Details here – NBC Boston

Details here – NBC Boston
Details here – NBC Boston

Karen Read is asking for two of the three charges against her, including murder, to be dismissed. Her lawyers say the jury unanimously concluded she was not guilty of any of the charges.

Read filed the motion to dismiss the lawsuit in Norfolk Superior Court on Monday, a week after a mistrial was declared in her murder trial, leaving unresolved a case that has drawn attention far beyond Massachusetts: Read is accused of killing her boyfriend, Boston police officer John O’Keefe, outside a Canton home during a snowstorm in January 2022, although her team insists she was framed.

Read was charged with second-degree murder, manslaughter while operating a motor vehicle under the influence of alcohol, and leaving a crime scene involving personal injury and death. She pleaded not guilty.

As prosecutors prepare to retrial Karen Read, her defense attorney is requesting that two of the three charges against her be dismissed.

When Judge Beverly Cannone declared a mistrial, she did not provide insight into the jury’s vote. The jury notes did not indicate that they were close to reaching a verdict on any of the charges.

In Monday’s filing, her lawyers wrote that they had “received unsolicited messages from three of the 12 deliberating jurors stating unequivocally that the jury was unanimous, 12-0, that Ms. Read was not guilty of two of the three charges against her, including the charge of first-degree murder.”

Read the Karen Read team’s new motion to dismiss the lawsuits after the case was dismissed here.

On Monday, two important developments occurred in the Karen Read case: Her defense team filed a motion to dismiss two of the three charges against her, and the lead investigator, Massachusetts State Police Trooper Michael Proctor, had a hearing as part of the internal investigation into his conduct.

The document was filed by two lawyers with whom Read had worked throughout the trial, Alan Jackson and David Yannetti, as well as a new attorney, Martin Weinberg, who was added to her team as a limited representation attorney on Monday.

In separate documents filed Monday, Jackson and Yannetti described how they were informed of the jury discussion. Jackson said a juror contacted him directly on Tuesday after seeing “inaccurate reports of ‘division’ among the jury related to the mistrial,” while Yannetti said he heard from two intermediaries who had heard from jurors.

A representative of the Norfolk District Attorney’s Office said Monday that the motion is currently under review, that a response will be filed and that a new hearing date is awaited. A hearing has already been scheduled for July 22 to set the date.

Read’s previous attempts to dismiss the charges against her were rejected.

Also on Monday, the lead investigator in the case, Michael Proctor of the Massachusetts State Police, was suspended without pay while an internal investigation is ongoing. He made vulgar, derogatory comments about Read to friends and family early in the investigation. Proctor admitted during the trial that this was unprofessional but stressed that it had no impact on the investigation.

The lead investigator in the case against Karen Read has been suspended pending an internal investigation.

In its motion to dismiss the two charges, on which the jury agreed after hearing from attorneys, it was stated that re-indicting Read on those charges would amount to double jeopardy.

It is not yet clear whether the jury was truly unanimous on the two counts. Cannone could schedule an evidentiary hearing “to determine whether the jury came together and reached a consensus on any of those counts,” said NBC10 Boston legal expert Michael Coyne.

He noted that during the jury’s deliberations there was no indication that they had already reached a verdict on any of the charges.

We look back at what jurors heard during a trial that lasted more than two months and ended in a mistrial, as prosecutors announce they will retry their case against Karen Read.

“The memo that was presented to Judge Cannone stated that they could not agree on the charges – plural. Twice the word charges was used,” Coyne said, noting that the form the jury presented to the judge included a space to note that they did not find Read guilty on any of the charges.

In hindsight, Coyne said, Cannone could have gone through all three counts with the jury before declaring a mistrial.

Marc Fortier of NBC10 Boston contributed to this report.

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