Karen Read's Defense Pushes for Charge Dismissal in Murder Case as ACLU Files Amicus Brief

Attorneys from the American Civil Liberties Union (ACLU) of Massachusetts have submitted an amicus brief to the Supreme Judicial Court (SJC) of Massachusetts in support of Karen Read’s ongoing legal battle. Read, a former adjunct professor from Mansfield, is appealing to have two charges dismissed in her murder case. The ACLU’s brief was accepted by the court but did not immediately reveal their stance or include a summary of their position.

Karen Read faces accusations related to the death of Boston police officer John O’Keefe, who prosecutors claim was struck by Read's SUV and left to die in the snow following a night out in Canton. Read, however, maintains her innocence, contending that O’Keefe was assaulted inside the house of another Boston officer, Brian Albert, before being left outside. Her first trial ended in a mistrial after the jury, comprising six men and six women, reached a deadlock. Some jurors have since come forward, stating they had reached a consensus to acquit her of the charges of second-degree murder and leaving the scene.

Following the mistrial, Read's defense sought to have these two charges dismissed. Judge Beverly Cannone denied this motion, leading to the appeal now before the SJC. Read’s legal team contends that the jury’s alleged agreement should constitute an acquittal on these counts and argues that protections against double jeopardy should prevent a retrial on the charges.

“The court relied solely upon the lack of an ‘open and public verdict affirmed in open court,’” the defense wrote, referencing Judge Cannone’s decision. “This reasoning is rooted in a formalism that has been consistently rejected by the United States Supreme Court and this Court in a string of precedents spanning more than one hundred years.”

The defense also believes that the Supreme Judicial Court should allow a post-trial inquiry into the jury’s statements, which they argue constitutes an “overt factor” that should prompt further investigation. Additionally, they are questioning Judge Cannone’s decision to declare a mistrial when she did, given the alleged consensus from the jurors.

District Attorney Michael Morrissey, responding to the appeal, has appointed Attorney Hank Brennan as special prosecutor for Read’s case. Brennan, known for his work in other high-profile cases, will lead the prosecution when Read’s second trial, currently scheduled for January 27, begins. The Norfolk District Attorney’s Office stated that their response to Read’s appeal will be submitted by the court's deadline, with Read's attorneys expected to reply shortly after.

Should the Supreme Judicial Court side with Read’s defense and dismiss the charges, it would mark a significant development in a case that has drawn extensive public and media attention. If the charges are upheld, Read faces up to life in prison for second-degree murder, as well as significant penalties on charges of manslaughter while operating under the influence and leaving the scene of a personal injury and death.

Throughout the trial, prosecutors faced setbacks, including complications with surveillance footage and misconduct among investigators, which has contributed to the intense scrutiny of the case. The defense has also raised these issues in their appeal, seeking to underscore what they argue are critical flaws in the prosecution's case.

With oral arguments scheduled to take place before the SJC, Read and her legal team are preparing for a pivotal hearing that could determine the course of the upcoming trial. For now, the court's decision will hinge on whether the defense’s arguments regarding jury consensus, double jeopardy, and procedural conduct are persuasive enough to merit the dismissal of charges or, at the very least, a re-evaluation of the trial’s conduct.
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