Read, 44, of Mansfield, has pleaded not guilty to driving her SUV into her boyfriend, Boston police officer John O’Keefe, and leaving him prematurely pronounced dead on Jan. 29, 2022, after she shot him following an incident outside a Dropped off house in Canton had night of bar hopping.

Her lawyers say she was framed and that O’Keefe entered the house, then owned by a Boston colleague, where he was fatally beaten in the basement before his body was dumped on the front lawn. Her first trial ended in July with a hung jury and her retrial is scheduled for January.

Federal prosecutors in Boston convened a grand jury to review state authorities’ handling of the death investigation. Federal authorities have not commented on their investigation and no one has been charged with federal crimes in connection with the case.

Thursday’s filing included a letter Bederow sent to retired Judge Robert C. Cosgrove, whom Norfolk District Attorney Michael W. Morrissey hired as a special prosecutor in Kearney’s case, accusing him of killing people who were in the night Canton’s home, harassing and intimidating Question and some of her relatives and friends. He has pleaded not guilty.

Bederow said Kearney’s phones were confiscated during his first arrest on Oct. 11, 2023.

“For approximately a year, the Commonwealth has claimed or implied that Mr. Kearney’s cell phones were not searched,” Bederow wrote. “These representations are patently false.”

Bederow said Morrissey and Fall Rivers attorney Kenneth Mello, another attorney hired as a special prosecutor in the Kearney case, knew since October 2023 that State Police Detective Lt. Brian Tully had searched the devices and that Tully’s agency had previously collected data from them at least one of them extracted Oct. 31, 2023.

Attempts to reach Morrissey’s spokesman Mello and Cosgrove for comment were not immediately successful Friday.

Bederow wrote that Read’s lawyers had not obtained telephone records from prosecutors, information that the government is required to release under disclosure rules. He said Mello told co-defense attorney Tim Bradl via email in November 2023 that state police would not search the phones until individual issues surrounding them were resolved in court, even though police had obtained a search warrant to do so.

In an earlier email dated Oct. 19, 2023, Mello told Bradl that Tully would “cease any further search” of the phone until the court could rule on certain related matters, Bederow wrote.

He said Kearney’s defense team “recently came into possession of several” data extraction reports from Kearney’s phone that Bederow entered into the file as evidence. These reports clearly indicate that Tully searched the phone in October 2023, Bederow wrote.

A state police spokesman declined to comment, citing the pending criminal proceedings.

“It is outrageous that the defense received evidence in your actual possession relating to the alleged intimidation of named witnesses from a third party and not the Commonwealth, which was obliged to disclose this evidence to the defense several months ago but repeatedly denied its existence “,” Bederow wrote to Cosgrove.

Bederow did not identify the third party who provided the defense with the data, but provided some related insight into the early stages of the Kearney investigation.

On September 28, 2023, Bederow wrote: Witness Chris Albert requested a temporary restraining order against Kearney during a public hearing in Stoughton District Court, where a judge denied the request. Kearney wrote about the hearing on his blog later in the day, prompting another Read witness, Jennifer McCabe, to text an unnamed person that “someone from the court immediately passed it on to Kearney,” Bederow wrote.

McCabe’s message, Bederow wrote, was forwarded to Morrissey, who included it in an email he sent from a personal iCloud account to trial administrators in which he expressed “serious concerns” about the alleged leak, although the hearing was a public procedure.

Morrissey’s email, which included Bederow in the filing, also named a Stoughton District Court employee, Michelle Littlefield, as a “lead person presenting as a possible leak.”

Morrissey wrote that his office was informed by multiple parties that “the entire affidavit was provided” to Kearney shortly after the injunction hearing. There is no way he would have known about the proceedings without an insider working at the courthouse.”

A court spokesman said Littlefield was placed on paid leave in October 2023 and terminated the following month. Littlefield could not immediately be reached for comment. Bederow’s filing was previously reported by the Boston Herald.

“We are extremely concerned that the improper and unsolicited dissemination of court materials to third parties, which continues to harm a witness (sic) in an ongoing murder trial, must constitute a violation of court policy or a potential violation of law,” Morrisey wrote to officials of the court proceedings.

A hearing on issues surrounding the seized phones is scheduled for December 2nd.

Travis Andersen can be reached at [email protected].