The Massachusetts judge overseeing the high-profile murder trial of Karen Read has denied a defense motion to dismiss two key charges, including murder, paving the way for the case to be retried in January. This follows a mistrial earlier this summer after jurors were unable to reach a unanimous verdict.
Karen Read, 44, is accused of killing her boyfriend, Boston police officer John O’Keefe, 46, by allegedly hitting him with her SUV and leaving him to die in a snowbank. She has pleaded not guilty to charges of second-degree murder, manslaughter while under the influence of alcohol, and leaving the scene of a deadly crash.
The initial two-month trial concluded in July when the jury informed the court multiple times that they were deadlocked during deliberations. After five days of unsuccessful attempts to reach a verdict, Judge Beverly Cannone declared a mistrial. O’Keefe, a 16-year veteran of the Boston Police Department, was found dead on January 29, 2022, outside the Canton home of Brian Albert, a retired Boston officer who had hosted a house party that evening.
Investigators reported that O’Keefe had sustained multiple head injuries, including a fractured skull and brain hemorrhage, and also suffered from hypothermia. Prosecutors have argued that Read, in an act of domestic violence, struck O’Keefe with her vehicle while intoxicated and fled the scene, leaving him to succumb to his injuries.
Read's defense team has countered these claims, alleging that she was framed by corrupt officials attempting to cover up O’Keefe's murder by other individuals. They have accused the prosecution of presenting fabricated evidence and false testimony to wrongfully implicate Read. The defense also raised concerns about conflicts of interest that they believe tainted the investigation into O’Keefe’s death.
The defense sought to have two of the three charges dismissed, citing statements from several jurors who indicated that the jury had unanimously reached a "not guilty" verdict on the charges of second-degree murder and leaving the scene. The defense argued that retrying Read on these charges would violate her constitutional protection against double jeopardy. However, Judge Cannone ruled that the jury had not officially informed the court of reaching a verdict on any of the charges during their deliberations.
In her decision on Thursday, Judge Cannone stated, "After careful consideration, this court concludes that because the defendant was not acquitted on any of the charges and defense counsel consented to the court’s declaration of a mistrial, double jeopardy is not implicated by the retrial of the defendant." Consequently, the motion to dismiss the case against Read was denied.
Read's legal team has expressed their intention to appeal the ruling. "We respectfully but strongly disagree with the cornerstones of today’s rulings and fully intend an appeal to assert and uphold Ms. Read’s rights under the double jeopardy clause," Read's attorney, Martin G. Weinberg, said in a statement to local news outlet WCVB.
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