Prosecutors say Karen Read's "sensational" attempt to get 2 charges dismissed lacks merit
DEDHAM - Prosecutors in the Karen Read murder trial fired back Friday at the defense's attempt to get two of the three charges against her dismissed, saying Read consented to the mistrial.
Read's attorneys filed a motion last week claiming the jury unanimously agreed Read was not guilty on two of the charges - second-degree murder and leaving the scene in the January 2022 death of her boyfriend, Boston Police officer John O'Keefe.
As a result, Read's attorneys believe those two charges should be dismissed and that Norfolk Superior Court Judge Beverly Cannone should prevent her from facing a second trial on them.
The defense attorneys said they heard directly from two of the jurors after the trial who confirmed the unanimous agreement on the two charges.
WBZ-TV's Legal Analyst Jennifer Roman weighed in on the decision. "It's really a strategy to put pressure on the prosecution to retry this case."
Karen Read's "sensational post-trial claim"
On Friday, prosecutors Adam Lally and Laura McLaughlin pushed back in a filing of their own, saying "the defendant's unsubstantiated but sensational post-trial claim that the 'jury reached a unanimous decision to acquit' lacks any merit or legal foundation."
They wrote that Read's motion "is premised upon hearsay, conjecture, and legally inappropriate reliance as to the substance of jury deliberations."
Prosecutors added that Read was given a "full opportunity" to be heard during the jury deliberations.
In Friday's filing, they wrote "the defendant's motion and supporting affidavits of counsel, inexplicably omit the full opportunity that the defendant was given to be heard and the defendant's consent to mistrial."
"It was a valiant attempt by the defense, but the prosecution is going to do what they think to be right and what they think is equitable," Roman said. "The question is whether the prosecution chooses to pursue the murder charge the second time around in light of where the evidence came out at the trial and now if these jurors are saying what they're alleged tp be saying."
Read "remained silent," prosecutors say
Lally and McLaughlin added that Read had "adequate opportunities to object and instead remained silent, which removes any double jeopardy bar to retrial."
Cannone has yet to rule on the motion to dismiss. A new trial will be discussed at a hearing on Monday, July 22 at Norfolk Superior Court in Dedham.