Karen Read Murder Trial: New Update on Double Jeopardy Appeal

The case of Karen Read, accused of killing her Boston police officer boyfriend John O’Keefe, takes a new turn as her defense team escalates their fight against double jeopardy. Following a mistrial in summer 2022, Read’s attorneys have petitioned the Massachusetts Supreme Judicial Court to dismiss the charges of second-degree murder and leaving the scene of an accident. This new appeal centers on claims that the jury had actually acquitted Read on these charges before the mistrial was declared.

FILE — Karen Read departs Norfolk Superior Court following jury selection in her trial, Wednesday, April 17, 2024, in Dedham, Mass. (AP Photo/Steven Senne, File)

The Mistrial and the Jurors’ Claims

The initial trial ended in a mistrial after the jury failed to reach a unanimous verdict. However, Read’s defense asserts that five jurors subsequently revealed they had agreed on acquittal for the murder and leaving the scene charges, deadlocking only on the manslaughter count. This information, they argue, was not communicated to the judge before the mistrial was declared.

The Double Jeopardy Argument

Read’s attorney, Martin Weinberg, contends that retrying her on the murder and leaving the scene charges constitutes double jeopardy, a violation of the Fifth Amendment. He argues that a retrial is unconstitutional, even if all 12 jurors didn’t officially attest to the acquittal on those specific charges. Weinberg highlights the high-profile nature of the case, suggesting it’s unlikely the remaining jurors would have remained silent if the five jurors’ statements were inaccurate.

The Prosecution’s Response and Upcoming Trial

The Norfolk District Attorney’s Office has until October 16th to respond to the defense’s petition. Prosecutors previously argued against dismissing the charges, calling the post-trial claims unsubstantiated and based on hearsay. They maintain that the jury never officially declared a verdict on any charge and that the defense had ample opportunity to object to the mistrial. A new trial is currently scheduled for January 2025.

The Conflicting Narratives of the Night in Question

The prosecution paints a picture of a night of heavy drinking, culminating in Read intentionally striking O’Keefe with her SUV outside a party and leaving him to die in the snowstorm. The autopsy attributed O’Keefe’s death to hypothermia and blunt force trauma.

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Conversely, the defense portrays Read as a victim of a frame-up. They allege O’Keefe was killed inside the house and his body later moved. They suggest investigators targeted Read as a convenient scapegoat to avoid scrutinizing fellow law enforcement officers.

Controversies Surrounding the Investigation

The case has been marred by controversy surrounding the conduct of some investigators. Lead investigator State Trooper Michael Proctor was relieved of duty after sending vulgar text messages about Read to colleagues and family. His supervisor, Sgt. Yuri Bukhenik, also faced disciplinary action for failing to reprimand Proctor. Furthermore, Canton Police Det. Kevin Albert, brother of the party host, received a reprimand for drinking on the job with Proctor. These revelations raise questions about the integrity of the investigation.

The Defense’s Procedural Argument

Beyond the double jeopardy claim, the defense also criticizes the judge’s handling of the mistrial declaration, arguing it was abrupt and lacked individual juror confirmation of their conclusions on each count. This procedural issue further complicates the legal battle surrounding the case.

What’s Next for Karen Read?

The Massachusetts Supreme Judicial Court’s decision on the double jeopardy appeal will be pivotal for Karen Read’s future. If the court rules in her favor, the murder and leaving the scene charges could be dismissed permanently. However, if the appeal is denied, she will face a new trial in January, once again fighting to clear her name. The upcoming weeks will be crucial as both sides present their arguments, leaving the court to decide the fate of this complex and controversial case.

Conclusion: A Case Rife with Uncertainty

The Karen Read case presents a tangled web of conflicting accounts, controversial evidence, and procedural challenges. The double jeopardy appeal adds another layer of complexity to this already high-stakes legal battle. As the court weighs the arguments, the central question remains: Will Karen Read be retried for the death of John O’Keefe, or will the charges be dismissed, leaving lingering questions about the truth behind that fateful night? The legal community and the public alike await the court’s decision with bated breath.