Attorneys for Karen Read have filed a motion with the Massachusetts Supreme Judicial Court to dismiss two charges related to the death of her boyfriend, Boston police officer John O’Keefe. This legal action follows a previous motion by prosecutors arguing that the charges of second-degree murder and leaving the scene should not be dropped, leaving only the manslaughter charge.
Read is accused of striking O’Keefe with her SUV and leaving him in the snow during a storm in January 2022. Her defense argues that she is being wrongfully accused and asserts that other law enforcement officers may be responsible for O’Keefe’s death. After a mistrial was declared in June due to a deadlocked jury, a retrial is scheduled for January.
The defense’s brief contends that retrying Read on the charges of second-degree murder and leaving the scene would violate the principle of double jeopardy. They claim that five jurors expressed after the mistrial that they were only deadlocked on the manslaughter charge and believed Read was not guilty of the other charges. The defense requests an evidentiary hearing based on affidavits from these jurors, which they argue show a clear decision of not guilty on the other counts.
Referencing the case of Dzhokhar Tsarnaev, the defense highlights the need for a thorough inquiry into juror biases and alleged verdicts. They criticize the judge’s handling of the mistrial, asserting that jurors were not asked to confirm their decisions on individual charges.
In response, prosecutors maintain that the charges should not be dismissed, citing that the jury communicated multiple times about being deadlocked and that there was no official verdict of acquittal. They emphasize the importance of formal juror announcements to ensure fairness in the trial process.
Both parties agree that Read and O’Keefe had been drinking before the incident, with the prosecution asserting that O’Keefe died from hypothermia and blunt force trauma after being hit. The defense, however, claims that O’Keefe was killed at a party and then moved outside, suggesting that investigators focused on Read as a convenient suspect rather than considering other officers.
As the legal battle continues, the court’s decision on the dismissal motion could significantly impact the forthcoming retrial.
