BOSTON (AP) — Karen Read returns to court Monday for the first time since her murder case involving her Boston police officer boyfriend ended in a mistrial.
Read is accused of ramming into John O’Keefe with her SUV and leaving him for dead in a snowstorm in January 2022. Her two-month trial ended when jurors declared they were hopelessly deadlocked and a judge declared a mistrial on the fifth day of deliberations.
Jury deliberations during the trial are among the issues likely to be addressed.
In several motions, the defense contends four jurors have said the jury unanimously reached a not-guilty verdict on those two charges. The jurors reported being deadlocked only on the charge of manslaughter while operating a motor vehicle under the influence of alcohol and trying her again for murder would be unconstitutional double jeopardy, they said.
The defense also argues Judge Beverly Cannone abruptly announced the mistrial without questioning the jurors about where they stood on each of the three charges Read faced and without giving lawyers for either side a chance to comment.
Prosecutors described the defense request to drop charges of second-degree murder and leaving the scene of a deadly accident an “unsubstantiated but sensational post-trial claim” based on “hearsay, conjecture and legally inappropriate reliance as to the substance of jury deliberations.”
As they push against a retrial, the defense also wants the judge to hold a “post-verdict inquiry” and question all 12 jurors if necessary to establish the record they say should have been created before the mistrial was declared, showing jurors “unanimously acquitted the defendant of two of the three charges against her.”
After the mistrial, Cannone ordered the names of the jurors to not be released for 10 days. She extended that order indefinitely Thursday after one of the jurors filed a motion saying they feared for their own and their family’s safety if the names are made public. The order does not preclude a juror from coming forward and identifying themselves, but so far none have done so.
Prosecutors argued the defense was given a chance to respond and, after one note from the jury indicating it was deadlocked, told the court there had been sufficient time and advocated for the jury to be declared deadlocked. Prosecutors wanted deliberations to continue, which they did before a mistrial was declared the following day.
“Contrary to the representation made in the defendant’s motion and supporting affidavits, the defendant advocated for and consented to a mistrial, as she had adequate opportunities to object and instead remained silent which removes any double jeopardy bar to retrial,” prosecutors wrote in their motion.
Read, a former adjunct professor at Bentley College, had been out drinking with O’Keefe, a 16-year member of the Boston police who was found outside the Canton home of another Boston police officer. An autopsy found O’Keefe died of hypothermia and blunt force trauma.
The defense contended O’Keefe was killed inside the home after Read dropped him off and that those involved chose to frame her because she was a “convenient outsider.”
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