Judge in Karen Read case weighs delaying trial by two months
DEDHAM - The Karen Read case was back in court Wednesday as the judge weighs several requests, including the possibility of delaying the trial for two months.
Several items were discussed at a hearing in Norfolk Superior Court in Dedham, Massachusetts.
Karen Read trial date
In a joint motion, the prosecution and defense have asked Judge Beverly Cannone to delay the trial.
Currently, Read's second trial is scheduled to take place starting on January 27.
Both sides asked to change the start date to April 1, adding that they do not expect any additional delays.
Defense attorney David Yannetti said there is "simply not enough time" on the current schedule.
Cannone took the arguments under advisement.
Yannetti was asked outside court on Wednesday how he thinks this trial will be different from the last.
"We're not concerned with who the opponent is. We're concerned with presenting evidence, which we believe is a very strong defense that will prevail," Yannetti said. "Trial No. 1, we did get an education. Hopefully we will be using that education to further our strategy."
Karen Read's Lexus
During the first trial, experts examined data from Read's Lexus SUV. Prosecutors say she was driving the Lexus when she hit and killed her boyfriend, Boston police officer John O'Keefe.
Prosecutors said there were "irregularities" in the data, and they want to analyze the data again using a new expert.
They say the infotainment system in the SUV has three boards of data, and only one was analyzed.
Defense attorney Alan Jackson said he does not have an objection to the request, but wants his own expert on hand to witness the work being done.
Cannone said she wants any new analysis completed as soon as possible.
"It sounds like you have a lot to do," Cannone said.
After the hearing, Cannone ruled that the prosecution will be allowed to perform additional testing on the SUV with the defense expert present.
Karen Read's father's phone records
In a filing Tuesday, Read's attorneys asked Judge Beverly Cannone to deny the prosecution's request for phone and text records from Karen Read's father, William Read.
"The Commonwealth's motion is a fishing expedition, and an inappropriate attempt to invade Mr. Read's privacy," Jackson and Yannetti wrote in their memorandum.
Hank Brennan, a former Whitey Bulger attorney recently added to the prosecution, said he is not yet prepared to argue the motion and asked for another date to discuss it.
The issue is expected to be discussed on November 26.
District Attorney Michael Morrissey's records
Read's attorneys filed a motion last Thursday asking for Norfolk County District Attorney Michael Morrissey's personal emails and phone records.
The defense believes Morrissey used his personal email to contact judges and employees at Stoughton District Court about the witnesses intimidation case against Aidan Kearney, the blogger known as "Turtleboy" who is covering Read's case.
No decision was made on this issue during Wednesday's hearing.
Read request for sidebar transcripts
Read's attorneys wanted transcripts from her first trial of courtroom sidebar discussions.
Both sides agreed Wednesday to release the transcripts, but for attorneys only.
Cannone ruled after the hearing to allow the transcriptions to be released to attorneys, with the exception of discussions about jurors.
Read interview notes
Prosecutors are also waiting for a response to their request for unredacted audio recordings, notes and texts between Read and a reporter for a 2023 interview with Boston Magazine.
Who is Karen Read?
Read, 44, is a financial analyst from Mansfield, Massachusetts. She is accused of running down O'Keefe with her SUV after a night of heavy drinking and leaving him to die in a snowstorm on January 29, 2022.
Her attorneys claim she's being framed as part of a coverup by law enforcement and others.
Read is charged with second degree murder, manslaughter while operating under the influence and leaving the scene of personal injury and death. She's pleaded not guilty. Her first trial ended in a mistrial after the jury failed to reach a verdict. Her next trial is scheduled to begin January 27, 2025, but both sides have asked the court to delay it until April.
Read is trying to get two of the charges, second-degree murder and leaving the scene, thrown out, claiming double jeopardy. The Massachusetts Supreme Judicial Court heard arguments on that last week, but the court has not issued a ruling yet.
O'Keefe's family has also filed a wrongful death lawsuit against Read. She will not be deposed in that case until after her second criminal trial ends.