Prosecutors in the Karen Read case filed a response to the defense’s motion to dismiss two of the three charges in the death of Boston Police Officer John O’Keefe.
As CrimeOnline previously reported, the defense claimed that jurors unanimously agreed that Read was not guilty of second-degree murder and leaving the scene of a fatal crash. They were reportedly split on the vehicular manslaughter charge.
Prosecutors, according to NBC Boston, argued that the defense’s claims are based on “hearsay, conjecture, and legally inappropriate reliance on jury deliberations.”
The prosecution also labeled the defendant’s claims as “unsubstantiated” and “sensational,” denying that the jury reached any unanimous decision on any charges. They asserted that the jury’s notes to the judge clearly indicated a deadlock.
Prosecutors pointed out that the defense had the chance to request an inquiry on which charges the jurors were deadlocked on, but they failed to do so.
“It would be interesting at some point if we could find out what went wrong here, why the jury, if this is true, did not understand that they could have made individual decisions on the individual counts, and it was not all or nothing.” defense lawyer Peter Elikann told NBC Boston.
The defense is reportedly expected to reply next week.
Read’s murder trial ended in a mistrial July 1 when the jury told Judge Beverly Cannone that they were deadlocked. This was the third note from the jury indicating they couldn’t reach a unanimous verdict after five days of deliberations.
The defense filing also cited the Double Jeopardy clause of the Fifth Amendment, which bars prosecuting someone twice for the same crime, Boston 25 News reports. Despite this, the Norfolk County District Attorney’s Office announced their intention to retry Read on the same charges as her first trial.
CBS News reports that defense layer Alan Jackson wrote that the judge didn’t allow Read’s lawyers to speak when the jury last reported they were deadlocked. The court filing stated that Cannone failed to ask the jury foreperson which charges the jury could not agree on.
“Had the Court so inquired, it appears clear that NOT GUILTY verdicts would have been recorded for Count 1 and Count 3. Ms. Read was denied her right to receive those verdicts in her favor,” Jackson wrote.
Read was initially arrested on manslaughter charges after she allegedly hit O’Keefe with her SUV, then left him for dead outside a friend’s residence in Canton. Police said the incident happened after Read had a night out involving drinking.
Read pleaded not guilty to the charges and claimed that she’s been framed. The defense suggested O’Keefe was beaten up inside his friend’s home and bitten by a dog before he left the residence.
The prosecution, however, asserted that Read’s SUV was damaged when she reversed into O’Keefe on Fairview Road. They argued that she left him for dead in a snowbank outside another officer’s home in the early hours of January 29, 2022.
Check back for update.
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[Feature Photo: Karen Read/LinkedIn and John O’Keefe/Police Handout]
