Lawyers for Karen Read filed a motion to dismiss two of the three criminal charges that she faces in connection with the death of her Boston police officer boyfriend John O’Keefe.
Trooper Michael Proctor, lead investigator in Karen Read case, suspended without pay
Read’s defense team states it received “unsolicited communications” from three of the 12 jurors who deliberated in her first trial, “indicating in no uncertain terms that the jury had a firm 12-0 agreement that Ms. Read was not guilty of two of the three charges against her, including the charge of murder in the second degree.”
The filing states that the jury also unanimously believed that Read was not guilty of count three, which is leaving the scene of a fatal crash.
“It was not guilty on second degree…No one thought she hit him on purpose or even thought she hit him on purpose,” one juror told the defense team, court documents indicated. Another juror added that there was “no consideration for murder 2″ and Read “should’ve been acquitted.”
Read’s first trial ended with a mistrial last Monday when the jury sent a note to Judge Beverly Cannone indicating they were at an “impasse” and future deliberations would be futile. It was the third note the jury sent stating they could not reach a unanimous decision during the five days of deliberations.
The defense filing references the Double Jeopardy clause in the Fifth Amendment to the United States Constitution that prohibits anyone from being prosecuted twice for substantially the same crime.
The Norfolk County District Attorney’s Office immediately announced plans to retry Read on the same counts she faced in her first trial.
After Monday’s filing, a spokesperson for District Attorney Michael W. Morrissey’s office said, “The Norfolk DA’s Office is examining the motion in anticipation of filing a response. We look forward to picking a new trial date on July 22.
Judge Beverly Cannone also ordered an impoundment of the jurors list on Monday.
Read the full filing below:
Read is accused of killing O’Keefe by striking him with her SUV and leaving him in a snowstorm in Canton in January 2022.
Prosecutors said Read and O’Keefe had been drinking heavily before she dropped him off 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 actually killed inside Albert’s home and then dragged outside and left for dead.
Good morning everyone. New filings on Masscourts.
I’ll let you know if/when the paperwork becomes publicly available. pic.twitter.com/Wwb8dImEBF— Ted Daniel (@TedDanielnews) July 8, 2024
This is a developing story. Check back for updates as more information becomes available.
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