DEDHAM – A Dedham Superior Court judge heard arguments Friday about whether Karen Read should be retried on murder and hit-and-run charges in connection with the death of her boyfriend, a police officer, but made no immediate decision.
During the hour-long hearing, Judge Beverly Cannone heard arguments about whether to dismiss two of the three counts against Read, 44, of Mansfield, but did not ask the attorneys any questions. She deliberated on the motion filed by Read’s attorneys and gave no indication of when she would make a decision.
After two months of hearing testimony in the high-profile case, the jury in Read’s trial failed to reach a verdict last month.
She is accused of intentionally driving her Lexus SUV into her boyfriend, Boston police officer John O’Keefe, after a night of drinking at various bars on January 29, 2022, and leaving him to die in a snowstorm.
Because the 12-member jury repeatedly pointed out that it had not reached a decision, Cannone declared the trial void on July 1. Since then, however, four jurors have contacted them and a fifth has spoken to them through an intermediary to tell them that the panel had reached a partial verdict but did not know how to proceed, Read’s lawyers say.
The lawyer said they were told the jury had unanimously acquitted Read of the charges of first-degree murder and driving while causing bodily injury or death, but could not agree on the charge of intoxicated manslaughter.
During his argument, Boston defense attorney Martin Weinberg argued that Read should not be retried for murder and fleeing the scene because there is now “undisputed evidence” that the jury did indeed return a partial verdict. He said the prosecution received a voicemail and emails from jurors confirming the defense’s findings.
“Now we have evidence that the jury was not deadlocked,” Weinberg said, arguing that re-indicting Read on both counts would violate the plea bargain clause.
The defense attorney said the jury was only undecided on the manslaughter charge and had the option to consider “less serious charges” such as manslaughter and intoxicated manslaughter. He asked the judge to order a hearing to question the jury if she did not accept the attorneys’ affidavits.
“Don’t make Ms. Read the first person in Commonwealth history to be charged with murder again by the same prosecutor who tried her once before and failed to convince the jury of her guilt,” Weinberg said.
The stakes are high for Read, a former financial analyst and adjunct college professor, because if she is tried and convicted again for second-degree murder, she faces a maximum sentence of life in prison with the possibility of parole. Manslaughter while driving while under the influence carries a maximum sentence of 20 years in prison.
But prosecutors announced they would retry Read, and during the hearing, Assistant District Attorney Adam Lally urged the judge not to drop the two charges as the defense had requested.
“There was no verdict in this case,” Lally said.
He argued that it was clear from the notes the jury received during its deliberations that the disagreement was on all counts of the charge, and not just on manslaughter or less serious charges contained therein, as the defense claimed.
Lally said the jury did not indicate in any of its communications to the judge that it had already made a decision, nor did it fill out any verdict statements.
The prosecutor also opposed holding a hearing to question the jury about its decision, saying it was not required by law.
“Ask them how they voted or how they voted is an interference with that deliberative process,” Lally said.
He said the defense had ample opportunity to object to the court’s finding of mistrial and that the jury may have been exposed to outside influences in the weeks since the case closed.
When she appeared for the hearing, Read was greeted outside the courthouse by her pink-clad supporters and blue-clad protesters who accused her of guilt. Her supporters chanted “Free Karen Read” while her critics chanted “Lock up Read,” as seen in video obtained by Fox 25.
Before walking through the courthouse doors, Read turned to her supporters, smiled and gave them a thumbs up.
Read has pleaded not guilty and is free on bail. Her new trial is scheduled for January 27.
During her first trial, Read’s lawyers argued that she was framed by corrupt state and Canton police officers as part of a broader cover-up. They say she dropped O’Keefe off at a party at the Canton home of another Boston police officer, where he was beaten in the basement and then dragged outside and left lying in the snow.
