If Karen Read trial ends in hung jury, will the state try again? Legal expert weighs in
DEDHAM - As the deadlocked jury in the Karen Read murder trial went home for the weekend, there's now questions about what would happen if the judge declares a mistrial next week.
Read is facing three charges in the January 2022 death of her boyfriend, Boston police officer John O'Keefe: second degree murder, manslaughter while operating under the influence of alcohol, and leaving the scene where there has been personal injury and death.
Will a mistrial happen?
The jury sent a note to Judge Beverly Cannone on Friday, saying, "Despite our exhaustive review of the evidence and our diligent consideration of all disputed evidence, we have been unable to reach a unanimous verdict." Cannone sent them back to keep deliberating.
Legal expert Phil Tracy said there's no limit to how many times Cannone could send the jury back to continue deliberating. He predicted with the July 4 holiday coming up next week, Cannone may not want to go past Wednesday.
"By Wednesday, it's over for both sides. It's a hung jury," said Tracy. "Everybody predicted she'd be found not guilty. So it's a pyrrhic victory for the prosecution."
Will the prosecution try Karen Read again?
If a mistrial is declared, the state will have the option to try Read again. Tracy predicted they would but said it would be difficult.
"To get jurors that haven't made an opinion yet is going to be brutal," said Tracy, pointing out how polarizing the case has become. But he thinks if there's a mistrial, the state will try Read again anyway.
"Somebody is dead and so you have to, for his family's sake, for his mother's sake, for his children's sake," said Tracy.
Read's supporters who have been waiting for the verdict outside the courthouse in Dedham said they're concerned she could be tried again if a mistrial is declared.
"She'll always have to live the rest of her life always with the possibility of retrying this whole thing," said Read supporter Paul Harvey. "They never should have even gone to trial."