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Legal analyst concerned about possibility of hung jury in Karen Read trial

No verdict after 3 days of deliberations in Karen Read murder trial
No verdict after 3 days of deliberations in Karen Read murder trial 02:25

DEDHAM - No verdict was reached in the Karen Read murder trial after the second full day of deliberations on Thursday. There were no questions from the jury, as her supporters remained camped outside the courthouse in beach chairs waiting.

Read is charged with second-degree murder in the January 2022 death of her boyfriend, Boston police officer John O'Keefe. Her defense attorneys argued she is the victim of an elaborate cover-up. The jury has been deliberating since Tuesday afternoon after closing arguments.

The "Free Karen Read" crowd in pink had hoped for a quick verdict. Legal experts say it's telling that there has not been one.

"I think the defense is getting a little worried right now that the jury is on their third day, and haven't yet come back with a verdict," WBZ legal analyst Jennifer Roman said.

Karen Read
Karen Read in Norfolk Superior Court on Thursday, June 27, 2024 in Dedham. Pat Greenhouse/The Boston Globe via AP

The jury's big decision

Jurors have deliberated for approximately 14 and a half hours now, and lawyer Jennifer Roman says there is one big decision that impacts any possible conviction.

"That has to be first decision they're discussing is whether or not they think she hit him with her car, because if they can't get a unanimous decision about that, then that's where the jury deliberations end," Roman said.

"But I think the defense was really hoping for that. It's so obvious that she didn't hit him with the car, you have to acquit, and they didn't get that," Roman said. "We are on day 3 now. That doesn't mean that the jury still may find her not guilty, it just means that they're not unanimous." 

Concerns about hung jury   

Given the nine weeks of trial and over 600 pieces of evidence, days of deliberation is expected, but Roman still has concerns.

"I actually, I'm concerned it's going to be a hung jury and I say that because the jury is representative of the population of people, and you can go to a party and talk to 10 different people, and you're going to have five or six on one side, four or five on the other, who all view this case differently," Roman said.

And if there were a hung jury, no unanimous decision, that would mean a mistrial and the option to do this all over again.

"No doubt" prosecution would retry case

"If this was a hung jury, I have no doubt that the prosecution would retry this case. I question if on a retrial, they would still go for the second-degree murder charge. I do think that that was a bit of a stretch," Roman said.

The environment does seem to be changing outside Norfolk Superior Court. Karen Read and her team are shying away from the cameras and the hundreds of fans as they await her fate. 

Read is charged with second-degree murder, manslaughter while operating under the influence of alcohol and leaving the scene of personal injury or death. 

The jury has left early the last two days. They have the option to deliberate up until 5 p.m., but have chosen to go home at about 3:30 p.m. both days with the judge's permission.

The jury will be back on Friday at 9 a.m. Roman says juries often reach a verdict on a Friday.

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