Another Karen Read juror confirms unanimous not guilty vote on 2 charges, defense says in new filing
BOSTON – Karen Read's defense team says it has spoken to another juror who confirms that there was a unanimous agreement that Read should have been acquitted on two of the charges in the trial that ended with a hung jury.
The claim comes in a supplemental memorandum filed Wednesday as part of Read's motion to dismiss. A mistrial was declared in Read's case due to a "starkly divided" jury.
Defense attorneys on Monday argued that two of the three charges Read is facing should be dismissed. Alan Jackson and David Yannetti said in their initial motion they had heard directly from one juror and learned of comments made by two others.
Read's attorneys claim the jury unanimously agreed that Read should be found not guilty of second degree murder and leaving the scene of personal injury and death. As a result, they're asking Judge Beverly Cannone to prevent Read from facing a second trial on those counts.
Karen Read juror comes forward
According to Read's motion to dismiss, jurors were deadlocked on the charge of manslaughter while operating under the influence. The filing indicates that eight people voted that Read was guilty of the charge while four were set on voting not guilty.
In Wednesday's supplemental memorandum, Jackson said a juror only identified as "Juror D" concurred that there was a unanimous decision on two charges.
Jackson said in the filing that when they jury was dismissed, Juror D said "many of the jurors appeared uncomfortable with how things ended, wondering 'Is anyone going [sic] know that we acquitted [Karen Read] on Count 1 and 3? No one ever asked about those counts."
Juror says it's "just not right" for Karen Read to face second trial
According to Jackson, the juror said that "part of his/her discomfort was that he/she knew that the jury had reached verdicts on two counts and Karen Read might be re-tried on those two counts and, 'That's just not right.'"
"Every one of us will agree and acknowledge that we found [Karen Read] NOT GUILTY of Counts 1 and 3. Because that's what happened," the juror said, according to Jackson.
Read's attorneys say she should not face a second trial on those two counts because of "double jeopardy" protections.
Cannone has not yet ruled on the motion to dismiss. A new trial date is expected to be discussed on July 22 when the case returns to Norfolk Superior Court in Dedham.