The judge overseeing Karen Read’s murder trial has rejected her request to dismiss two charges against her.
Defense attorneys for Karen Read argued earlier this month that two charges related to the death of her Boston police officer boyfriend, including premeditated murder, should be dropped, focusing on jury deliberations that led to a mistrial.
“After careful consideration, this court concludes that reopening the defendant’s case does not constitute double jeopardy because the defendant was not acquitted of all charges and defense counsel has agreed with the court’s finding that the case did not occur,” court documents state. “The motion is therefore DENIED,” the documents continue.
Read is accused of driving her SUV into a snowstorm in January 2022 and leaving him to die. Her two-month trial ended last month when jurors said they were hopelessly deadlocked and a judge declared a mistrial on the fifth day of deliberations.
“We have evidence here that the jury acquitted Ms. Read,” defense attorney Marty Weinberg said in court. “What could be more central to the core values of our criminal justice system than to join with a respected and experienced Supreme Court justice in making a judicial determination as to whether or not that is the case and, if it is, to stop her from being prosecuted again?”
In several motions filed since the mistrial, the defense claims that four jurors said the jury unanimously returned acquittals on the counts of premeditated murder and leaving the scene of a fatal accident, while disagreeing on the remaining count of manslaughter. To retry them on those two counts would be unconstitutional, the jurors said.
Judge Beverly Cannone ruled against her request on Friday.
The Norfolk District Attorney’s Office released a statement Friday morning in response to Cannone’s ruling.
“We believe the judge’s decision is consistent with nearly 200 years of case law,” the statement said. “We will hear this case on January 27.”
READ THE FULL 21-PAGE JUDGMENT:
Karen Read Paperwork by Boston 25 Desk on Scribd
This embedded content is not available in your region.
This is a developing story. Check back later for updates as more information becomes available.
Download the FREE Boston 25 News App for breaking news.
Follow Boston 25 News on Facebook and Þjórsárdalur. | Watch Boston 25 News NOW
