Karen Read may be tried again for the death of her boyfriend after the judge declared a mistrial, but murder charges may not be on the table … because according to the defense, the vote on the murder charge was 12 – 0, IN FAVOR OF ACQUITTAL!
Read’s lawyer, Alan Jackson, has just filed docs arguing prosecuting Read for 2nd-degree murder a second time would amount to double jeopardy. Shockingly, when the judge declared the mistrial, she didn’t say anything about the jury’s vote on the murder charge.
We’ve also learned the jury was unanimous in favor of acquittal on the charge of leaving the scene of an accident where there was injury or death. The only charge on which the jury was deadlocked was vehicular manslaughter, where the jury apparently voted 9 – 3 in favor of guilt.
Attorney Jackson believes the judge had a duty to inform the defense the jury had reached unanimous verdicts on 2 of the 3 charges, which would have given them an opportunity to argue a mistrial should not have been declared. Jackson argues in legal docs the judge should have entered an acquittal on both the murder charge and the charge of leaving the scene of an accident.
If you’re confused as to how the jury would be unanimous on leaving the scene of an accident yet split on vehicular manslaughter, it all has to do with intent. The crime of leaving the scene of an accident where there is death or injury requires proof of intent — that the driver knew someone was hurt or killed. The jury obviously didn’t believe Read knew.
Vehicular manslaughter does NOT require proof of intent — all prosecutors have to prove is reckless conduct. Someone can be reckless and yet not even know they hit someone. Presumably, even if Jackson wins on the double jeopardy issue, Read could still be retried on vehicular manslaughter.
As you know … KR’s trial came to an end after the jury deliberated for five days before informing the judge they were hopelessly divided and couldn’t reach a verdict.
Prosecutors alleged Read got into an argument with her boyfriend, police officer John O’Keefe, back in 2022 before striking him with her SUV and fleeing the scene after a night of partying with friends. The prosecution also painted the couple’s relationship as volatile.
Read’s legal team pushed back … claiming she was framed by police. She says she dropped O’Keefe off at a house filled with cops who were partying and he was killed inside, but police needed someone to take the fall, and they targeted her.
According to her defense team, a fight broke out, and the cops dragged O’Keefe outside the house and left him to die in the snow.
During the trial, the defense pointed out one of the main witnesses for the prosecution — a state trooper who helped lead the investigation — sent sexist and offensive texts about Read … which likely damaged the prosecution’s case. The lead investigator was fired just as the mistrial was declared.
The sentiment in Boston is heavily pro-Read … with demonstrators showing up outside the courthouse daily to show support for her.
Prosecutors said as soon as the verdict was read … they will retry her. The big question — retry her for what?
