What Will Deposition In Karen Read Civil Case Reveal?

[Music] Karen Reed well her retrial is set for January but as of now there's going to be another one we don't know when yet a civil case being brought against her unless of course it settles we don't know what exactly if that will happen joining me to discuss the civil case being brought against her by the family of johon O'Keefe Bob ma defense attorney host of the podcast defense Diaries any surprised that a civil case being brought by the family on this no not at all um you know I know there's chatter on both sides of the thing but sure I mean the one thing that was evident from that trial that was like Crystal Clear is that Karen Reed drank a lot at that bar you know and I mean like that drram shop laws exist for a reason which is essentially that look you know if you overs serve your customers and they go out and injure somebody that you're going to be on the hook and so yeah I'm not surprised I I have a feeling it was filed now because the statute of limitations was getting close to running which is I believe in Massachusetts 3 years um I guess the only part of it that's that's interesting is that they they also include Reed and there basically coming after her for you know what they consider to be perpetrating this fraud yeah in terms of bringing forth this conspiracy theory that they say has caused them uh massive emotional distress yeah you know and all that's after the fact you know like it has nothing to do with the murder it's like look you participated in this whether you started it or not or just went along with you know nut boy uh you know that wanted to go and rally a bunch of people up for his own narcissistic well-being um you you didn't call this down you didn't do anything responsible of like hey let's not attack family members these are his family thousand she could have said because it wasn't like she was shying away from the media right that like 100% I mean like so I mean the suit could have legs yeah you know it's like you never know with with like dram shop and and and the kind of the intentional infliction of emotional distress charge is is or count um you know th those can be tough to prove what's really going to be interesting is that that both sides of this get to uh do discovery which in a civil case means you get to have depositions and depositions are typically no holds bar now that doesn't mean that you're not going to have your attorney there and then then you know they can object to questions but typically in when I'm doing a depth if I have my client asked an objectionable question I'll say okay well I'm going to object but I still allow them to answer sometimes depending on what it is and if it gets to the point where you object and the other says all right well you know I want to certify the question because I'm going to bring it to the judge and I'm gonna ask the judge if they have to answer it so the the depositions are going to be really interesting in this you know it's like both Waring sides are like oh they're gonna find everything out at the depositions like everything's going to come out of the depths and it might I mean like depositions are always a tool that are are very powerful in civil cases can the depositions be used in the criminal case Can it can that be used as evidence if something comes out here before her retrial that helps or hurts her either way oh yeah it's it's sworn testimony are yeah sworn testimony so we could really see if this gets under way before that uh that retrial for the criminal case we could really see a different trial depending on what comes out in those depositions yeah for sure but like here's what the reality of the situation is I believe they had to get they had to get the the complaint filed before the statute runs if like if you blow a statute of limitations on a civil suit you're done by one day there is no wiggle room you blow the statute by you know like I said one day and you lose the ability to be able to sue so I I think what will happen ultimately um we've seen it in some other cases I was trying to remember recently there was a case uh that there was a big criminal case going on and uh there was a civil case going on as well and I imagine what's going to happen is due to you know her Fifth Amendment right to uh you know to to remain silent about things that they'll go in and the deps probably won't start the Discovery portion of that won't start until after the criminal trial is completed because a lot of times if it's that big of an issue um you know that the judges are are typically inclined especially I mean civil cases take years does the state have any interest then in saying let's push back the the case to let that happen do they have any authority to do something like that in the interest of getting more information before the trial I don't think I don't think so I think I think kenon is going to keep them you know stuck to the because nothing's changing right I there's no factually there's not going to be any they're not going to be able to come in with well we need more time to prepare or we we need time to hire an expert or you know whatever happens it's it's not going to be sufficient enough for kenon to say yeah I'm going to Grant you a continuance so I I I don't think so like I I just think that a lot of the discovery that will actually take place will be after the fact I know that I I don't know who her civil lawyers are I mean like and the question then becomes will her insurance carrier cover it whether it be because there there's two different aspects to it there's you know the aspect that that she was drinking and driving which you know I mean carriers if it's intentional acts yeah you know the carriers are typically say you're on your own like you did this yeah this was your choice yeah you know so but that'll be interesting so there's going to be a lot going on with that as well like on the Civil side of it like are they turning down coverage or are they denying coverage is she GNA have to hire her own attorney does she have any money left to do it yeah so all those things are are going to be taking place and then on top of that you know once the complaints filed they have 30 days you know all the parties have 30 days to to file an answer all right then that really just gets the ball rolling and then typically there's another you know Gap in time before what they call interrogatories uh are sent out and those are written questions where you're trying to you know and you do all that in preparation for depositions you know you get the you get the the paper Discovery the the documentation that you're looking to get uh through produ like through a production request and then you're also sending the interrogatories out so those things will they take time like I don't think like I know everybody was losing their minds yesterday about oh this is all going to come out before like the reality of just the the kind of the mechanics of a civil civil case I like assuming that the trial date is is still going to be in January I I don't think any of this will happen and if they try to push it I think that the attorneys whoever's repping Reed will go in and fight it and say look like this isn't much of a delay we just we we don't want to affect prental case by something that she may say in a in a deposition so we're just asking that you know that you you know that you you kick the date down the road a little bit so that deps happen after the criminal [Music] case heyy thanks for checking out the video be sure to follow us wherever you download podcasts and especially Apple podcasts where you can get Advanced episode in premium content on our premium channel right there also be sure to follow us on social media so you don't miss any breaking updates on the stories that matter to you most we're on Tik Tok X Instagram Facebook just search hdden Killers podcast with Tony brusi and you'll find us right there again thanks for watching