The Emily Show13 Aug 2025

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

Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtube.com/live/dpvMV9XQhOs 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 Learn more about your ad choices. Visit podcastchoices.com/adchoices

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Episoder(436)

The D4VD Preliminary Hearing. What we didn’t know and what happens next. | The Emily Show

Get 15% off OneSkin with the code LAWNERD at https://www.oneskin.co/lawnerd #oneskinpod #ad Get 40% off select Lola Blankets products at https://Lolablankets.com with code LAWNERD at checkout. Experi...

27 Jul 44min

Karen Read Wrongful Death Case: Judge’s Discovery Order & Status Conference | Case Brief

Go to https://incogni.com/EMILY and use code EMILY to get 60% off annual plans. Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtu.be/vBsUzuAjj6s Th...

24 Jul 31min

State’s Response to Sarah Boone’s Appeal | Case Brief

Go to https://incogni.com/EMILY and use code EMILY to get 60% off annual plans. Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtu.be/GE1wZT_PDjE Th...

23 Jul 40min

Karen Read Cellphone Hearing: Can Special Prosecutor Cosgrove Be Disqualified? | Case Brief

Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtu.be/Q6X5fgMQG2k During a July 13, 2026, criminal court hearing, defense attorney Alan Jackson argued ...

20 Jul 27min

Karen Read Hearing: Major Updates on Colin Albert's Deposition and Medical/Financial Records Dispute

Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtu.be/Q6X5fgMQG2k During a July 10th court hearing, the court addressed two primary motions regarding d...

17 Jul 23min

Karen Read Wrongful Death Case: Emergency Motions About Proctor’s Deposition | Case Brief

Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtu.be/Q6X5fgMQG2k In the Karen Read wrongful death case, the court denied Read’s emergency motion to re...

16 Jul 32min

Reckless Ben Lego Case, Huge Update. D4VD back in court.

Save 20% off Honeylove by going to https://honeylove.com/LAWNERD ! #honeylovepod #ad The Emily Show provides updates on several high-profile legal cases, beginning with the David Burke (d4vd) speci...

13 Jul 27min

Alex Murdaugh Claps Back at Becky Hill’s Motion to Dismiss | Case Brief

Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtu.be/a2-nRldN-jo This Case Brief involves a civil lawsuit filed by Alex Murdaugh against former clerk ...

10 Jul 46min