Karen Read’s retrial is underway for week two. She is facing multiple charges, including second-degree murder, vehicular manslaughter while under the influence, and fleeing the scene of a crime. In her first trial, the jury did not come to a unanimous decision, resulting in a mistrial. However, jurors came forward afterward to explain they found her not guilty of two out of the three charges.Â
After this revelation was brought to Karen Read’s defense team, they filed a petition for certiorari, claiming double jeopardy and asking the U.S. Supreme Court to review her case. They explained the jurors allegedly agreed to acquit Read of second-degree murder and fleeing the scene, but were not in agreement on manslaughter. This petition has recently been denied, meaning her retrial will move forward as planned with all charges.Â
Criminal Trial
Karen Read stands trial for the death of her boyfriend, John O’Keefe, who died tragically in a blizzard on the night of January 28, 2022. The prosecution alleges Read drove intoxicated, well over the legal limit, and backed into him with her SUV. After hitting him, they claim she drove away, leaving him to freeze to death. However, Read pleaded not guilty and insists she is being framed by the people who were in the home she dropped him off at.
Week two of Karen Read’s retrial continued Monday, April 28. Ian Whiffin, a digital forensics examiner, kicked it off with expert testimony on the cell phone data gathered by both sides. He showed jurors cell phone data, saying it indicates O’Keefe did not enter the home of the fellow Boston police officer after exiting Read’s car that night.
Cell Phone Data Testimony
Whiffin testified that O’Keefe’s cell phone location data began around 12:20 a.m., when the Waze app was opened on his phone. According to him, O’Keefe’s phone did not stop near the police officer’s home, but on the opposite side of the lawn near the flagpole where his body was found. He analyzed the battery temperature and said it dropped to 37 degrees hours after, showing he never went inside.Â
Whiffin also testified that the health app on O’Keefe’s phone showed he had ‘climbed’ three flights of stairs while in the car, but that is more than likely from hills he drove over. He claimed with certainty around 12:24 a.m. that the phone remained in the area near where O’Keefe’s body was found the following morning.
He also discussed the concern about what Jennifer McCabe searched on her phone. The defense argued McCabe searched “How long ti die in cikd” hours before O’Keefe was found. However, Whiffin went into a detailed timeline of McCabe’s cellphone data and said she searched that at about 6:23 a.m., after Read asked her to.
Jury Dismissed
Whiffin’s testimony was all the jury heard today as Judge Beverly Cannone dismissed them around 12:55 p.m. to handle a defense expert issue. The judge found Karen Read’s defense failed to provide proper witness material to the prosecution during the discovery process. When the court resumed after the jury dismissal, hearings were held to discuss the defense’s witnesses testifying.Â
The Department of Justice and the Norfolk District Attorney’s office hired Daniel Wolfe and Andrew Rentschler from ARCCA. The two testified during Read’s first trial that they did not believe O’Keefe’s death was connected to being hit by an SUV. The prosecution questioned Wolfe and Rentschler about their previous testimony, and the two admitted to receiving information about other witness testimony before taking the stand. However, they claim it did not affect their own. It is unclear whether they will be allowed to testify in the retrial.
The Karen Read retrial is expected to last 8 weeks. CourtTV has been covering Karen Read’s case since the beginning of the investigation. You can watch their live feed or CBS Boston’s coverage of the trial proceedings every day, which starts at 9 a.m. EST.