BronFoth

October has brought a significant new round of activity in HAM v. Karen Read & Aidan Kearney civil lawsuit. From the fight over David Yannetti's subpoena and the October 27th order from Judge Gildea, to competing appeals and Kearney's two applications for Direct Appellate Review before the SJC, there is a lot to unpack in the latest court filings. The documents, the arguments, the appellate proceedings, and what comes next: LIVE today at 12:15pm ET🩷💚 youtube.com/live/pa0F3OEqX88…

"The burden is self-imposed." - Judge Gildea That was one of the biggest moments from today's hearing over Karen Read's motion to compel Colin Albert's deposition. Colin Albert's attorney, Chris Mattei, argued that Colin is now in basic combat training, does not have his phone, has an intensive daily schedule, and that any deposition would require permission from the U.S. Army. He said he had even reached out to a Judge Advocate four times without receiving a response. Judge Gildea didn't dispute that the Army controls Colin's schedule. Instead, he focused on one fact: the subpoena had already been served before Colin enlisted. 🚨 Gildea repeatedly emphasized that subpoenas have to mean something. He said the burden was "self-imposed," signaling that voluntarily entering military service after being served with a subpoena does not automatically excuse compliance with that subpoena. Karen Read's attorney, Aaron Rosenberg, agreed that everyone respects Colin's decision to serve his country. His argument was regarding the timing of this choice. Colin already had outstanding obligations under a court-issued subpoena, and this is now the second hearing because Read's team still has not received the documents they subpoenaed. By the end of the hearing, Colin's attorney acknowledged that if Judge Gildea orders Colin to appear for a deposition, they will comply. The remaining question is what the Army will actually permit and how that deposition can be accomplished. To me, this was never about criticizing military service. It was about whether someone can voluntarily make themselves unavailable after already being served with a subpoena. Judge Gildea made it clear he is not prepared to simply let that question end the discussion. Because Attorney Mattei acknowledged he was still trying to determine the proper process for obtaining permission from the Army, Judge Gildea directed him to find out exactly what needs to be done to produce Colin Albert for a deposition. Judge Gildea also corrected Mattei after he referred to the subpoena as something "the other side says is disputed." "You may not want to say 'the other side says it's disputed.'" Gildea had already made clear that this was "a subpoena that was already served." His concern was no longer whether the subpoena existed or was valid. It was how the parties were going to comply with it. AKA, Colin's attorneys have one more shot before Gildea files a court order to produce him for the deposition.