Karen Read’s defense appeared in the Massachusetts Supreme Judicial Court on November 6, 2024, to appeal Judge Beverly Cannone’s denial of Read’s motion to dismiss two of her three criminal charges. Read was charged with second-degree murder, vehicular manslaughter while under the influence, and fleeing the scene of a crime in connection to her boyfriend’s death. Her trial lasted almost three weeks, with five days of jury deliberation. A mistrial was declared by the judge after the jury was unable to reach a unanimous decision. However, members of the jury came forward to explain they found Read not guilty of the murder and fleeing charges. Karen Read’s retrial is supposed to begin at the end of January 2025.
The Crime
On January 28, 2022, Karen Read and her boyfriend, John O’Keefe, went bar-hopping before Read dropped him off at a police buddy’s house late at night. The prosecution argues that Read was driving intoxicated well over the legal limit When they made it to the house, O’Keefe got out of the car, and Read allegedly backed into him with her SUV, knocking him unconscious. She fled the scene and left him to freeze to death. While the prosecution believes Read is guilty of all charges against her, the defense argues it is a massive cover-up. The defense’s theory is that O’Keefe’s fellow Boston Police Officers had killed him and dragged him into the snow, where he died.
Supreme Court Hearing
Karen Read’s attorney, Martin Weinberg, told the judges, “Today’s appeal goes to the core issues regarding double jeopardy protection that safeguards defendants, in this case, Ms. Read, from the risk of reprosecution for the very same offenses for which a prior jury was discharged.” Weinberg continued to explain that members of the jury were deadlocked on the manslaughter charge but had agreed Read was not guilty of the other two charges. The jury was unsure of how to explain their position to the judge, so they informed the defense after the mistrial was declared. The defense is requesting an evidentiary hearing for the jurors to testify whether they had reached not guilty verdicts.
The Massachusetts Supreme Court Judges pushed back hard on the defense’s request. They questioned the merits of Weinberg’s request and if it would lead to this happening with future trials. Justice Scott Kafker insisted, “There is no inkling in that they have reached verdicts on charges or that this only relates to the second charge.” However, Weinberg argued Judge Cannone’s decision to declare a mistrial was abrupt and did not give the defense time to be heard. Associate Justice Serge Georges implied that an experienced defense team should have seen the mistrial coming or at least anticipated it after the jury came back undecided the first time.
Final Thoughts
Karen Read’s defense team filed a motion to drop two criminal charges in her case to avoid double jeopardy. From the judge’s perspective, Read’s defense attorney, David Yannetti, consented to a mistrial. CBS reported that Judge Cannone wrote in her ruling, “Because the defendant was not acquitted of any charges and defense counsel consented to the Court’s declaration of a mistrial, double jeopardy is not implicated by retrial of the defendant.”
Read has maintained her innocence since day one. She pleaded not guilty to all charges and claimed that she was being framed. The defense is painting her as a victim and a “convenient outsider.” By focusing on her, the investigators did not have to strain relationships with the Boston Police Department by incriminating their officers. A new trial date has been scheduled for January 27, 2025, but both sides have requested it be delayed to April 1.
