Karen Read Retrial Update: The ATF Agent Hasn't Testified Yet, but He's Still Having a VERY Bad Week

This clip is from last June. You might recognize it from Commonwealth v. Karen Read, the Original Series. 

And if you've followed that trial or The Next Generation, then you're no doubt all too familiar with the witness on the stand, Brian Higgins. Briefly, he's the ATF agent who was at the bar where all the events that led to Boston PD's John O'Keefe's death. He's mostly known for:

--As he testified to here, destroying his phone and tossing it and the SIM card into separate trash cans on Joint Base Cape Cod in Barnstable. The same day as Boston PD's Brian Albert (who owned 34 Fairview where O'Keefe was found), and one day before a court order to preserve their phones went into effect.

--Exchanging calls at 2:22am with Albert, which they both excused as coincidental butt dials. 

--Sending flirty, seductive texts with Karen Read in the days and weeks leading up to O'Keefe's death. 

--Keeping an office at the Canton Police HQ, and going there at 1:30am. Which was about an hour after Read dropped O'Keefe off at Albert's house before allegedly hitting and killing him.

We've yet to see Higgins take the stand in the reboot trial. But boy oh boy oh boy, is he still having a rough go of things over the past few days. We could start anywhere, but just for the sake of keeping thing orderly, let's take them chronologically. In the order they happened back in January of 2022.

First, there were the texts between Higgins and Read. Which have been out there for a while, and were part of the evidence in the first trial. But The Boston Herald, as a public service, have decided to re-publish them in their entirety. To be perfectly fair to Higgins, they don't do Read any favors either. She initiated the contact. She was the more aggressive one. And she sounds for all the world like she's interested in buttering her toast on both sides, so to speak. But whether or not they point to her guilt in murdering O'Keefe, they prove beyond a reasonable doubt that Higgins has 0.0 game. Here is just a small sample:

In this transcript, a “K” preceding a text means that Karen Read sent the text and a “B” preceding a text means that Brian Higgins sent the text. A forward slash, / , separated by spaces means that it was a separate text but sent by the same sender but without the other sending something to interrupt the flow. Emojis and photographs are given basic descriptions contained in parentheses.

K: You’re hot
B: Are you serious or messing with me?
K: No I’m serious
B: Feeling is mutual / Is that bad? / How long have you thought that???
K: Are you okay driving? You don’t want to stay here?
B: I am fine. I have an office at the PD / You didn’t answer the question
K: Rather you say here
B: I wish / I think you’re messing with me
K: Why do you think that?
B: Because this is so out of left field / Where did these feelings come from? ...

B: What do you like about me?
K: I just feel like you’re from my neighborhood
B: Yeah / Ditto
K: And I think you’re hot
BL You really think that? / I have always thought that about you
K: What?
B: That your hot / Smart / Witty / But didn’t think you were interested
K: Witty??
B: Yea, meaning quick with a response / Tell me why you got my number and reached out to me

It goes on like this for hundreds of exchanges, but you get the point. Of course none of us should have our texts released to the world. Not the ones to your friends. Not your family. And certainly not between a single guy and a woman who initiated contact with him and his telling him he's hawt. And to once again be fair to Higgins, he does show concern about the fact Read and O'Keefe seemed happy and he was reluctant to tomcat around behind his back. So it's unfair to judge. 

But holy smokes, this is pathetic. The tone you just read is one he keeps for the entire conversation. You like me? Why do you like me? What is it you like about me? When did you first start liking me? He's one step on the seduction ladder from passing her a note that says, "Do you want to go out with me? Check one: Y [  ] N [  ]." I was discussing this with a platonic female internet friend and she confirms what we all just assume to be true. That this neediness is absolutely the least attractive quality to any woman. I don't know that being unable to distinguish between the possessive "your" and the contraction "you're" is a dealbreaker, but insecurity has to be No. 1 on the list.

I humbly considered myself to be the best wingman since Iceman (RIP) back in the day. And if a buddy of mine was getting this much attention from a woman, he could've handed me his phone for an hour and I'd have had him doing The Beast With Two Backs (that's from Shakespeare; also RIP), by the weekend. But Higgins texts are just sad. The Germans have a word, Fremdschamen. Which describes that feeling of secondhand embarrassment you have for someone who lacks the capacity to be embarrassed for themselves. I've got a full-bodied Fremdschamen right now.

Next was the release of this video a few days ago, by the very pro-Free Karen Read account Microdots. In essence, it takes security camera footage from the Waterfall bar. Heartbreakingly, the last few hours of John O'Keefe's life. I'm going to issue an extremely strong disclaimer: THIS IS ALL SPECULATION. HIGHLY SPECULATIVE, IN FACT. It would be irresponsible to claim this is exactly what went down in that pub. It's reading body language and trying to deduce what people were saying from nonverbal clues. Which is often a dangerous practice. 

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But still, this is at least plausible. Zooming in and taking things in slow motion like (cliche' alert) the Zapruder Film, this paints a picture of Higgins trying to get Read's attention, unsuccessfully. Eventually going so far as to text her from about six feet away. Then having private conversations with Brian Albert and his brother, Canton PD's Chris Albert. Higgins getting more and more animated. Gesturing in O'Keefe's direction. Getting shut down by an aggressive arm grab by Chris Albert. Seeming to motion to O'Keefe to come with them outside. And then finally leaving:

It's that definitive proof? No. Nothing short of actual video of the killing could constitute proof. But it's not nothing. 

And it's fascinating in the light of what was presented in court today.

Higgins testified he went to his office at the Canton PD - one he was provided as a professional courtesy between two different law enforcement departments - in order to move some cars for the snowplow. Except he went into the building without seeming to move anything:

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… also said he was there for “administrative work”. His statements were inconsistent.

In fact, he appeared to go right inside and straight to his office. And people with better vision than me have pointed out that's not the sweatshirt that was on Higgins in the video at the bar. Suggesting that he either changed clothes for some reason, or that's not him in the police station:

But whichever Higgins version of events you choose to believe, the idea that an off duty ATF agent would feel the need to run to his workplace at 1:30am in a blizzard after a night of heavy boozing just in the normal course of things is ludicrous. Unless he's the world most dedicated workaholic - totally addicted to workahol - something extraordinary happened between the time Read and O'Keefe got to the Waterfall and the time Higgins went to the office. 

The texts, the CCTV at the bar and now these at the police station don't prove a thing. I'll concede that. But when a defendant is on trial for her life and you throw these on the pile with the destroyed phone and the butt dials and everything else, they certainly get Read closer to a Doubt which is Reasonable. And that's all she needs. 

Higgins can't take the stand soon enough. Your (this mistake is intentional) not going to want to miss it. Hos long (this one is too) before he does?