Attorneys for Karen Read have filed a motion to dismiss charges against her, citing new information about the jury deliberations in her recent trial. This motion comes after a mistrial was declared by Judge Beverly Cannone just one week ago. The Norfolk District Attorney’s Office had vowed to re-try Read, but her defense team is now asking for the charges, including second-degree murder and leaving the scene of an accident causing death, to be dismissed.
In their 10-page motion, Read’s attorneys revealed that they received unsolicited information from a juror who claimed that the entire jury had agreed to exclude the charges of second-degree murder and leaving the scene of an accident. Additionally, two other individuals came forward with third-hand information from two other jurors. According to this information, the jury was initially split 6-6 on the remaining charge of manslaughter while driving drunk. Eventually, they reached a deadlock with an 8-4 vote.
The prosecution’s case against Read alleges that she hit her boyfriend, Boston police officer John O’Keefe, with her SUV and left him to die in a snowbank. However, Read’s defense argues that O’Keefe actually died after a fight in the home of Brian and Nicole Albert, and that Read was framed as part of a law enforcement cover-up.
During the trial, which lasted over two months, the jury deliberated for five days but was unable to reach a verdict. Before declaring a mistrial, Judge Cannone delivered what is known in Massachusetts as a Tuey-Rodriguez instruction, urging jurors to consider each other’s views in a last-ditch effort to come to a consensus. One juror stated that tensions escalated during deliberations after this instruction was given, describing it as turning into a “bully match.”
In addition to these concerns about the deliberations, Read’s defense documents revealed that one juror felt intimidated by Brian Albert’s presence during closing arguments. The defense argues that Judge Cannone should have polled the jury to determine if they were in agreement on any of the charges before declaring a mistrial.
Despite the defense’s request for an inquiry into the jury’s deliberations, legal analyst Tom Hoopes believes that the judge will not bring jurors back to ask about their deliberations, as it is not allowed once they have been dismissed.
Judge Cannone has scheduled a court date for July 22 for all parties to discuss their next steps in the case. Meanwhile, State Police Trooper Michael Proctor, who served as the lead investigator in the case, faced a duty status hearing after being relieved of duty following the mistrial. He had come under scrutiny for his testimony regarding vulgar text messages he sent discussing Read and was subsequently suspended without pay.
As the legal proceedings continue, it remains to be seen how the new information about the jury deliberations will impact Karen Read’s case. The motion to dismiss charges adds another layer of complexity to an already controversial trial, raising questions about the validity of the jury’s decision and the conduct of those involved in the case.
