Judge Demands Witness Deposition in Karen Read Wrongful Death Case Despite Military Service

A wrongful death attorney representing the family of Boston police officer John O'Keefe achieved a significant procedural victory when a judge refused to delay witness testimony due to military obligations. Judge Mark Gildea in Plymouth Superior Court ruled that Colin Albert must complete his deposition before the August 17 discovery deadline, overruling arguments that his Army basic training made him unavailable until fall.

Court Rejects Military Service as Excuse

During Wednesday's hearing in the ongoing wrongful death civil case, the judge directly addressed Albert's attorney James Tuxbury, stating unequivocally: "Not going to happen." Tuxbury had informed the court that Albert could not participate in depositions until completing basic training, claiming he could only speak with his client one hour per week. Judge Gildea was unmoved, emphasizing that a legal subpoena carries mandatory weight and cannot be suspended for military commitments.

The judge instructed Tuxbury to determine Albert's availability for deposition and arrange his testimony accordingly. "It's not a matter of figuring it out. It's a matter of you saying to him there's a duly issued subpoena," Gildea stated. "A subpoena needs to mean something."

Broader Procedural Criticism

Beyond the deposition timeline, Judge Gildea expressed frustration with how both legal teams were handling the case overall. He reprimanded read's attorneys, represented by Aaron Rosenberg, for filing motions that contained excessive background information and arguments presented as established facts. The judge explicitly told both sides to "stop pandering to social media" and focus pleadings strictly on material necessary for judicial decisions.

The judge also criticized the timing of the subpoena issuance. Read's legal team notified Albert on February 11 that a deposition was planned for April 29, yet the formal subpoena was not issued until April 15—more than two months later—and service occurred six days after that. Rosenberg characterized this as an oversight resulting from multiple moving pieces, but Gildea expressed skepticism, noting the improbability of such a delay for a key non-party witness.