Motion in latest “Turtle Boy” hearing denied by judge in Norfolk Superior Court

DEDHAM, MA – A judge ruled today in Norfolk Superior Court against a motion by Special Prosecutor Ken Mello to restrict the way journalist Aidan “Turtle Boy” Kearney communicates from jail along with a request to monitor his conversations with his attorney. Also denied was a request for Kearney’s attorney Tim Bradl to pay $10,000 in monetary sanctions.

The motion comes after it was disclosed that one of the individuals Bradl listed as an attorney on the list of people who call Kearney in jail was not an actual attorney. The distinction allowed for phone calls between Kearney and the individual to not be monitored by the jail.

According to Mello’s affidavit, there were over 60 phone calls between Kearney and the individual but in the hearing, Mello stated the number was only 6. Bradl insisted that he made an honest mistake and that he thought the individual was an attorney.

Mello insisted Bradl deliberately listed the individual as an attorney so that Kearney could conspire with the caller to continue an alleged pattern of intimidation and harassment of witnesses in both the Karen Read case and his own witness intimidation cases.

Kearney was out on bail after being arraigned on December 22nd on multiple counts of witness intimidation, picketing a witness and conspiracy. His bail was revoked on December 26th after an ex-girlfriend accused him of pushing her onto a couch. Kearney was charged with assault and battery on a family member and intimidation of a witness in that case, as the alleged victim is a supposed witness in the first case.

In the hearing that took place in Norfolk Superior Court last Friday, however, Mello contended that because of Attorney Bradl’s miscategorization of the caller, not only should Bradl be fined $10,000, but the communications between Kearney and his attorney be monitored by the court.

The request, which both Mello and Judge Debra A. Squires-Lee deemed “extraordinary and unprecedented”, backhandedly suggested that Bradl was allowing a third party to sit in on his calls with Kearney, thus circumventing the rules surrounding privileged phone calls.

For good measure, Mello also asked the judge to restrict Kearney from communicating with anyone other than his children. Currently, Kearney “all-day access” to the telephone as well as a messaging application on a tablet.

Judge Squires-Lee took the matter under advisement over the weekend and issued a judgement today on the matter, denying the motion presented by Mello on behalf of the Commonwealth. You can read the complete decision here.

Attorney Bradl issued the following statement to Fall River Reporter this afternoon:

“We appreciate the hard work the judge put into the hearing and the ruling. We look forward to litigating the remainder of the issues, focused on the publication of our personal information and the request for an order to show cause against the prosecutor.”

Reached by Fall River Reporter this afternoon, Attorney Mello said he has no comment at this time.

Read up on last Friday’s hearing here.