A legal battle over access to the private text messages of fired State Trooper Michael Proctor continues, as defense attorneys for five defendants connected to murders in Norfolk County argue the messages could contain exculpatory evidence.
The Norfolk County District Attorney’s office has been in possession of Proctor’s phone data, which was downloaded by federal authorities during their investigation into the Karen Read case. However, prosecutors are refusing to review or release data that may exist from other cases, citing a federal protective order.
The ongoing dispute took center stage in a Dedham courtroom today, where defense lawyers for five separate murder cases are demanding access to the file. They believe Proctor, who made crude and biased remarks about Read, may have made similarly harmful statements about their clients.
Among the defendants seeking the messages is Brian Walshe, who is accused of murdering and dismembering his wife, Anna, in Cohasset, in 2023. Another is Myles King, charged with the 2021 murder of Marquis Simmons in Milton.
A Norfolk County prosecutor told Judge Krupp that her office will not search Proctor’s phone data until a federal judge gives them approval.
The Norfolk D.A.’s office filed a request in Federal court Monday seeking guidance and to delay a federal destruction order for Proctor’s phone records. The feds had ordered Proctor’s data to be destroyed next week.
“I believe reviewing the documents in this context would be a violation of a federal court,” the prosecutor said.
However, defense attorneys are arguing that the prosecution has a legal obligation to review the evidence. Attorney Rosemary Scapicchio, who represents Myles King and another defendant, told Investigative Reporter Ted Daniel that the texts should have been turned over long ago.
“The defendant’s right to a fair trial, especially in a homicide case... trumps everything,” Scapicchio said. “The Commonwealth has an obligation under Rule 14 to investigate this case, to look at the evidence, and turn over anything that’s exculpatory.”
Scapicchio is also pushing for additional communications Proctor may have made that were not captured in the federal download of his I-cloud. His lawyer, Daniel J. Moynihan, told the court that Proctor got a new personal phone in February 2024, and it would not contain information relevant to the homicide cases.
The legal battle is set to continue on Thursday when all parties will return to court.
Download the FREE Boston 25 News app for breaking news alerts.
Follow Boston 25 News on Facebook and Twitter. | Watch Boston 25 News NOW
©2025 Cox Media Group
/cloudfront-us-east-1.images.arcpublishing.com/cmg/7QOJU3BNCJERBNKJC5LWTBYFLU.png)
