Defense Attorney Seeks Inclusion of Boston Officer on ‘Brady list’ Following Trial Testimony
A defense lawyer representing Karen read is requesting that Boston Police Officer kelly Dever be added to the “Brady List,” a crucial record of law enforcement officers whose credibility has been questioned and must be disclosed to defense teams in criminal proceedings.
The demand, outlined in a strongly worded letter to Boston Police Commissioner Michael Cox on Thursday, centers on assertions that Officer Dever’s testimony during Read’s retrial fundamentally undermined her reliability as a law enforcement professional. Attorney Alan Jackson argues that her courtroom statements have created irreparable doubt regarding her truthfulness.
Officer Dever, a Boston Police Department employee for just over two years, previously served as a patrol officer with the Canton Police Department around the time of John O’Keefe’s death. She was presented as the defense’s third witness on june 2nd.
During questioning by Jackson,Dever expressed bewilderment at her presence in court,stating,”I am put on the stand in a murder trial. I have no idea why I’m here. I have no connection to this case.” Jackson further inquired about a conversation Dever had with Commissioner Cox, where she testified Cox had offered his full support and urged her to be truthful, though she couldn’t precisely recall his phrasing.
According to a copy of jackson’s letter obtained by NBC10 Boston, Dever underwent an extensive interview with FBI agents in August 2023. During this interview, she detailed observing former Canton Police Chief Kenneth berkowitz and ATF Special Agent Brian higgins inside the secure sally port garage of the Canton Police Department on january 29, 2022 – the location where Read’s SUV was being held as evidence.
Dever reportedly told the FBI that Berkowitz and Higgins remained in the sally port for a considerable duration, a situation she found “weird” given Higgins’ involvement in the case and his access to a key piece of evidence, the SUV. At the time, she asserted the clarity of her recollection.
However, during her sworn testimony, Dever dramatically altered her account, claiming her initial observations were a “false memory.” She consistently maintained under oath that the events she described to federal agents never transpired, characterizing her earlier recollection as inaccurate and fabricated.
“It is now evident that one of two scenarios is accurate: either Officer Dever intentionally misrepresented having a false memory, or she genuinely experiences a condition prone to creating false memories,” Jackson wrote to Cox. “Irrespective,her credibility and reliability as a law enforcement officer are irrevocably compromised.”
Jackson further elaborated, stating that if Dever lied under oath, she committed perjury. Conversely, if she genuinely suffers from false memories, she is demonstrably unfit for duty as a police officer. He argued that any past or present cases involving Dever must be scrutinized in light of this compromised credibility.
The letter urges Commissioner Cox to promptly include Dever on the Brady Database and to fully disclose all data pertaining to her alleged “false memories” to the defense in any case where she is a witness or potential witness.
Jackson concluded with a stark warning: “Failure to disclose Officer Dever’s intentionally false testimony and/or her false memory condition would constitute a constitutional violation, possibly leading to severe sanctions against both the prosecution and the Boston Police Department, including the dismissal of any case she influences.”
The Brady List and its Importance: The “Brady list,” formally known as the Giglio List, stems from the Supreme Court case Brady v.Maryland (1963). it mandates prosecutors to disclose exculpatory evidence to the defense, including information that could impeach the credibility of a witness. Inclusion on the list doesn’t necessarily mean an officer is guilty of misconduct, but it requires transparency and allows defense attorneys to assess potential biases or reliability issues. The controversy surrounding Officer Dever highlights the critical importance of maintaining the integrity of law enforcement testimony in the pursuit of justice.