect, and now he's dead and he
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doesn't get to answer for himself either. And Nicholas O'Malley
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has pleaded not guilty, and he is entitled to the
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presumption of innocence, same as anyone else who walks into
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that courtroom. O'Malley was released without cash bail on his
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own recognizance, but he had to surrender every firearm to
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the Boston Police Department, and he's barred from contacting any
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civilian witness. He's due back in court on July twenty
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third for a pre trial conference. We'll be watching that
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one when we come back. Karen Reid is back in
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the headlines, and this time the bombshell isn't about what
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happened the night John O'Keeffe died. It's about what two
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investigators were allegedly saying to each other in private for
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a decade, and some of it is genuinely hard to
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read out loud. Stay with me, Welcome back to Daily
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Crime and Justice. I'm Garrett Fisher, and if you've been
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with us a while, you do not need me to
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reintroduce Karen Reid.
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We followed this one from the beginning.
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Two criminal trials, a hung jury and acquittal, and a
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tangle of civil lawsuits we walked through back in April.
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Quick refresher for anyone just joining us. Reid was accused
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of killing her boyfriend, Boston Police officer John O'Keefe, who
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was forty six years old. Prosecutors said she hit him
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with her SUV and left him in the snow. She
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always said she was framed. Two trials later, she was
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acquitted of murder, and ever since the fight has moved
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into civil court, where there are now lawsuits flying in
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just about every direction. On Thursday, Reed's attorneys opened a
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brand new friend. They filed a lawsuit not against the
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witnesses this time, but against the institutions, the Massachusetts State
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Police and the Town of Canton. The legal theory is
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negligent hiring, training, and supervision. The argument that these departments
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put quote, biased and corrupt officers in positions of power,
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and in doing so, violated Read's constitutional rights. The suit
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doesn't name individual officers as defendants, but make no mistake
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about who it's about. It's about two men, Michael Proctor
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and Sean Good. You'll remember Proctor. He was the lead
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investigator on the O'Keefe case for the State Police, and
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at Reid's first trial he had to sit on the
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witness stand and admit under oath to text where he
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called her a whack job and a nutbag and worse.
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Those texts helped blow the case wide open. Sean Good
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is a name we haven't spent as much time on
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a sergeant in the Canton Police Department who was also
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part of the investigation. According to Reed's lawyers, the two
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of them have been friends since high school. And here's
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the heart of the new complaint, which Court TV says
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it has reviewed. The lawsuit alleges that Procter and Goods
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spent roughly a decade sending each other and a circle
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of like minded friends written and recorded messages that the
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suit describes as establishing quote entrenched and unrepentant hatred for women,
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for Black Americans, for Asian Americans, for Jews, for Hispanics.
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For Arabs, and for gay people. I'm not going to
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read you those messages.
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Some of them are quoted in the complaint, and I've
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read them and they are exactly as ugly as that
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description promises, racial slurs, a comment praising Hitler, and in
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one message about a traffic accident involving a black man,
243
00:13:45.440 --> 00:13:47.960
a line telling a colleague to take his time getting