Aiden Kearney (Turtleboy) Hearing of Nov. 28th at Stoughton District Court

Aiden Kearney's lawyer argues that Kearney should get his tools of investigation (phone, computers) that were taken in a seizure of his home after a warrant was given to search his house and his being charged with witness intimidation. Kearney's lawyer says his client is being prosecuted by the same people his journalism exposed in the Karen Read murder case. The defense argued that he's involved with a client accused of murder and these same prosecutors returned that client's phone within a day because of a process called "mirroring" which gathers all the material on the devices. If given back in that case, certainly, the defense argues, Kearney should get his devices of his profession returned. 

The prosecution argues that Kearney is an activist and not a journalist (journalist enjoy no special legal protections in Massachusetts over regular citizens say for tradition) and even if "generously" seen as a journalist, that the State argued that the defense might say that material on the mirror image was made up. The prosecution argues respectfully to the judge that it is prudent for the judge to allow a higher court to decide on this matter. The prosecution argues Kearney is still blogging and there's no impedance to his doing his work. 

The defense counters that sources who have risked so much to expose elements in the Karen Read case are on that phone and will be exposed to the State. That this is an unprecedented prosecution of a journalist. That those sources on the phone should be protected. 

The judge considers both arguments. Listen here for his ruling.