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DEDHAM, Mass. (WBZ NewsRadio) — Karen Read and her attorneys returned to Norfolk Superior Court in Dedham Friday to argue a motion to dismiss two of the charges against her.
The high-profile murder case against Read accuses her of hitting her boyfriend John O'Keefe with her SUV and leaving him to die in the snow outside a Canton home in Jan. 2022.
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Read's lawyers argue she is the victim of a frame-job in O'Keefe's death.
The first trial ended on July 1 with Judge Beverly Cannone declaring a mistrial because of a hung jury. Prosecutors have said they intend to retry the case.
At Friday's hearing, Read's new attorney, Martin Weinberg, explained how multiple jurors reached out to them after the trial to say they were only deadlocked on the charge of manslaughter, and had unanimously found Read not guilty on the other two charges she faces: second-degree murder and leaving the scene of personal injury and death.
The Commonwealth confirmed in a post-trial notice of disclosure last week that four jurors had contacted them to confirm their unanimous verdict on those two charges.
Weinberg said a second trial including the charges of murder and leaving the scene would violate double jeopardy.
Prosecutor Adam Lally asked that the motion to dismiss be denied, arguing the jury was given ample instructions to indicate they had reached a partial verdict and simply did not do it.
Lally also argued against a defense request to convene the jury or contact certain jurors for sworn affidavits about their deliberations.
Judge Cannone ended the hearing without giving a ruling.
A retrial is tentatively set for Jan. 27, 2025.
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