Judge Denies Karen Read's Motion to Dismiss Charges in Murder Case

True Crime Today | A True Crime Podcast

Karen Read, accused of the murder of her Boston police officer boyfriend John O’Keefe, faced a setback as the judge overseeing her trial denied her motion to dismiss two significant charges. This decision marks a crucial development in a case that has drawn substantial attention due to the complex legal arguments surrounding the mistrial declared in Read's previous trial.
Defense attorneys for Karen Read had filed a motion earlier this month seeking the dismissal of the second-degree murder charge and the charge of leaving the scene of a deadly accident. Their argument was based on the contention that retrying Read on these charges would violate the constitutional protection against double jeopardy, which prevents an individual from being tried twice for the same crime.
“We have evidence here that the jury acquitted Ms. Read,” defense attorney Marty Weinberg told the court. He emphasized the importance of a judicial determination on whether the jury had indeed reached a not guilty verdict on these charges, arguing that continuing the prosecution would be unjust.
The case revolves around the January 2022 incident in which Read is accused of striking John O’Keefe with her SUV and leaving him in a snowstorm, leading to his death. The two-month trial that followed ended inconclusively when the jury declared they were hopelessly deadlocked after five days of deliberations, prompting the judge to declare a mistrial.
The defense team highlighted that four jurors had indicated the jury unanimously agreed on not guilty verdicts for the second-degree murder charge and the charge of leaving the scene of a deadly accident. They were deadlocked only on the lesser manslaughter charge. According to the defense, retrying Read on the first two charges would be unconstitutional.
However, Judge Beverly Cannone ruled against the motion, stating, “After careful consideration, this Court concludes that because the defendant was not acquitted of any charges and defense counsel consented to the Court’s declaration of a mistrial, double jeopardy is not implicated by retrial of the defendant.” The judge further clarified that an acquittal must be public and in open court as per state law, which did not occur in Read's case.
In a statement following the ruling, the Norfolk District Attorney’s Office expressed its support for the decision. “We believe that the judge’s decision is consistent with almost 200 years of case law,” the statement read. The office confirmed that they are moving forward with the trial, scheduled to begin on January 27.
Judge Cannone also addressed the defense's stance, noting, "Although the Court did not specifically ask defense counsel if they had any objection to the declaration of a mistrial, counsel had multiple opportunities to voice an objection if they in fact had one." She added that the defense’s current arguments contradicted their earlier position during the trial.
The defense team declined to comment on the ruling when contacted by WBZ-TV. Meanwhile, the Norfolk County District Attorney’s office reiterated their commitment to prosecuting the case, underscoring the legal precedent supporting the judge’s decision.
As the case moves toward a retrial, it continues to raise important questions about the legal interpretations of mistrials, jury deliberations, and the constitutional safeguards against double jeopardy. With the next trial date set for January 27, both the defense and prosecution are preparing for what promises to be another closely watched legal battle.
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