Lawyers for Read argue for dismissal on 2 of 3 charges

Less than a week after a Norfolk Superior Court judge declared a mistrial in the murder case against Karen Read, attorneys for Read launched a formal request to have two of the three charges against her dismissed, claiming she should have already been acquitted based on the accounts of some of the jurors.

While prosecutors have made it clear that they intend to re-try the case, Read’s attorneys, in a new motion filed earlier this week, claim that the jurors were in unanimous agreement that Read — who stands accused of killing her boyfriend, Boston Police Officer and Canton resident John O’Keefe — was not guilty of the most severe charge, second-degree murder, as well as the third charge of leaving the scene of a fatal accident. The only disagreement, they said, was over the second charge of manslaughter while operating under the influence.

Read’s attorneys are basing their claims on the direct account of one juror, who allegedly told Attorney Alan Jackson in “emphatic” terms that the murder charge was “off the table” for all 12 jurors, as well as second- and third-hand accounts from two informants — one who provided screenshots of text messages allegedly exchanged with a different juror, and another who relayed what a third juror had allegedly told a mutual friend.

In contrast to the claims made in the new defense motion, the note that the jury delivered to Judge Beverly Cannone last week made no mention of an agreement on any specific charges but instead spoke broadly about their “starkly divided” stance on whether prosecutors had met their burden of proof to establish the “elements of the charges.”

Jackson, however, in an accompanying affidavit, said that Cannone never asked the jury whether they had reached an agreement on any of the counts before declaring a mistrial, nor did she allow the defense to make such an inquiry.

In a statement issued Monday, the Norfolk District Attorney’s Office indicated that it was reviewing the defense motion and anticipated filing a response, adding, “We look forward to picking a new trial date on July 22.”

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Posted by Jay Turner on Jul 12 2024. Filed under News, Police & Fire. Both comments and pings are currently closed.