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BOSTON (WBZ NewsRadio) — Lawyers for Karen Read filed a brief to the Massachusetts Supreme Judicial Court Tuesday, arguing they should reverse a judge's decision to not dismiss two of the charges against her.
Read is accused of hitting her boyfriend John O'Keefe with her SUV and leaving him to die in the snow after a night out in Canton in Jan. 2022. Her defense claims she is the victim of a frame job to protect a powerful Canton family.
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After Judge Beverly Cannone declared a mistrial in the case because of a hung jury on July 1, a retrial was scheduled for Jan. 2025.
Read's lawyers filed a motion to dismiss Counts 1 and 3 (second-degree murder and leaving the scene), arguing several jurors came forward after the mistrial and told them they had unanimously found Read innocent on those two charges.
Cannone denied the motion during a hearing on Aug. 23, leading the defense to file an appeal with the state's highest court.
According to their filing, Read's legal team has three main arguments in their appeal request.
First, they argue that the jury's alleged agreement that Read was not guilty of second-degree murder and leaving the scene constitutes an acquittal and Double Jeopardy protects her from a retrial on those two charges. The defense cites text messages that show jurors were confused by jury instructions, and if polled, they would all be in agreement that Read was not guilty.
Second, the defense argues Read is entitled to a post-verdict inquiry of whether her claims are true about the jurors.
"The defense respectfully submits that the Court should hold that the presence of an unannounced verdict, supported by the unambiguous post-trial statements of five deliberating jurors, constitutes an 'overt factor' at least entitling the defense to further inquiry," the filing states.
Lastly, they argue Judge Cannone declared a mistrial too soon.
The Norfolk District Attorney's Office has acknowledged the appeal and has until Oct. 16 to reply. Read's team will have until Oct. 25 to file a reply to the Commonwealth.
Oral arguments could be held as soon as November.
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