Canton Coverup Part 313: Research Shows Massachusetts Is The Only State Whose Witness Intimidation Statute Says You Can’t Cause Emotional Or Financial Harm To Witnesses

 

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The Norfolk County DA’s Office hasn’t been shy about weaponizing the witness intimidation statute to silence critics of Michael Morrissey, the State Police, and the McAlberts. I am currently being charged with 9 counts of felony witness intimidation for my activism and journalism, but the Canton 9 are also still facing potential charges for holding a peaceful protest outside of D&E Pizza in early November. We contend that the statute itself is unconstitutional because it violates the First Amendment. Specifically it says that it is a felony to “attempt or cause physical, emotional, or economic harm” to anyone who is a witness, potential witness, cop, juror, corrections officer, clerk, family member of a witness, and a bunch of other people who qualify.

Every single witness I’m charged with intimidating has used the emotional or financial harm provision of the law. Colin Albert claims I made him sad. Chris Albert says I cost him business and got 50 people a day to call in orders for pizza and not pick them up. Jennifer McCabe says her kids are embarrassed and picked on at school because their mother is a cop killer. Michael Proctor says he got annoying phone calls after I shared his number from a public court document on a live show. Lizzie Proctor’s employer had to turn off comments on their Facebook page for 24 hours after getting negative reviews due to her behavior.

Not one of these “witnesses” claims I ever threatened physical violence on any of them. Not one of them can claim that I tried to stop them from testifying, or encouraged them to alter their testimony. I’m on record repeatedly urging everyone to tell the truth. They all just say that my free speech and activism made them sad and depressed, so now I’m charged with a felony, and so is anyone else who makes them sad or uncomfortable.

Emotional harm is completely subjective. It’s left up to the individual to decide how hurt they are by another person’s words, and the police have no way to determine if they are being genuine. Throughout his testimony Chris Albert told police that I caused him emotional and financial harm. He knew the buzzwords to say, making it obvious he was coached to repeat these lies. How do we know that Colin Albert is sad? Because he says so? You’re allowed to make people sad in a free country. You’re allowed to boycott business and cause economic harm in a free country. These are not felonies, they’re acts of freedom.

But witness intimidation statutes do have a reason to exist. Witnesses in criminal cases shouldn’t be afraid to testify, and people who use the threat of violence to alter the testimony of witnesses should be charged for doing so. Our entire legal system depends on truthful testimony from witnesses. All 50 states have some sort of witness intimidation statute so I decided to research them to find out if any of them had provisions that made it a crime to cause emotional and/or financial harm to witnesses. As it turns out we are the only state does, and our statute has by far the most words in it.

In Connecticut you have to threaten physical violence against a witness.

 

In Rhode Island you have to threaten to commit an unlawful act or cause physical injury to a witness.

 

I’m being charged with witness intimidation against Elizabeth Proctor, who is not a witness in the Karen Read case. She’s just the family member of the lead detective. In no other state would the witness intimidation statute apply to her. In states like Washington there has to be a direct threat or communication with the intent to use force against a witness because of their role in a criminal proceeding. 

Lizzie Proctor has no role in a criminal proceeding.

In Arizona you have to threaten a witness or offer them a bribe to change their testimony to be guilty of witness intimidation.

 

Keep in mind, both Jennifer McCabe and Chris Albert were denied HPO’s against me because judges ruled that my speech was not considered harassment, due to the fact that there were no true threats. In Colorado there has to be a threat, act of harassment, or act of harm or injury.

 

In Maine there has to be use of force or intimidation.

 

In Vermont there has to be threats or force against a witness, or the intentional damage of a witness’ property.

 

In New Hampshire it’s called witness tampering, and you are only guilty of it try to get a witness to testify falsely or offer a witness a bribe for favorable testimony.

 

In Missouri there has to be a threat to cause physical harm or force.

 

In Illinois you have to forcibly detain a witness or threaten them with injury or property damage.

 

In Indiana you have to communicate a threat.

 

In Virginia you have to use threats or force against a witness.

 

In South Carolina there was to be a threat or force to a witness, and like every other state does not have a provision for “family member of a witness.”

 

In North Carolina there has to be threats or menacing with the purpose of intimidating a witness.

 

In Georgia there has to be a physical force or threat.

 

In Texas, a state with a reputation of being tough on crime, you are only guilty of witness intimidation of you intend on influencing a witness, offer a witness a bribe, or try to coerce a witness to give the testimony you want. There is nothing about emotional, financial, OR physical threats.

 

In Florida you must threaten or use physical force against a witness.

 

In Maryland you have threaten or force a witness in order to influence their testimony.

 

In California there is no mention of threats, physical harm, emotional harm, or financial harm. You are only guilty of witness intimidation if you try to get a witness not to testify.

None of the “witnesses” in my case are even alleging that I’m trying to get them NOT to testify. I’m on record saying I want them to, because it would be so damning for the Commonwealth if they did.

In Ohio there must be a threat of harm to a witness.

 

In Michigan you cannot offer a gift or anything of value to a witness.

Julie Albert offered Michael Proctor a gift specifically as a thank you for the job he did investigating John O’Keefe’s murder, on the same day Karen Read was arrested for manslaughter.

In Wisconsin there must be force, violence, injury to property, or the threat of any of those things.

 

Minnesota’s statute says the words “force” and “threats of injury” 5 times.

 

In Pennsylvania you just commit an offense with the intent to prevent a witness from testifying truthfully.

 

In New Jersey there is nothing about force or threats, never mind emotional/financial harm. You simply are not allowed to engage in contact that a reasonable person believes would cause a witness to testify falsely.

 

Same with Tennessee.

 

In New York there must be a threat of physical injury on a witness.

Massachusetts is the only state in the country where my actions could possibly be considered witness intimidation by law enforcement. All of my protests and comments on YouTube shows are protected by the First Amendment, and not once have I ever suggested that anyone should change their testimony. Not a single witness is claiming I threatened to cause physical harm to them. Not one. They are all alleging emotional or financial harm, because it’s a loophole they’re exploiting to try to criminalize protected speech from an award winning journalist exposing government corruption.