In a new court filing, defense attorneys said Tuesday that the retrial of Karen Read “should not be allowed,” calling the state’s continued push for a conviction in the death of her Boston police officer boyfriend John O’Keefe “grossly unfair.”
Read’s attorney team made the statements in a filing in Dedham’s Norfolk Superior Court, where last they filed a motion with Judge Beverly Cannone to dismiss two of three criminal charges against Read, including second-degree murder, claiming that four jurors came forward to notify them that the jury found Read “not guilty” during their secret deliberations.
“According to information from four deliberating jurors, the jury had reached a unanimous decision that Ms. Read is not guilty on two of the three charges pending against her, namely Counts 1 and 3,” the defense stated in Tuesday’s filing. “The Commonwealth’s insistence that Ms. Read must nonetheless be ‘forced to run the gantlet’ once more is based on several clear fallacies.”
Read’s two-month trial ended in a mistrial on July 1 after deadlocked jurors sent a note to Cannone indicating they were at an “impasse” and future deliberations would be futile.
“Even if the first trial is not completed, a second prosecution may be grossly unfair. It increases the financial and emotional burden on the accused of wrongdoing, and may even enhance the risk that an innocent defendant may be convicted,” the defense added in its latest filing. “Given the unambiguous post-trial evidence, it would simply be wrong to require the defendant to obtain two acquittals from two different juries for the same crime.”
The Norfolk District Attorney’s Office has repeatedly said that it plans to retry Read and a new trial date could be scheduled as soon as July 22.
“The underlying idea of the Constitutional protection against Double Jeopardy, one that is deeply ingrained in at least the Anglo-American system of jurisprudence, is that the state with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense,” the defense argued.
Lawyers also argued that they weren’t allowed an opportunity to contest Cannone’s mistrial ruling.
“The defense was provided no opportunity to be heard regarding the declaration of a mistrial,” the filing stated. “Rather, upon receiving the final jury note…The court declared a mistrial with no warning to or solicitation of objections from the parties.”
‘Grossly unfair’: Retrial of Karen Read ‘should not be allowed,’ defense says in new court filing by Boston 25 Desk on Scribd
Prosecutors in the murder case filed documents last week in opposition to the defense’s post-trial motion to dismiss Read’s criminal charges.
The “unsubstantiated and sensational” claim made by defense attorneys Alan Jackson and David Yanneti indicating the “jury reached a unanimous decision to acquit” Read on second-degree murder and leaving the scene of fatal crash charges “lacks any merit or legal foundation,” the Commonwealth wrote in the documents.
The DA’s office also said the defense’s motion to dismiss is “premised upon hearsay, conjecture, and legally inappropriate reliance as to the substance of jury deliberations.”
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.
Before the jury enters, Judge Beverly J. Cannone, right, speaks to the defense and prosecution during the Karen Read trial at the Norfolk Superior Court in Dedham, Mass., Monday, July 1, 2024. This is their fifth day of deliberations in the murder trial for Read. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe, and leaving him to die in a blizzard in Canton, in 2022. (Pat GreenhouseThe Boston Globe via AP, Pool)
Judge Beverly J. Cannone speaks in Norfolk Superior Court, on their fifth day of deliberations in the murder trial for Karen Read in Dedham, Mass., Monday, July 1, 2024. (Pat Greenhouse/The Boston Globe via AP, Pool)
Karen Read talks with her legal team at the Norfolk Superior Court in Dedham, Mass., Monday, July 1, 2024. This is their fifth day of deliberations in the murder trial for Read. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe, and leaving him to die in a blizzard in Canton, in 2022. (Pat Greenhouse/The Boston Globe via AP, Pool)
Karen Read stands as jurors depart the court for the weekend at the trial of Read at Norfolk Superior Court, Friday, June 28, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor’easter and leaving him for dead after a night of heavy drinking. (AP Photo/Charles Krupa, Pool)
Karen Read, center, arrives at Norfolk Superior Court, Monday, July 1, 2024, in Dedham, Mass. Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. The jury began deliberations in the trial Tuesday, June 25. (AP Photo/Steven Senne)
Karen Read, center, arrives at Norfolk Superior Court, Monday, July 1, 2024, in Dedham, Mass. Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. The jury began deliberations in the trial Tuesday, June 25. (AP Photo/Steven Senne)
All stand as the jury files out to the courtroom, to start their fifth day of deliberations in the murder trial for Karen Read in Norfolk Superior Court in Dedham, Mass., Monday, July 1, 2024. (Pat Greenhouse/The Boston Globe via AP, Pool)
Karen Read, center, arrives at Norfolk Superior Court, Monday, July 1, 2024, in Dedham, Mass. Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. The jury began deliberations in the trial Tuesday, June 25. (AP Photo/Steven Senne)
Karen Read looks toward the jurors, as they are greeted by Judge Beverly J. Cannone at Norfolk Superior Court in Dedham, Mass., Monday, July 1, 2024. This is their fifth day of deliberations in the murder trial for Read. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe, and leaving him to die in a blizzard in Canton, in 2022. (Pat Greenhouse/The Boston Globe via AP, Pool)
Karen Read stands as jurors depart the court to continue with deliberations at the trial of Read at Norfolk Superior Court, Friday, June 28, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor’easter and leaving him for dead after a night of heavy drinking. (AP Photo/Charles Krupa, Pool)
Karen Read watches as jurors are seated in court to continue with deliberations at the trial of Read at Norfolk Superior Court, Friday, June 28, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor’easter and leaving him for dead after a night of heavy drinking. (AP Photo/Charles Krupa, Pool)
Karen Read, left, arrives with her defense team, including Elizabeth Little at right, at Norfolk Superior Court, Friday, June 28, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor’easter and leaving him for dead after a night of heavy drinking. A jury is deliberating Read’s fate, as her trial is nearing its end. (AP Photo/Charles Krupa)
Karen Read watches as jurors are seated in court to continue with deliberations at the trial of Read at Norfolk Superior Court, Friday, June 28, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor’easter and leaving him for dead after a night of heavy drinking. (AP Photo/Charles Krupa, Pool)
Karen Read gets a long hug from her dad William before the jury breaks for lunch at Norfolk Superior Court in Dedham, Mass., Wednesday June 26, 2024. (Greg Derr/The Patriot Ledger via AP, Pool)
Karen Read, center, arrives at Norfolk Superior Court, while walking near defense attorney David Yannetti, right, Thursday, June 27, 2024, in Dedham, Mass. Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. The jury began deliberations in the trial Tuesday. (AP Photo/Steven Senne)
Karen Read, left, stands in a doorway near defense attorney David Yannetti, center, as they depart Norfolk Superior Court, Thursday, June 27, 2024, in Dedham, Mass. Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. The jury began deliberations in the trial Tuesday. (AP Photo/Steven Senne)
Karen Read arrives at Norfolk Superior Court, Thursday, June 27, 2024, in Dedham, Mass. Read is on trial, accused of killing her boyfriend Boston police officer John O’Keefe, in 2022. The jury began deliberations in the trial Tuesday. (AP Photo/Steven Senne)
Karen Read arrives at Norfolk Superior Court, Thursday, June 27, 2024, in Dedham, Mass. Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. The jury began deliberations in the trial Tuesday. (AP Photo/Steven Senne)
Karen Read listens as Judge Beverly J. Cannone greets the jury, at the start of the third day of deliberations in her murder trial, in Norfolk Superior Court on Thursday, June 27, 2024 in Dedham, Mass. Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. (Pat Greenhouse/The Boston Globe via AP, Pool)
Karen Read speaks with her attorney, Alan Jackson as the jury leaves the courtroom to start their third day of deliberations, in her murder trial, in Norfolk Superior Court on Thursday, June 27, 2024 in Dedham, Mass. Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. (Pat Greenhouse/The Boston Globe via AP, Pool)
Karen Read speaks with her lawyer as the jury deliberates in her murder trail, Wednesday June 26, 2024, at Norfolk Superior Court in Dedham, Mass. Read is charged with second-degree murder in the January 2022 death of her boyfriend Boston Police Officer John O’Keefe. (Greg Derr/The Patriot Ledger via AP, Pool)
Karen Read watches as the jury enters the courtroom for the start of the second day of deliberation at Norfolk Superior Court in Dedham, Mass., Wednesday June 26, 2024. (Greg Derr/The Patriot Ledger via AP)
Karen Read speaks with her lawyer as the jury deliberates in her murder trail, Wednesday June 26, 2024, at Norfolk Superior Court in Dedham, Mass. Read is charged with second-degree murder in the January 2022 death of her boyfriend Boston Police Officer John O’Keefe. (Greg Derr/The Patriot Ledger via AP, Pool)
Karen Read awaits the juries verdict in her murder case at Norfolk Superior Court in Dedham, Mass., Wednesday June 26, 2024. (Greg Derr/The Patriot Ledger via AP)
Alan Jackson, From left, Liza Little, defendant Karen Read and David Yanetti wait for a question from the jury as the jury deliberates in Read’s murder trail, Wednesday June 26, 2024, at Norfolk Superior Court in Dedham, Mass. Read is charged with second-degree murder in the January 2022 death of her boyfriend Boston Police Officer John O’Keefe. (Greg Derr/The Patriot Ledger via AP, Pool)
Judge Beverly Cannone looks over the verdict slip the jurors have to fill out when they reach a verdict in Karen Read’s murder trail, Wednesday June 26, 2024, at Norfolk Superior Court in Dedham, Mass. The defense has asked for some modifications. Read is charged with second-degree murder in the January 2022 death of her boyfriend Boston Police Officer John O’Keefe. (Greg Derr/The Patriot Ledger via AP, Pool)
Karen Read, center, departs Norfolk Superior Court, Wednesday, June 26, 2024, in Dedham, Mass. Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. The jury began deliberations in the trial Tuesday. (AP Photo/Steven Senne)
Defense attorneys in Karen Read murder trial argue with judge over jury verdict slip
Karen Read, center, departs Norfolk Superior, Tuesday, June 25, 2024, in Dedham, Mass. Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. Jury deliberations began in the trial Tuesday afternoon. (AP Photo/Steven Senne)
Karen Read arrives at Norfolk Superior Court, Wednesday, June 26, 2024, in Dedham, Mass. Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. The jury began deliberations in the trial Tuesday. (AP Photo/Steven Senne)
Karen Read, center, arrives at Norfolk Superior Court with her father William Read, left, Tuesday, June 25, 2024, in Dedham, Mass. Karen Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. (AP Photo/Steven Senne)
Carol Kelly, of Canton, Mass., below right, waves a pink and white American flag in support of Karen Read while Gail White, of Canton, left, holds a sign, a block from Norfolk Superior Court, Tuesday, June 25, 2024, in Dedham, Mass. Karen Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. (AP Photo/Steven Senne)
Lisa Hoffman, of Mansfield, Mass., right, displays a sign in support of Karen Read that features a likeness of a Massachusetts license plate, while seated a block away from Norfolk Superior Court, Tuesday, June 25, 2024, in Dedham, Mass. Karen Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. (AP Photo/Steven Senne)
Karen Read arrives at Norfolk Superior Court with her father William Read, center left, Tuesday, June 25, 2024, in Dedham, Mass. Karen Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. (AP Photo/Steven Senne)
Supporters of Karen Read display signs and a banner a block away from Norfolk Superior Court, Tuesday, June 25, 2024, in Dedham, Mass. Karen Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. (AP Photo/Steven Senne)
Supporters of Karen Read listen to proceedings from Read’s trial from a laptop computer while gathered a block away from Norfolk Superior Court, Tuesday, June 25, 2024, in Dedham, Mass. Karen Read is on trial accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. (AP Photo/Steven Senne)
Karen Read, center, arrives at Norfolk Superior Court with her father William Read, Tuesday, June 25, 2024, in Dedham, Mass. Karen Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. (AP Photo/Steven Senne)
Laura McGillis, of Attleboro, Mass., a supporter of Karen Read, waves to passing cars a block away from Norfolk Superior Court, Tuesday, June 25, 2024, in Dedham, Mass. Karen Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. (AP Photo/Steven Senne)
Eva Jenkins, of Bourne, Mass., left, a supporter of Karen Read, waves to passing cars as other supporters place a banner, right, a block away from Norfolk Superior Court, Tuesday, June 25, 2024, in Dedham, Mass. Karen Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. (AP Photo/Steven Senne)
Karen Read, center right, arrives at Norfolk Superior Court with her father William Read, center left, Tuesday, June 25, 2024, in Dedham, Mass. Karen Read is on trial, accused of killing her boyfriend Boston police Officer John O’Keefe, in 2022. (AP Photo/Steven Senne)
Some witnesses are in the courtroom on Tuesday include Brian Albert, Colin Albert, and Jennifer McCabe.
Karen Read listens to family members, after the jury is dismissed at the end of the evidence phase of her murder trial at Norfolk Superior Court, in Dedham, Mass., Monday, June 24, 2024. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe, and leaving him to die in a blizzard in Canton, in 2022. (Pat Greenhouse/The Boston Globe via AP, Pool)
After the defense’s last witness, Judge Beverly J. Cannone speaks to the jury during the murder trial for Karen Read at Norfolk Superior Court, in Dedham, Mass., Monday, June 24, 2024. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe, and leaving him to die in a blizzard in Canton, in 2022. (Pat Greenhouse/The Boston Globe via AP, Pool)
Karen Read
Retired forensic pathologist Dr. Frank Sheridan (not shown) is questioned by defense attorney Elizabeth Little during the murder trial for Karen Read at Norfolk Superior Court, in Dedham, Mass., Monday, June 24, 2024. (Pat Greenhouse/The Boston Globe via AP, Pool)
Karen Read, center, stands amid her lawyers during a break in proceedings during Read’s trial in Norfolk Superior Court, Friday, June 21, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor’easter and leaving him for dead after a night of heavy drinking. (AP Photo/Josh Reynolds, Pool)
Karen Read, center, and her defense lawyers Alan Jackson, left, and David Yannetti, right, listen as the prosecution questions their witness Dr. Marie Russell, during Read’s trial in Norfolk Superior Court, Friday, June 21, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor’easter and leaving him for dead after a night of heavy drinking. (AP Photo/Josh Reynolds, Pool)
Karen Read, center, listens as the prosecutor questions Dr. Marie Russell, during Read’s trial in Norfolk Superior Court, Friday, June 21, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor’easter and leaving him for dead after a night of heavy drinking. (AP Photo/Josh Reynolds, Pool)
Karen Read, center, reacts to testimony from Dr. Irini Scordi-Bello, a medical examiner for the state’s medical examiner’s office during Read’s trial in Norfolk Superior Court, Friday, June 21, 2024, in Dedham, Mass. (AP Photo/Josh Reynolds, Pool)
Karen Read, center, reacts to testimony from Dr. Irini Scordi-Bello, a medical examiner for the state’s medical examiner’s office during Read’s trial in Norfolk Superior Court, Friday, June 21, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor’easter and leaving him for dead after a night of heavy drinking. (AP Photo/Josh Reynolds, Pool)
Karen Read, center, listens to testimony during her murder trial in Norfolk Superior Court, Friday, June 21, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor’easter and leaving him for dead after a night of heavy drinking. (AP Photo/Josh Reynolds, Pool)
Karen Read, center, sits in court with her legal team during her trial at Norfolk County Superior Court, Thursday, June 20, 2024, in Dedham, Mass. Read is accused of backing her SUV into her Boston Police officer boyfriend, John O’Keefe, and leaving him to die in a blizzard in Canton, in 2022. (David McGlynn/The Patriot Ledger via AP, Pool)
Karen Read, center right, is seated Monday, June 10, 2024, in Norfolk Super Court, in Dedham, Mass., during her trial on charges in connection with the 2022 death of her boyfriend, Boston police Officer John O’Keefe. (Kayla Bartkowski/The Boston Globe via AP, Pool)
Karen Read is seated Monday, June 10, 2024, in Norfolk Super Court, in Dedham, Mass., during her trial on charges in connection with the 2022 death of her boyfriend, Boston police Officer John O’Keefe. (Kayla Bartkowski/The Boston Globe via AP, Pool)
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