ST. PAUL, Minn. (AP) — The U.S. Supreme Court has denied a petition by MyPillow founder and election denier Mike Lindell to consider his challenge to the legality of the FBI's seizure of his cellphone at a restaurant drive-through.
The high court, without comment Monday, declined to reconsider three lower court rulings that went against Lindell, a prominent promoter of false claims that voting machines were manipulated to steal the 2020 presidential election from President Donald Trump.
FBI agents seized the cellphone from him at a Hardee's fast-food restaurant in the southern Minnesota city of Mankato in 2022 as part of an investigation into an alleged scheme to breach voting system technology in Mesa County, Colorado. Lindell alleged the confiscation violated his constitutional rights against unlawful search and seizure and was an attempt by the government to chill his freedom of speech.
The 8th Circuit Court of Appeals disagreed.
“While he has at times attempted to assert otherwise, Lindell’s objective in this action is apparent — this litigation is a tactic to, at a minimum, interfere with and, at most, enjoin a criminal investigation and ultimately hamper any potential federal prosecution," a three-judge appeals panel wrote last September.
In February, when Lindell turned to the Supreme Court, his attorneys said Lindell had still not gotten his phone back.
Monday's decision was the latest in a run of legal and financial setbacks for Lindell, who is being sued for defamation by two voting machine companies. Lawyers who were originally defending him in those cases quit over unpaid bills.
A credit crunch last year disrupted cash flow at MyPillow after it lost Fox News as one of its major advertising platforms and was dropped by several national retailers. A judge in February affirmed a $5 million arbitration award to a software engineer who challenged data Lindell said proves China interfered in the 2020 election.
FILE - Mike Lindell, CEO of My Pillow, looks down at his phone before taking the stage during the Michigan Republican Convention at Devos Place in Grand Rapids, Mich., April 23, 2022. On Monday, April 15, 2024, the U.S. Supreme Court denied a petition by the MyPillow founder and election denier to consider his challenge to legality of the FBI's seizure of his cell phone at a restaurant drive-through. (Daniel Shular/The Grand Rapids Press via AP, File)
FILE - MyPillow chief executive Mike Lindell speaks to reporters outside federal court in Washington, June 24, 2021. On Monday, April 15, 2024, the U.S. Supreme Court denied a petition by the MyPillow founder and election denier to consider his challenge to legality of the FBI's seizure of his cell phone at a restaurant drive-through. (AP Photo/Manuel Balce Ceneta, File)
DEDHAM, Mass. (AP) — The trial of a Massachusetts woman who allegedly killed her Boston police officer boyfriend by intentionally driving her SUV into him opened Monday with prosecutors saying a cracked taillight and her own words to firefighters that she "hit him" will prove she is guilty.
Karen Read, 44, of Mansfield, faces several charges including second degree murder in the death of John O’Keefe, 46, in 2022. The 16-year police veteran was found unresponsive outside a home of a fellow Boston police officer and later was pronounced dead at a hospital. Read has pleaded not guilty and is free on bond.
“The defendant, Karen Read, is guilty of murder in the second degree, striking the victim, Mr. O’Keefe with her car, knocking him back onto the ground, striking his head on the ground, causing the bleeding in his brain and swelling, and then leaving him there for several hours in a blizzard," Assistant District Attorney Adam Lally told the jury.
As the case unfolded, the defense's strategy has been to portray a vast conspiracy involving a police coverup. It has earned Read a loyal band of supporters — who often can be found camped out at the courthouse — and has garnered the case national attention.
“Karen Read was framed,” Read's defense attorney David Yannetti told the jury. “Her car never struck John O'Keefe. She did not cause his death and that means somebody else did.”
The couple had been to two bars on a night in January 2022, prosecutors alleged, and were then headed to a party in nearby Canton. Read said she did not feel well and decided not to attend. Once at the home, O’Keefe got out of Read's vehicle, and while she made a three-point turn, she allegedly struck him then drove away, prosecutors said.
Prosecutors haven't said where they think she went after that. However, they allege she later became frantic after she said she couldn't reach O'Keefe. She returned to the site of the party where she and two friends found O’Keefe covered in snow. While on the scene, firefighters said she told them “I hit him, I hit him, I hit him.”
He was pronounced dead at a hospital. An autopsy concluded he died from head trauma and hypothermia.
Investigators found a cracked right rear tail light near where O'Keefe was found and scratches on her SUV. Prosecutors are also expected to present evidence of injuries suffered by O'Keefe consistent with him being hit by the car and strains in the couples relationship including a “20 minute screaming match” witnessed by O'Keefe's two adopted children they had while on vacation in Aruba.
The defense have spent months arguing in court that the case was marred by conflicts of interest and accused prosecutors of presenting false and deceptive evidence to the grand jury. In a motion to dismiss the case, the defense called the prosecution's case “predicated entirely on flimsy speculation and presumption.” A Superior Court judge denied the request.
On Monday, Yannetti argued that close relationships between investigators and those in the house resulted in authorities focusing solely on Reid, whom the defense described as a “convenient outsider.”
Yannetti also claimed investigators failed to consider the possibility that O'Keefe got into a fight at the party and was left for dead outside. While not offering evidence of who was responsible, they laid out of a series of missteps in the investigation — failing to investigate a history of animosity between O'Keefe and the family who owned the home nor searching the home for evidence of a struggle.
They also are expected to provide evidence that Read's taillight was damaged when she hit O'Keefe's car hours later at their home — not at the party — and dispute that the couple had a strained relationship. They got along well that night and had made plans for several trips in the months ahead.
“You will question the Commonwealth's theory of the case,” Yannetti said. “You will question the quality of the Commonwealth's evidence. You will question the veracity of the Commonwealth's witnesses and you will question their shoddy and biased investigation.”
In August, Norfolk District Attorney Michael Morrissey criticized suggestions that state and local enforcement were orchestrating a cover up, saying there is no evidence to support O'Keefe was in the Canton home where the party took place nor was in a fight.
The idea that multiple police departments and his office would be involved in a “vast conspiracy” in this case is “a desperate attempt to reassign guilt.”
Such comments have done little to silence Read's supporters, dozens of whom dressed in pink for the first day of the trial.
Most days, a few dozen supporters — some carrying signs or wearing shirts reading “Free Karen Read” — can be seen standing near the courthouse. Many had no connection to Read, who worked in the financial industry and taught finance at Bentley University before this case.
Among her most ardent supporters is a confrontational blogger Aidan Timothy Kearney, known as “Turtleboy." He has been charged with harassing, threatening and intimidating witnesses in the case. For months, he has raised doubts about Read's guilt on his blog that has become a popular page for those who believe Read is innocent.
Friends and family of O’Keefe fear the focus on Read and the conspiracy theories are taking away from the fact a good man was killed.
The first witness in the trial was O'Keefe's brother, Paul, who described in harrowing detail having to rush to the hospital that morning, walking past Read who was repeatedly screaming “Is he alive?" and into a room where his body was covered partially with a white sheet.
“He was pretty banged up,” Paul O'Keefe told the jury, detailing how his brother had blood running down his mouth and nose and markings on his right arm. “What really stood out to me was the eyes. It was as if there were ping pong balls under his eyelids.”
FILE - Karen Read sits in court during jury selection for her murder trial at Norfolk County Superior Court, Wednesday, April 17, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. Read's trial is scheduled to begin Monday, April 29. (David McGlynn//New York Post via AP, Pool,File)
FILE - Karen Read, of Mansfield, Mass., center, departs Norfolk Superior Court following a day of jury selection, April 17, 2024, in Dedham, Mass. Read is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. Read's trial is scheduled to begin Monday, April 29. (AP Photo/Steven Senne, File)
FILE - This undated photograph provided by the Boston Police Department shows Officer John O'Keefe of Canton, Mass. O'Keefe was found dead outside the home of a fellow officer in January 2022, and his girlfriend, Karen Read, has been charged with his death. Read's trial is scheduled to begin Monday, April 29, 2024. (Boston Police Department via AP, File)
Assistant District Attorney Adam Lally gives his opening statement as the murder trial for Karen Read begins in Norfolk County Superior Court, Monday, April 29, 2024, in Dedham, Mass. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O'Keefe, and leaving him to die in a blizzard in Canton, in 2022. (Pat Greenhouse/The Boston Globe via AP, Pool)
Judge Beverly J. Cannone addresses the jury before opening statements for the murder trial of Karen Read in Norfolk County Superior Court, Monday, Aapril 29, 2024, in Dedham, Mass. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O'Keefe, and leaving him to die in a blizzard in Canton, in 2022. (Pat Greenhouse/The Boston Globe via AP, Pool)
The facts of the case against Karen Read are read as the murder trial for Read begins in Norfolk County Superior Court, in front of Judge Beverly J. Cannone., Monday, April 29, 2024, in Dedham, Mass. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O'Keefe, and leaving him to die in a blizzard in Canton, in 2022. (Pat Greenhouse/The Boston Globe via AP, Pool)
Karen Read talks with lawyer David Yannetti in court during jury selection at Norfolk County Superior Court, Wednesday, April 17, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool)
Karen Read departs Norfolk Superior Court following a day of jury selection, Wednesday, April 17, 2024, in Dedham, Mass. Read is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (AP Photo/Steven Senne)
Karen Read, center, departs Norfolk Superior Court following a day of jury selection, Wednesday, April 17, 2024, in Dedham, Mass. Read is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (AP Photo/Steven Senne)
Karen Read sits in court during jury selection at Norfolk County Superior Court, Wednesday, April 17, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool)
Karen Read sits in court during jury selection at Norfolk County Superior Court, Wednesday, April 17, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool)
Karen Read talks with lawyers in court during jury selection at Norfolk County Superior Court, Wednesday, April 17, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool)
Karen Read departs Norfolk Superior Court following a day of jury selection, Wednesday, April 17, 2024, in Dedham, Mass. Read is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (AP Photo/Steven Senne)
