COURT AUDIO-PART 2-Karen Read’s Defense Argues for Dismissal of Charges Following Mistrial in John O’Keefe Case

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Karen Read’s defense team is pushing for the dismissal of two charges in her ongoing legal battle over the death of Boston Police Officer John O’Keefe. During a hearing on Friday, Read's attorneys argued that retrying her on charges of second-degree murder and leaving the scene of a deadly accident would violate her constitutional protection against double jeopardy.
The case against Read stems from a tragic incident in January 2022, where she is accused of striking O’Keefe with her SUV and leaving him to die in a snowstorm outside a Canton, Massachusetts home. O’Keefe, a 16-year veteran of the Boston Police Department, was found with injuries consistent with blunt force trauma and hypothermia. The prosecution argues that Read intentionally hit O’Keefe, while the defense maintains that he was killed inside the home and that Read was framed.
The original trial ended in a mistrial after jurors reported they were deadlocked on the manslaughter charge, but Read's defense contends that the jury had already unanimously acquitted her on the charges of second-degree murder and leaving the scene. Attorney Marty Weinberg, representing Read, emphasized that “strong uncontradicted evidence” shows the jury reached a not guilty verdict on these two charges.
Weinberg argued that the jury's note indicating they were deadlocked was ambiguous, and the judge should have polled the jurors or sought additional clarification before declaring a mistrial. "It’s the right thing to do," Weinberg stated, urging the judge to dismiss the charges that had allegedly been acquitted.
Prosecutors, however, challenged the defense’s assertions, labeling them as "unsubstantiated but sensational post-trial claims." They argue that the defense is relying on hearsay and conjecture about the jury’s deliberations. According to Norfolk County Assistant District Attorney Adam Lally, the jury did not return a verdict slip, and neither the guilty nor not guilty boxes were checked for any of the charges. Lally insisted that the defense is "twisting the law" with their request and that no extraneous influence or bias affected the jury.
In their motion, the prosecution also pointed out that Read’s defense team had the opportunity to object to the mistrial when it was declared but chose not to. "Contrary to the representation made in the defendant’s motion and supporting affidavits, the defendant advocated for and consented to a mistrial," the prosecution noted. They further argued that this consent removes any double jeopardy bar to retrial.
Prosecutors acknowledged that they received a voicemail and emails from individuals who identified themselves as jurors, confirming that the jury had reached a unanimous decision on two of the charges. However, they maintained that they are ethically prohibited from inquiring into the substance of the jury’s deliberations and cannot guarantee confidentiality for those jurors.
The defense’s request to dismiss the charges comes ahead of a new trial set to begin on January 27. As part of their strategy to prevent a retrial, Read's attorneys are calling for a "post-verdict inquiry" to question all 12 jurors and establish that they had unanimously acquitted her on the two charges before the mistrial was declared.
Judge Beverly Cannone, who presided over the initial trial, heard the arguments from both sides during the Friday hearing but has not yet made a decision. “I’ll take it under advisement,” Judge Cannone told the court, indicating that she will rule on the matter at a later date.
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