The case against Karen Read, accused of killing her boyfriend, Boston police officer John O’Keefe, takes a new turn as her legal team appeals to the Massachusetts Supreme Judicial Court. Read’s attorneys are fighting to dismiss charges of second-degree murder and leaving the scene of an accident, claiming double jeopardy and arguing that jurors had actually acquitted her on these charges before the judge declared a mistrial. This new update examines the legal arguments and the potential implications for the upcoming retrial.
Karen Read arrives at Norfolk SuperiorKaren Read arriving at Norfolk Superior Court. (AP Photo/Steven Senne)
The Mistrial and Double Jeopardy Claims
The crux of Read’s appeal centers around the June mistrial, declared after the jury failed to reach a unanimous verdict. Her defense team asserts that five jurors subsequently revealed they had agreed on Read’s innocence on the murder and leaving the scene charges, but were deadlocked solely on a manslaughter count. This undisclosed partial verdict, they argue, constitutes an acquittal, and retrying Read on the same charges would violate the constitutional protection against double jeopardy.
Juror Affidavits and the Tsarnaev Parallel
Read’s lawyers contend that juror affidavits clearly indicate a not-guilty verdict on the disputed charges. They’ve requested an evidentiary hearing to examine this claim, drawing parallels to the Boston Marathon bomber Dzhokhar Tsarnaev case, where an appeals court ordered an investigation into potential juror bias. The defense argues that ignoring such clear juror pronouncements would set a dangerous precedent, effectively denying defendants the right to a fair trial.
Procedural Irregularities in Declaring the Mistrial
Beyond the juror revelations, Read’s defense also points to procedural irregularities in how the mistrial was declared. They allege the judge acted abruptly, without individually confirming each juror’s position on all counts or exploring alternative solutions, like accepting a partial verdict. This lack of due process, they argue, further strengthens their case for dismissal.
The Prosecution’s Counterarguments
The prosecution vehemently opposes dismissing the charges. They emphasize that no formal verdict was announced in open court, a crucial requirement for legal recognition of an acquittal. They argue that this formal process safeguards against juror coercion or misrepresentation and ensures the integrity of the judicial process. The prosecution highlights the jury’s repeated declarations of deadlock before the mistrial, emphasizing that Read had ample opportunity to address any concerns.
Photo of Officer John O'Keefe in uniformOfficer John O’Keefe (Boston Police Department)
The Conflicting Narratives of O’Keefe’s Death
The case hinges on two starkly different narratives of O’Keefe’s death. The prosecution paints Read as a jealous girlfriend who intentionally struck O’Keefe with her SUV after a night of heavy drinking, leaving him to die in the snow. Conversely, the defense portrays Read as a victim of a frame-up, suggesting O’Keefe was killed inside the house where he was last seen and then his body was moved. They claim investigators targeted Read as a convenient scapegoat to avoid implicating fellow law enforcement officers.
The Impact of the Supreme Court Decision
The Supreme Judicial Court’s decision will significantly impact the future of this high-profile case. If the court sides with Read, the murder and leaving the scene charges will be dismissed, leaving only the manslaughter charge for potential retrial. This would drastically alter the prosecution’s strategy and the potential penalties Read faces. However, if the court upholds the lower court’s ruling, the retrial will proceed on all original charges, with Read facing the possibility of a life sentence if convicted of second-degree murder.
Looking Ahead
The upcoming Supreme Court hearing represents a critical juncture in the Karen Read case. The court’s decision will determine whether the focus remains on the original charges or shifts solely to the manslaughter count. This complex legal battle continues to unfold, with the search for justice for John O’Keefe entangled in conflicting accounts and procedural challenges. The nation awaits the Supreme Court’s verdict, which will undoubtedly shape the final chapter of this tragic story.
