BOSTON — The Massachusetts Supreme Judicial Court announced on Tuesday that Karen Read can be retried on all her original charges related to the death of her boyfriend, a Boston police officer, a decision that adds another chapter to a complex legal saga that has captivated crime enthusiasts across the country.
Prosecutors are pursuing a retrial this year, intending to press charges of second-degree murder, manslaughter, and leaving the scene of a crime. They allege that Read struck John O’Keefe with her SUV during a snowstorm in January 2022 and abandoned him to die. Read’s legal team, however, contends that she has been unfairly accused in order to shield other law enforcement personnel who were potentially involved in O’Keefe’s demise.
This latest development follows a previous mistrial declared in June, where it was determined that the jury could not come to a consensus, but without confirming their votes through a poll. Read’s attorney, Martin Weinberg, pointed out that after the mistrial, five jurors claimed they had been indecisive only regarding the manslaughter charge, while reaching a unanimous belief of “not guilty” concerning the other charges. Unfortunately, this information was not relayed to the judge during the trial.
The ruling by the Massachusetts Supreme Judicial Court paves the way for Read to face a new trial on all counts. The judges clarified that the jurors had explicitly stated during deliberations their inability to reach a unanimous decision on any charges, and any subsequent comments from jurors cannot alter the outcome of the trial retrospectively. They affirmed that there was no error in Judge Beverly Cannone’s judgment to declare a mistrial, as lengthy deliberations suggested the jury was completely deadlocked.
Weinberg mentioned that they are evaluating their legal strategies moving forward. He expressed respect for the court’s decision but noted that the principle of Double Jeopardy is a federal constitutional right and that they are contemplating seeking federal habeas relief due to what they believe are violations of Read’s constitutional rights.
Meanwhile, a representative for the Norfolk District Attorney’s Office opted not to comment on the court’s decision. In an interview with Boston 25 News, Read conveyed her readiness for a retrial, displaying confidence about the outcome. She stated, “I don’t care who I face. I have the truth. I have the best attorneys. Do your worst.” Read acknowledged the possibility of incarceration and reflected on her deep concern for it, although she indicated it no longer terrifies her as it once did three years prior.
Weinberg had previously urged the court to conduct a hearing to assess whether jurors had reached any not guilty conclusions on the various counts. Prosecutors held firm that there were valid grounds to continue with the charges, asserting that Read’s lawyers should have anticipated that a mistrial was unavoidable and should have made their voices heard while the trial was still ongoing.
The judges questioned the rationale for conducting an inquiry regarding juror opinions, with one justice suggesting such probes are generally reserved for significant issues like inappropriate behavior within a jury. Chief Justice Kimberly Budd also raised concerns about the implications of allowing such inquiries, cautioning that it could lead to a flood of similar requests from other defendants claiming juror misconduct.
In August, Judge Cannone reiterated that Read was eligible for a retrial on all charges, emphasizing that since no verdict had been officially declared in open court, retrying her does not breach double jeopardy laws.
The prosecution detailed that Read, a former adjunct professor at Bentley College, and O’Keefe, an experienced member of the Boston police force, had been drinking heavily prior to the incident, during which she allegedly struck him with her vehicle and fled the scene. An autopsy revealed that O’Keefe’s death was due to hypothermia and blunt force trauma.
In contrast, the defense has positioned Read as the victim, asserting that O’Keefe met his end inside a colleague’s home and was later moved outside, alleging that law enforcement officials targeted Read simply because she was an outsider, sparing themselves from questioning fellow officers.
