The Fight for Proctor's Phone Data & The Federal Protective Order Dilemma | Case Brief
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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Kouri Richins Jury Foreperson Speaks. Plus what we didn't see at trial. | Case Brief

Kouri Richins Jury Foreperson Speaks. Plus what we didn't see at trial. | Case Brief

Try Gusto today at https://gusto.com/edb and get three months free when you run your first payroll. Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtu.b...

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Swift Verdict in the Kouri Richins Trial | Case Brief

Swift Verdict in the Kouri Richins Trial | Case Brief

Try Gusto today at https://gusto.com/edb and get three months free when you run your first payroll. Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtu.b...

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The Fight For Evidence That Might Favor the Defense. Jury Instruction Conference | Case Brief

Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtu.be/nxUlo6ud87w  Trial Day 14 in the Kouri Richins trial, but with the jury out, the focus shifts to t...

14 Mars 15min

More Arguments Over State’s Final Witness. A Day of Rests? | Case Brief

More Arguments Over State’s Final Witness. A Day of Rests? | Case Brief

Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtu.be/m0dMgoQpU90  Day 13 brought an unexpected end to the evidentiary phase of the Kouri Richins trial....

13 Mars 21min

“Walk The Dog” Letter Read! Court Battle Over Carmen Lauber’s Statements | Case Brief

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Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtu.be/RlvZEyOwrUI  Day 11 of the Kouri Richins trial had the state anticipates calling Detective Jeff O'...

12 Mars 43min

Court Ends Early Amid Evidence Arguments. What comes next? | Case Brief

Court Ends Early Amid Evidence Arguments. What comes next? | Case Brief

Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtu.be/jSYcKO7I1vo  Day 11 of the Kouri Richins trial was dominated by intense legal arguments as the pro...

11 Mars 30min

The PI isn't backing down. Eric's Business Partner Testifies & What did Amy Tell Police? | Case Brief

The PI isn't backing down. Eric's Business Partner Testifies & What did Amy Tell Police? | Case Brief

Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtu.be/an9wAXphI-E  Day 10 of the Kouri Richins murder trial! The prosecution is nearing the end of their...

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Betrayed Bestie Testifies. Wild Recorded Calls. Don't eat what Kouri Gives Ya? | Case Brief

Betrayed Bestie Testifies. Wild Recorded Calls. Don't eat what Kouri Gives Ya? | Case Brief

Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtu.be/v5Rs-jPBW88  Day 9 of the Kouri Richins trial delivered explosive testimony, highlighted by Kouri'...

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