Prosecutors have urged the highest court in Massachusetts to allow a murder retrial for Karen Read, who is accused of killing her Boston police officer boyfriend, John O’Keefe. The defense claims that jurors had already reached a verdict on some charges before a mistrial was declared.
The incident in question occurred when Read allegedly rammed into O’Keefe with her SUV, leaving him to die during a snowstorm in January 2022. Despite assertions from Read’s attorneys that she is being framed and that other law enforcement officers may be responsible for O’Keefe’s death, a mistrial was declared in June when jurors could not reach a consensus.
Prosecutors argue in a brief filed with the Massachusetts Supreme Judicial Court that there is no valid reason to dismiss the charges of second-degree murder and leaving the scene of the accident resulting in death. They emphasized that the mistrial was necessary as the jury had indicated their deadlock three times before the decision was made.
In response to the defense’s position that trying Read again on the same charges would constitute double jeopardy, prosecutors maintain that since no final verdict was announced in court, there is no constitutional violation. Oral arguments from both sides are scheduled for November 6.
The defense team contends that five jurors from the initial trial came forward stating they were deadlocked only on a manslaughter charge, with a unanimous agreement that Read was not guilty of the other charges. They argue that it would be unjust to retry her for murder and leaving the scene of the accident resulting in death.
The trial judge had previously ruled that Read can indeed be retried on all three counts. This decision was supported by Judge Beverly Cannone, who reasoned that without a clear verdict from the jury, there is no double jeopardy issue. The American Civil Liberties Union has backed the defense in urging for a fair trial process.
The case has unfolded amidst conflicting narratives, with prosecutors alleging that Read and O’Keefe had been heavily drinking before the incident, while the defense paints O’Keefe as a victim who was killed inside the home of a fellow officer and then moved outside. The lead investigator in the case was removed from duty for inappropriate communications about Read.
As legal proceedings continue, the outcome of the retrial remains uncertain, with arguments from both sides highlighting the complexity and sensitivity of the case.