Karen Read has appealed her case to the highest court in Massachusetts in an attempt to get murder charges dismissed ahead of her retrial.
Read, 44, stood trial in the spring for the second-degree murder of her boyfriend, Boston Police Officer John O’Keefe, but the case ended in a mistrial when the jury was unable to come to a unanimous verdict on any of the charges in the case.
In the days and weeks after the mistrial, both the defense and prosecution were approached by people purporting to be jurors who said they actually had been unanimous on two counts. Those jurors said that they had only been deadlocked on the charge of manslaughter, but wanted to acquit Read of second-degree murder and leaving the scene of a deadly accident.
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Judge Beverley Cannone denied a post-trial motion filed by Read to dismiss the two charges based on double jeopardy, ruling that no verdict was issued, and ordered Read to stand trial in January.
On Wednesday afternoon, Read’s attorneys filed a petition with the Supreme Judicial Court (SJC), the highest court in Massachusetts, requesting they overrule Judge Cannone and dismiss the two charges. Court TV reviewed the petition, which reiterates Read’s position that a retrial would constitute double jeopardy.
The filing also notes that after initially filing a motion for the charges to be dismissed, Read’s attorney, Alan Jackson, was contacted by two more jurors to corroborate the others’ accounts, bringing the total number of jurors who contacted the defense to five.
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Read’s attorneys have pointed to Alex Murdaugh‘s murder trial and his applications for appeals based on alleged jury tampering by Clerk of Court Becky Hill as further reason why her motion should be granted: “A defendant who comes forward with credible evidence of a serious constitutional violation post-trial is entitled to an opportunity to prove those claims.”
Representing Read for her appeal are Jackson and David Yannetti, who were by her side during the first trial. Added to her team is Martin Weinberg, who joined her team for the appeals process.
The SJC consists of a Chief Justice and six Associate Justices who hold weekly single-justice sessions based on a rotating schedule.
This story was originally published by Lauren Silver at CourtTV.com.
