DEDHAM, Mass. (WBZ NewsRadio) — Jury selection is set to resume for another day in the retrial of the Karen Read murder case despite expectations that opening statements would begin on Tuesday.
Read is accused of hitting her boyfriend, Boston police officer John O’Keefe, with her SUV on Jan. 29, 2022, and leaving him to die in the snow. Read denies the allegations and says that she is being framed.
Jury Selection
Jury selection resumed Monday with the hopes of adding two more alternates to the 16 jurors already selected in the case, bringing the total to 18. Twelve jurors would decide the case, and six would serve as alternates. By Monday afternoon, one juror was excused and another was added, leaving the total number of jurors at 16, according CBS News Boston. Jury selection is set to continue for a tenth day, despite Karen Read initially indicating that opening statements would begin Tuesday.
Originally, both sides had hoped to seat 16 jurors, but Judge Beverly Cannone upped the desired total to 18 in case several jurors needed to be dismissed. Five of the 19 jurors were dismissed for various reasons in the initial trial, which spanned more than two months.
Buffer Zone
Judge Cannone was sued over the implementation of a 200-foot buffer zone outside the courthouse, with Read’s supporters arguing it would infringe on their right to free speech. A federal judge denied the lawsuit, keeping the buffer zone in place.
The buffer zone has been expanded since the first trial, adding parts of Bates Court, Court Street, Bullard Street and Ames Street. Judge Cannone also barred those in the courtroom from wearing clothing or accessories related to the case.
Legal Team Changes
Both sides of the trial have added reinforcements to their respective teams.
Special prosecutor Hank Brennan has joined the Commonwealth, most well-known for representing James “Whitey” Bulger. Norfolk County District Attorney Adam Lally has remained on the team, but Brennan is expected to take the lead in the courtroom.
Read’s defense team added New York-based defense attorney Robert Alessi, who was an active participant throughout numerous pretrial hearings. Victoria George, who served as an alternate juror in the initial trial, has also joined the defense team.
U.S. Supreme Court Appeal
Having exhausted all other levels of the judicial system, Read’s defense team appealed to the U.S. Supreme Court to have some of the charges dismissed.
Jurors spoke out after the first trial, saying they had reached unanimous verdicts on two of the charges: second-degree murder and leaving the scene of an accident. The defense team argues that those charges should be dismissed on the grounds of double jeopardy.
Simultaneously, Read’s defense team wanted the nation’s highest court to delay the trial pending a ruling on the double jeopardy argument. Justice Ketanji Brown Jackson denied the “application for a stay of state court proceedings,” but the Supreme Court has not announced whether it will take up the appeal.
Expectations For Second Trial
Karen Read's defense team has said they will once again pursue their third-party defense, arguing that O'Keefe was actually beaten up inside of a home in Canton and dragged outside. Judge Cannone said the defense can mention Brian Higgins, who sent flirtatious texts with Read, and Brian Albert, the owner of the Canton home. However, they are not permitted to mention Colin Albert, Brian Albert's nephew, because there is not enough evidence against him.
On Monday, the prosecution told the court it intended to use extrajudicial statements Karen Read had made, including ones to the press, in the retrial. In a court filing, the Commonwealth wrote that the "statements range from the defendant's immediate impressions and state of mind in the minutes and hours surrounding John O'Keefe's death to crafted narrations, sometimes in the presence of counsel that recount for the defendant's version or impressions of events months and years after the murder."
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