Suffolk County DA Kevin Hayden | Image Credit: (Boston Globe)
As Boston PD stays silent, legal voices reject claims that could derail a young officer’s career, and Cox's comments leave questions.
The fallout from Dever’s testimony in the Commonwealth v. Karen Read trial has sparked a new wave of outrage from Free Karen Read (FKR) supporters, even stating that Kelly Dever “already has a Brady file”.
But as with so much in this case, the narrative online is far louder than the facts. Let’s break this down with help from two legal heavyweights—Judge Jack Lu and defense attorney Mark Bederow—and walk through what really happened with Dever’s testimony timeline.
The Suffolk County District Attorney’s office confirmed to Justice Case Analysis that Officer Kelly Dever does not currently appear on its Brady/Giglio disclosure database.
A spokesperson for Suffolk County District Attorney Kevin Hayden’s office said:
“I’m not aware of any communications received by our office regarding Officer Dever, and she does not appear on our Brady/Giglio disclosure database. We have no further comment.”
The Claim: Dever “changed her story” after meeting with Commissioner Cox
This claim is spreading like wildfire on social media and even repeated by legal commentators like YouTuber Peter Tragos. But the timeline in court transcripts tells a very different story:
August 9, 2023: Officer Dever gave her first interview to the FBI. At that time, she believed she had seen Karen Read’s vehicle when it arrived at the Boston Police Sally Port.
Later in 2023: After seeing video footage on television that showed the times Karen Read’s vehicle was processed, Dever realized she wasn’t even on duty at that time. She proactively contacted the FBI to correct her statement.
April 2024: Dever spoke with the defense team and informed them that she, in fact, did not see Higgins and Berkowitz in the sallyport that day.
Commissioner Cox Meeting: Dever testified that she was called to meet with Commissioner Michael Cox prior to the first trial, somewhere in the range of April 2024.
In that meeting, Cox allegedly told her two things: “The department supports you” and “just tell the truth.” She never testified in the first trial, meaning there is no possible way her testimony could have been influenced by that meeting.
Dever also stated during testimony that she did not recall the direct quote that Jackson states the Commissioner told Dever to “do the right thing”.
It’s not clear whether Dever’s retraction to the FBI was before or after her conversation with Commissioner Cox.
Dever States that her retraction came from her own initiative after reviewing public evidence—not because of any meeting with Cox.
Image Credit: Ted Daniel News
Image Credit: Ted Daniel News
Image Credit: Court TV LIVE: MA v. Karen Read Murder Retrial, Day 25
What Legal Experts Say
Retired Superior Court Judge Jack Lu dismissed Jackson’s Brady claim outright. Lu told Justice Case Analysis:
“The actions of Officer Dever do not meet the requirements for a Brady/Giglio list.”
Similarly, defense attorney Mark Bederow told MassLive:
“Dever’s behavior on the stand would likely not come back to haunt her in other cases.”
Both experts point to the same issue: Brady/Giglio lists are not catch-alls for witnesses who make errors, clarify previous testimony, or face credibility attacks in a single case. They exist to disclose known patterns of dishonesty, bias, or misconduct.
Why This Isn’t Brady
Brady v. Maryland and Giglio v. United States require prosecutors to disclose information that could impeach a government witness’ credibility. But not every inconsistency or disputed recollection qualifies:
Self-correcting is not misconduct: Dever corrected her own statement. That strengthens, not weakens, her credibility.
No finding of dishonesty: There has been no finding that Dever lied in this case or any other.
Cox meeting doesn’t taint testimony: Even if Cox did say “do the right thing”, courts have long held that such statements are not improper unless tied to direct witness tampering.
As Judge Lu put it during the trial,
“a failure of memory in one case is not admissible in another case. This is black letter law.”
Cox’s Comments Leave Questions
Boston Police Commissioner Michael Cox recently addressed reporters’ questions about his alleged meeting with Officer Dever. While Cox insisted he had “nothing to do with Karen Read” and said he did not know Dever was connected to the case, his comments stopped short of explicitly denying any conversation with her. Instead, Cox focused on distancing himself from the Karen Read investigation entirely.
His remarks have fueled debate: FKR supporters argue Cox is contradicting Dever’s testimony, while others suggest the commissioner may simply have been trying to keep his agency out of a polarizing case.
As of this publication, Boston Police Department has not responded to a request for comment from Justice Case Analysis regarding any initiated actions against Dever, Jackson’s letter or Dever’s meeting.
Facts Over Fury
In the hyperpolarized world of the Karen Read case, nuance rarely survives. But the facts here matter. Officer Dever’s corrected statement and the commissioner’s alleged comments don’t meet the legal standard for Brady/Giglio disclosure. That’s not my opinion—it’s the assessment of a retired judge, a seasoned defense attorney, and the Suffolk DA’s Office itself.
Until or unless new evidence comes to light, calls for Dever’s Brady-listing are more about public pressure than prosecutorial ethics.
If telling the truth puts a police officer’s badge at risk, then the real credibility crisis isn’t in the witness box—it’s at the defense table.
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