Two New England true crime reporters have filed a lawsuit against Massachusetts State Police for allegedly blocking them from covering the news outside the courthouse where Karen Read’s second murder trial in the death of John O’Keefe kicked off this week.
The lawsuit stems from a court-ordered “buffer zone” to keep protesters at a distance, but the journalists allege police hassled them inside the zone even though it is not supposed to apply to those not protesting.
The lawsuit names Massachusetts State Police Superintendent Geoffrey Noble and MSP Sgt. Michael Hardman and includes two additional unnamed state troopers.
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“The Buffer Zone in Karen Read’s trial has now morphed into a ‘no journalism zone,'” the plaintiffs’ attorney, Marc Randazza, wrote on X in a post about the lawsuit. He is also representing four protesters who sued Judge Beverly Cannone earlier this week over the size of the no-protest area.
State police declined to comment, citing their policy on discussing pending litigation.
One of the plaintiffs is Michel Bryant, a true crime producer from Connecticut whose work has appeared on A&E, Hulu and Netflix. His lawyers say he was interviewing a man named John Delgado inside the buffer zone Tuesday.
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“The First Amendment is obviously sacrosanct, and the ability to report on a crime or a trial is crucial for reporters.”
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While Bryant’s lawyers say Delgado was not actively protesting, he was wearing a sticker that said, “Real Justice for John O’Keefe FKR.”
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FKR is an acronym for “Free Karen Read,” a slogan some of her supporters have used in protests outside the courthouse at past hearings.
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Two unidentified state police officers allegedly told Bryant he had to get outside the buffer zone and told Delgado his sticker has “gotta go” before taking it off his jacket.
“I don’t want to see you walking by here again,” the officer, identified only as John Doe 1, allegedly told Delgado.
Bryant, who is also an Emmy winner and a lawyer, posted a clip of the encounter to his YouTube channel, where the “Justice Served” podcast is co-hosted by Linda Kenney Baden, a high-profile criminal defense attorney and legal analyst.
Bryant told Fox News Digital he is not a “Free Karen Read person” and was covering the case like he has covered many trials over the years when the interaction took place.
“Were we arrested? No. Were we shot at, put in a headlock? No,” Bryant said. “But why can’t you walk down the public sidewalk, especially when the court order doesn’t address that issue?”
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Also on Monday, podcaster Tom Derosier of “Seeking Justice with Tom and Mike,” alleged Sgt. Hardman “verbally assaulted him.”
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“You don’t have media credentials. You’ve got to go behind the buffer zone, OK, or you’re going to be subject to arrest,” Hardman allegedly told him. “Go follow them. You’re being told right now.”
“I’m not media?” Derosier, a Massachusetts resident, asked, according to the lawsuit.
“No, you’re not,” Hardman allegedly replied.
Both men recorded the interactions and included them in court filings with the lawsuit.
“I think the reporters are probably on solid legal ground,” said Andrew Stoltmann, a Chicago-based attorney who has handled First Amendment cases in the past and teaches at Northwestern University’s School of Law.
“The judge has absolute powers in his courtroom to prevent parties or witnesses from talking about the case, but trying to gag a reporter that’s not in the courtroom is constitutionally very, very suspect for both the judge and the police officers who are trying to enforce it.”
Jury selection is underway for Read’s second trial. The first ended in a mistrial July 1 after jurors could not agree on a verdict.
She faces charges of murder, manslaughter and leaving the scene of a deadly hit-and-run for allegedly backing her Lexus SUV into O’Keefe in January 2022 and leaving him on the ground to die during a blizzard.
She has pleaded not guilty and denied the allegations, and her defense is arguing she was framed.
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