Two New England true crime journalists have initiated legal action against the Massachusetts State Police, claiming they were prevented from reporting outside the courthouse during the onset of Karen Read’s second murder trial concerning John O’Keefe’s death.

The suit arises from a court-imposed “buffer zone” intended to keep protesters away, but the reporters assert that police confronted them within the zone, despite the order not applying to non-protesters.

The lawsuit identifies Massachusetts State Police Superintendent Geoffrey Noble and MSP Sgt. Michael Hardman, along with two other unidentified state troopers.

“You don’t have media credentials. You’ve got to go behind the buffer zone, OK, or you’re going to be subject to arrest,” Hardman allegedly told him. “Go follow them. You’re being told right now.”

Karen Read supporters rally on the front steps of the Registry of Deeds building. (John Tlumacki/The Boston Globe via Getty Images)

“I’m not media?” Derosier, a Massachusetts resident, asked, according to the lawsuit.

“No, you’re not,” Hardman allegedly replied.

Both men recorded the interactions and included them in court filings with the lawsuit.

“I think the reporters are probably on solid legal ground,” said Andrew Stoltmann, a Chicago-based attorney who has handled First Amendment cases in the past and teaches at Northwestern University’s School of Law. 

“The judge has absolute powers in his courtroom to prevent parties or witnesses from talking about the case, but trying to gag a reporter that’s not in the courtroom is constitutionally very, very suspect for both the judge and the police officers who are trying to enforce it.”

Jury selection is underway for Read’s second trial. The first ended in a mistrial July 1 after jurors could not agree on a verdict.

She faces charges of murder, manslaughter and leaving the scene of a deadly hit-and-run for allegedly backing her Lexus SUV into O’Keefe in January 2022 and leaving him on the ground to die during a blizzard.

She has pleaded not guilty and denied the allegations, and her defense is arguing she was framed.