BOSTON — A Massachusetts judge ruled on Monday to dismiss criminal charges against Richard Schiffer Jr., an individual who publicly supported Karen Read by distributing numerous yellow rubber ducks and fake $100 bills throughout the area. Schiffer’s defense was based on the assertion of his First Amendment rights as he sought to bolster the argument that Read—who is facing accusations of deliberately running over her boyfriend, Boston police officer John O’Keefe, with her SUV and abandoning him during a snowstorm—has been wrongly accused in a highly publicized murder case.
Timothy Bradl, Schiffer’s attorney, expressed satisfaction with the judge’s swift decision to dismiss the felony witness intimidation and criminal harassment charges during the proceedings at Stoughton District Court. The judge’s ruling aligns with an earlier decision made on the same day to postpone Read’s retrial to April; a mistrial was declared in July due to the jurors’ inability to reach a consensus on the charges against her. Read is currently facing second-degree murder and two additional charges, with her legal team contending that other police officers may bear responsibility for O’Keefe’s death.
Bradl remarked, “There wasn’t a leg to stand on,” in reference to the charges against Schiffer. He commended the judge for acting promptly, stating, “Hats off to the judge. He didn’t make everyone wait and ruled from the bench. Everything was completely protected by the First Amendment. This was political speech.” Meanwhile, the Norfolk District Attorney’s office opted not to comment on the matter.
Schiffer explained that his idea of using rubber ducks was inspired by a closing argument from one of Read’s defense lawyers, Alan Jackson, who made the analogy about identifying the truth of a situation with the phrase, “if it walks like a duck and talks like a duck, it’s a duck.” In his ruling, Judge Brian Walsh stated that Schiffer’s actions did not qualify as intimidation or harassment. He noted that Schiffer’s expressive conduct—including the rubber ducks and faux currency—was protected under the First Amendment. Walsh referred to Schiffer’s actions as “a rather sophomoric expression of his opinion,” yet still validated them as protected speech.
The ruling concluded with a nod to the literary world, as Judge Walsh quoted from the works of Indiana poet James Whitcomb Riley, credited with coining the “walks like a duck” phrase, as well as Robert McCloskey, known for the children’s classic “Make Way For Ducklings.”
The defense has put forth a claim asserting that O’Keefe was killed inside the residence of fellow Boston officer Brian Albert and subsequently moved outside. They posited that investigators focused their efforts on Read since she was an “easy target,” allowing them to avoid contemplating the involvement of law enforcement personnel.
Schiffer has been vocal among the many supporters of Read, alleging that there is a pervasive cover-up by state and local law enforcement. The protests in favor of Read have sparked confrontations, particularly in Canton, where the alleged murder took place, dividing opinions between her supporters and those who believe she is culpable.
As a local business owner of Canton Fence, Schiffer is well known in the community through his contracting work. He was accused of placing some rubber ducks outside a pizza establishment owned by Chris Albert, the brother of the officer involved, while other ducks were found scattered throughout O’Keefe’s neighborhood.
