Kevin Mackie's #ActonAssault Court Dates & Legal Updates on the ongoing case related to protestors assaulted at the Children's Museum COVID vaccine clinic in Acton, MA in 2022
#ActonAssault #mapoli
FINAL UPDATE: NOT GUILTY on all charges!!!
Kevin Mackie #ActonAssault Pre-update 19: April 4, 2024:
The jury's verdict on Commonwealth vs. Kevin Mackie: Docket # 2247CR000793:
Assault & Battery w/ a Dangerous Weapon: NOT GUILTY
Assault & Battery: NOT GUILTY
Trespass: NOT GUILTY
Video Update coming soon.
Kevin Mackie #ActonAssault Update 18: April 3 (afternoon), 2024:
No indication of the weather delaying or postponing tomorrow 4/4. So far, we're still on.
Re: Some people not getting this morning's text: When I send an Update, I need to text small batches of people at a time over a few hours to ensure everyone receives it. If I text everyone at once, some don't receive it. (If anyone has a better solution, I'm open to ideas.) However, due to the urgent nature of this morning's Update, I didn't have time to wait, and I had to send it to everyone at once and hope everyone received it.
Recap for those who didn't receive the text: Today would have been the 2nd (and probably final) day of trial. This morning, I found out that Ilya (my attorney) got sick with food poisoning, so it's postponed to tomorrow 4/4.
Please come to support:
8:30AM EST
Concord District Court
305 Walden St. Concord, Massachusetts
Wear blue!
Kevin Mackie #ActonAssault Update 17: April 2, 2024:
I just got word that Ilya is ill … and won't be able to resume trial today (Wed 4/3). Trial should resume tomorrow (Thurs 4/4).
Don't bother going to the courthouse today. If you can, please show up tomorrow instead.
Next date: TRIAL DAY 2:
April 4, 2024 @ 8:30AM
Concord District Court
305 Walden St.
Concord, Massachusetts
Wear blue!
Kevin Mackie #ActonAssault Update 16: April 2, 2024:
Jury selection was completed in a few hours and then trial started. Opening statements from both sides were made, and the Commonwealth has called many of its witnesses to testify.
Tomorrow, the Commonwealth is expected to finish calling all of their witnesses. After that, we get to call ours. Then closing statements and finally the jury deliberates to reach a verdict. We predict finishing the trial tomorrow (1/2 to full day).
Next date: TRIAL DAY 2:
April 3, 2024 @ 8:30AM
Concord District Court
305 Walden St., Concord, Massachusetts
Wear blue!
GiveSendGo.com/ActonAssault
Kevin Mackie Email: karnage00@protonmail.com Cell: 860-459-4226
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Kevin Mackie #ActonAssault Update 15: April 1, 2024:
Our motion to continue (delay) the trial was denied.
We filed an appeal with the Supreme Judicial Court of Massachusetts, but trial is still ON for tomorrow @ 8:30AM at
Concord District Court
305 Walden St
Concord, Massachusetts
Wear blue!
Kevin Mackie #ActonAssault Update 14: March 29, 2024:
Motion to quash summons of Marylou Sudders: APPROVED (meaning she's NOT required to come to trial)
New motion to dismiss all charges: DENIED
Motion to summons Terrence Reidy (then secretary of EOPSS, who Sudders communicated with): DENIED
Also, we received the discovery from Tami Segal. There WAS additional email correspondence about the protest and preparation for future protests. Some excerpts:
"Our facilities staff will be actively managing parking, keeping an eye out for anything unusual to prevent any ne'er-do-wells from reaching the musuem."
"They’ll scan for children in the car, signs/bullhorns, and use walkie talkies to notify us of anything suspicious."
"Adjusted our policies and will not allow any “unaccompanied adults” (adults without children along) to visit the museum during clinic hours"
However, large blocks of these conversations were redacted--presumably Ms. Segal's part in a conversation between her and Ms. MacFadden. Because we need to investigate this, we filed a motion for a continuance (delay) of the trial. We're awaiting the ruling on it.
Next date (if trial isn't delayed):
TRIAL: April 2, 2024 @ 8:30AM
Concord District Court
305 Walden St.Concord, Massachusetts
Wear blue!
If you know anyone that wants to stay updated about this case, have them text "ActonAssault" to me at 860-459-4226 to sign up for updates.
Kevin Mackie
X: @KevinDMackie0
Gab: @KevinDMackie
Cell: 860-459-4226
Kevin Mackie #ActonAssault Update 13: March 25, 2024:
ZOOM COURT TOMRORROW 9AM SHARP!
Emails uncovered in a Public Records Request revealed that shortly after the #ActonAssault, Marylou Sudders, the Former Secretary of the Executive Office of Health and Human Services, spoke about the protest with EOPPS, the parent agency of the Massachusetts State Police. In the email, she states that she is "happy to discuss off line what they are doing."
She has just filed a motion seeking to prevent her testimony at trial (similar to Tami Segal's). Tomorrow (Tues 3/26), we argue on a Zoom hearing to keep it. Please join.
(Too busy to watch? Just join and leave it on in the background!)
Meeting ID: 160 317 5207
Passcode: 646915
Alternatively, you can go to the courthouse (Courtroom 1).
We will be the first case called (hence the "sharp").
Ilya asks that we stay on mute and refrain from displaying any visual slogans/messaging.
Trial still starts April 2 @ 8:30AM. It will likely last 2-3 days, from 8:30AM - 4:30PM each day, with jury selection likely occupying most of the first day. Please come in support. You may come and go as you please throughout the trial. Please refrain from wearing any C0V1D/v@x messaging, since the court may order the protest topic to be hidden from the jury to avoid bias.
If you know anyone that wants to stay updated about this case, have them text "ActonAssault" to me at 860-459-4226 to sign up for updates.
Concord District Court
305 Walden St. Concord, Massachusetts
Wear blue!
Kevin Mackie Email: karnage00@protonmail.com Cell: 860-459-4226
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Kevin Mackie #ActonAssault Update 11: March 7, 2024:
Court this Tues, March 12 @ 9AM EST! (Short notice, I know. For you and me both.)
At the previous court date, we got approval to summons several witnesses to trial. One was Tami Segal, the Deputy Chief of Staff at the Massachusetts Executive Office of Health and Human Services (EOHHS), and organizer of the vaccine clinic at the Acton Discovery Museum (the site of the #ActonAssault). In response, EOHHS attorneys responded with a motion to quash (prevent) our summons, claiming that it's overbroad and that Tami has nothing relevant to offer at trial. On Tuesday, we'll argue to keep our summons intact to ensure that she'll be at trial to testify.
Trial is still scheduled for April 2, 2024 @ 8:30AM EST.
Concord District Court
305 Walden St.
Concord, Massachusetts
Wear blue!
Can't make it? LIKE, COMMENT ON, AND SHARE THIS POST:
facebook.com/watch/?v=917432859757651
or DONATE TO THE LEGAL FUND:
The most reliable way to receive #ActonAssault Updates is through text. Text ActonAssault to 860-459-4226 to get on the text list. Most recent Updates:
Update 10: Jan 25, 2024 Motion for Indigent (Witness) Summons Hearing:
After removing 2 of our supporters from the courtroom for allegedly talking during the (unrelated) hearing before ours, the judge heard our Motion for Indigent (Witness) Summons. He agreed to have the court pay to summons 12 of our 16 requested witnesses to trial.
After the hearing, while Mackie, his attorney, and the court supporters were outside, a court officer called (only) Mackie's attorney back into the courtroom. Days later, upon obtaining the court audio, it was discovered that this was to resume an extra session of Mr. Mackie's hearing without his (or his supporters') knowledge.
Court audio & attorney remarks:
odysee.com/@KevinDMackie:2/ActonAssault-9-10-Indigent-Summons-Jan-25-2024
Next date (as of Feb 16, 2024): TRIAL: April 2, 2024 @ 830AM
Concord District Court
305 Walden St.
Concord, Massachusetts
Wear blue!
What is this? Intro/donate:
GiveSendGo.com/ActonAssault
Kevin Mackie Email: karnage00@protonmail.com Cell: 860-459-4226
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To ensure deliverability, add karnage00@protonmail.com to your safe senders/contacts list.
Update 9, part 2 of 2:"The guy came out of the woods like a crazy Sasquatch." -My attorney, Ilya Feoktistov
This court audio with added visuals takes a closer look at the issues, documents, and footage of the assault. It contains some previously unreleased (as of Feb 1, 2024) footage of the assault:
odysee.com/@KevinDMackie:2/ActonAssault-Motion-to-Dismiss-hearing-Apr-12-2023
Kevin Mackie #ActonAssault Update 9, part 1 of 2: Jan 23rd, 2024:
Trial postponed to Tues, April 2nd, 2024. However, there is still court this Thurs, Jan 25th @ 9AM at
Concord, MA District Court
305 Walden St.
Instead of trial, it will now be a pretrial hearing of a Motion for Indigent (Witness) Summonses.
Part 2 will contain no schedule updates, but will be a video of a courtroom audio of the Motion to Dismiss hearing from 4/12/2023 that shows the legal battle of this case. (I wanted to include the video here, but it isn't finished yet, and I wanted to give ample notice before Thurs about the trial date change.)
Also, any help reaching out to journalists to get coverage of this story would be appreciated.
Thank you to those that participated/are participating in the journalist Email Blitz. Anyone that wants to learn about that/join, contact me (see below).
#ActonAssault Update #6 9/28:
A Public Records Request found emails between the v@x cl1n1c contractor & MA Exec Branch offices regarding the protest. We filed a motion for more info. Judge took no action.
The 2 ex parte judges: not present to rule on their recusal.
Court footage & attorney remarks:
odysee.com/@KevinDMackie:2/ActonAssault-update-6-Sept-28-2023:4
Next date: 11/6/23 @ 9AM EST
Concord District Court
305 Walden St., Concord, MA
Wear blue!
Kevin Mackie #ActonAssault court update #5 (first numbered update) 9/20/23:
The motion to recuse the 2 judges that engaged in ex parte communication will be heard on 9/28 by both judges.
Protestors assaulted at children's museum vaccine clinic in Acton, MA. Assailant's charges dismissed, defender being prosecuted.
On July 8, 2022, a group protesting against COVID vaccines being given to 5-11 year olds at a vaccine clinic at the children's Discovery Museum in Acton, MA was assaulted by local resident Fred Smith. Smith was charged with 3 counts of Assault and Battery with a Dangerous Weapon (a pipe), 1 count of Assault with a Dangerous Weapon (a pipe), Assault and Battery, and Disorderly Conduct.
On February 1, 2023, all of Smith's charges were dropped with the exception of the Assault and Battery charges. For those, he agreed to 9 months of pretrial probation consisting of anger management classes.
Kevin Mackie, one of the protestors, defended the group against Smith's assault. For it, he is charged with Assault and Battery with a Dangerous Weapon (a megaphone), Assault and Battery, and Trespass. Despite the prosecution possessing video of the interaction showing that Smith was the first aggressor, as well as witness testimony testifying to the same, they continue to prosecute Mr. Mackie instead of Mr. Smith. The judges are refusing to dismiss the trespassing charge even after being presented with notarized Registry of Deeds documents showing that Mr. Mackie was protesting on a public easement. The same charge has already been dismissed for the other protestors at a show cause hearing before a court clerk.
Smoking-gun documents (attached) obtained by one of Mr. Mackie’s fellow protesters in a public records act request show that Mr. Mackie’s prosecution has been unduly prejudiced by the direct involvement of former Massachusetts Secretary of Health and Human Services, Marylou Sudders, along with her public relations team, in the decision to prosecute Mr. Mackie. In the documents, Secretary Sudders tells her public relations team that Massachusetts criminal justice officials will act to help them prevent future protests against COVID vaccines by Mr. Mackie and the other protesters. She tells her team that she is “happy to discuss off line what they are doing.”
Consequently, Mr. Mackie’s attorney would be willing to provide press statements that he believes are required to protect Mr. Mackie from the substantial undue prejudicial effect of this corrupt civilian political appointee’s malicious propaganda campaign to influence the Commonwealth’s criminal justice officials into prosecuting Mr. Mackie.
Assault video: tinyurl.com/MuseumAssault
The Federalist's article explaining the "Legal Shenanigans" surrounding the Commonwealth's refusal to dismiss Kevin's charges: thefederalist.com/2023/05/30/massachusetts-man-faces-prosecution-for-defending-himself-from-a-violent-anti-republican-attacker
Local coverage with audio of a victim impact statement to the court by Michelle Efendi, the woman grabbed in the video: actonforum.com/?p=1246
Tweet showing a shorter version of the assault video with a quick summary of the situation: x.com/KevinDMackie/status/1691668478703374360
Kevin posts case updates on Twitter (x.com/KevinDMackie) and Facebook (facebook.com/KevinDMackie).
Mr. Mackie's attorney Ilya Feoktistov (ilyafeoktistov.com) can be reached at if@ilyafeoktistov.com.