Karen readElizabeth’s defense team said the state’s continued push for conviction in the death of her Boston police officer boyfriend, John O’Keefe, is “grossly unfair.” This was after the Commonwealth opposed Read’s motion to dismiss.
In new documents filed Tuesday in Norfolk Superior Court, Read’s team said a new trial “should not be allowed.”
The defense said a second trial could increase the financial and emotional burden on the accused offender and could even increase the risk of an innocent defendant being convicted.
Boston 25 legal analyst Peter Elikann weighed in on the back and forth between the defense and prosecution.
“I think it’s a genuine, genuine request on the part of the defense,” Elikann said. “The defense truly believes that if the jury reached a unanimous verdict on two of the counts, they would want it to be honored.”
Elikann said that’s where the battle lines are drawn.
The defense claims four deliberative jurors say all 12 were found not guilty on two of the three charges against her, second-degree murder and leaving the scene of a fatal accident.
The defense added that it would be wrong to demand that Read obtain two acquittals from two different juries for the same crime, given the post-trial evidence.
“Of course the prosecution disputes this. They say it’s too late and besides, it’s just a rumor,” Elikann said.
Promoters opposed the defense’s original motion to dismiss last week. The Commonwealth said the “baseless and sensational” claim made by the defense “lacks any merit or legal foundation.”
The Norfolk District Attorney’s Office also said the defense’s motion to dismiss is “based on hearsay, conjecture and legally inadequate reliance on the content of the jury’s deliberations.”
Elikann added context: “The defense would like this to be respected so that the defendant would not have to try to be acquitted a second time and this would be considered double jeopardy according to the defense. Therefore, the judge may grant the defense’s motion or clarify whether the jury actually reached a definitive verdict or whether the judge may decide to rule against it.”
Elikann said there are ways to get answers.
“One is to call the jury back for a non-public hearing so the judge can hear from them firsthand whether they all reached a unanimous verdict or whether the court could somehow officially contact each juror by through a form of a sworn statement or some other type of official communication”, explained Elikann.
Read’s lawyers also argued that they were not given the opportunity to contest the judge’s annulment decision.
“This was somewhat atypical and unusual that it was somehow not communicated, that they were deadlocked on some issues and reached a real verdict on other counts, because that would certainly be allowed,” Elikann said.
Read is accused of killing O’Keefe by hitting him with his SUV and leaving him in a Canton snowstorm in January 2022.
Prosecutors said Read and O’Keefe were drinking heavily before she left him at a party at the home of Brian Albert, a fellow officer. They said she hit him with her SUV before driving away.
The defense sought to portray Read as the victim, saying O’Keefe was killed inside Albert’s home and then dragged outside and left for dead.
Read and his defense team are due back in court on Monday, July 22.
A new trial date can then be chosen.
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