MEMORANDUM OF DECISION AND ORDER ON COMMONWEALTH'S MOTION FOR RECORDS FROM DOCKETS 2482CR00043 AND 2382CR00313 AND SPECIAL ASSISTANT DISTRICT ATTORNEY ROBERT COSGROVE [Dkt. 546]

Accordingly, the Motion is ALLOWED IN PART such that the Court Orders the Norfolk County District Attorney's Office (specifically, Special Assistant District Attorney Robert Cosgrove) to produce from the two previously identified cell phones that were obtained through search warrants in connection with the two criminal cases currently proceeding against Mr. Aidan Kearney (Commonwealth v. Aidan Timothy Kearney, 2482-cr-0043 and 2382-cr-0313):

"Any and all evidence of communications between the Defendant and Mr.Kearney concerning:

  1. Communication between Mr. Kearney and any witness or family members of a witness involved in murder of John O'Keefe, to include but not limited to Matthew McCabe Jennifer McCabe Brian Albert Christopher Albert Colin Albert, Juliana Albert, Michael Proctor and Elizabeth Proctor from April 8th 2023 to October 5th 2023;

  2. Pictures or videos depicting evidence of intimidation of a witness of any witness or family members of a witness involved in murder of John O'Keefe, to include but not limited to Matthew McCabe Jennifer McCabe Brian Albert Christopher Albert, Colin Albert, Juliana Albert, Michael Proctor and Elizabeth Proctor from April 8th 2023 to October 5th 2023;

  3. Data evidencing dissemination of data depicting evidence of Intimidation of a Witness of any witness or family members of a witness involved in murder of John O'Keefe, to include but not limited to Matthew McCabe Jennifer McCabe Brian Albert Christopher Albert, Colin Albert, Juliana Albert, Michael Proctor and Elizabeth Proctor from April 8th 2023 to October 5th 2023;