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BOSTON (WBZ NewsRadio) — Karen Read's appeal to dismiss two of her charges will be heard before the state's highest court later this year.
The Massachusetts Supreme Judicial Court is scheduled to hear oral arguments in November on whether to dismiss the charges of second-degree murder and leaving the scene.
"I hereby reserve and report this case, without decision, for determination by the Supreme Judicial Court for the Commonwealth," Justice Elizabeth Dewar wrote in her ruling issued Thursday.
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Read is accused of hitting and killing her boyfriend, Boston police officer John O'Keefe, with her SUV after a night out in Canton in Jan. 2022. Her legal team claims she is the victim of a frame job.
Read's first trial ended when Judge Beverly Cannone declared a mistrial because of a hung jury. A second trial is set for Jan. 2025.
Following the mistrial, Read's lawyers filed a motion to dismiss the murder and leaving the scene charges. The defense said some jurors had contacted them and told them they had voted unanimously to acquit Read on those two charges, and were only deadlocked on the third charge of manslaughter.
Trying Read on those charges for a second time would violate double jeopardy, Read's team argued in an Aug. 9 court hearing.
Judge Cannone denied the motion to dismiss on Aug. 23, leading the defense to file an appeal with the SJC.
Read's team has until Sept. 25 to file its brief on the case, while prosecutors have until Oct. 25 to file their reply. A specific date for the oral arguments hearing has not been set.
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