A judge on Monday denied former State Police trooper Michael Proctor’s emergency request to postpone a deposition in the wrongful death lawsuit brought by the family of Boston police Officer John O’Keefe against Karen Read and several other parties, finding that Proctor failed to provide sufficient reason for the delay.
Plymouth Superior Court Judge Mark Gildea criticized both the timing of the request and the evidence submitted by Proctor’s attorneys, who had sought to delay testimony scheduled for Monday. Gildea said the supplemental materials filed under seal did not justify what he called an “extraordinary request” to continue “a long-noticed deposition.”
“The timing of the request remains a concern,” Gildea said during a Zoom hearing Monday afternoon. He also questioned whether the author of a letter submitted by Proctor’s attorneys was qualified to offer their opinions and said the filing appeared to seek an indefinite postponement.
Gildea ordered Proctor to appear for the deposition, and attorneys for Proctor and Read agreed to reschedule the testimony to either June 25 or July 14, pending confirmation of Proctor’s availability.
Proctor led the investigation into O’Keefe’s death and was fired by State Police last year. O’Keefe’s body was found on Jan. 29, 2022, outside a Canton home then owned by another Boston police officer. Read had dropped O’Keefe off at the home after the couple had been out drinking.
The deposition is part of a wrongful death lawsuit filed by O’Keefe’s family against Read and several bars. A jury last year acquitted Read of a second-degree murder charge she faced in the death of O’Keefe, who was her boyfriend.
Attorneys for Proctor had said he could no longer participate in a deposition Monday, citing his inability to prepare for questioning due to circumstances they only learned about recently.
Gildea said the dates referenced in the filing suggest the issue could have been raised earlier.
Proctor sought the delay days after Read filed a separate lawsuit against State Police and Canton officials that included newly public racist and sexist text messages attributed to him.
Read’s new lawsuit, which alleges corruption and misconduct by investigators, included newly disclosed text messages attributed to Proctor and former Canton police sergeant Sean Goode containing derogatory comments about women, LGBTQ people, Jewish people, and other groups.
During Monday’s hearing, Damon Seligson, an attorney for Read, argued the basis for Proctor’s request had shifted repeatedly.
“They said in their submissions on Friday and then on Sunday that he knows he has to appear,” Seligson told the court. “And now this afternoon we see something that’s more long-term.”
Matthew Hamel, an attorney for Proctor, pushed back.
“The relief has not changed in our view,” Hamel said during the hearing. “We’re not seeking to preclude Ms. Read from taking this deposition at all. We are simply seeking a new day for the reasons that we provided to the court.”
Proctor is not a defendant in the lawsuit O’Keefe’s family filed against Read, but Read is suing Proctor, other State Police investigators, and several prosecution witnesses from her criminal case in a separate federal lawsuit.
Nick Stoico can be reached at nick.stoico@globe.com.