Karen Read case hearing focuses on role dog bite testimony could play in second trial
DEDHAM - The Karen Read case returned to court Thursday as a defense expert was on the stand for more than six hours, just so a judge could determine whether or not she can testify about alleged dog bites at Read's second trial.
Dog bite testimony in Karen Read case
New special prosecutor Hank Brennan filed a motion recently asking Judge Beverly Cannone to exclude expert testimony about an alleged dog attack from Read's second criminal trial. Defense witness Dr. Marie Russell, a California-based retired physician, testified at Read's first trial that she believed John O'Keefe's arm injuries were consistent with a dog attack.
Read's defense has suggested that the Albert family's German Shepherd named Chloe could have attacked O'Keefe, who was found dead outside the family's home on Fairview Road.
The prosecution says Dr. Russell is not a qualified expert, arguing that her primary work on the issue is from 1996 and relates to police dogs.
The judge denied a similar motion during the first trial and allowed Dr. Russell to testify.
"There are multiple bites here"
Taking the stand again on Thursday, Dr. Russell used a laser pointer to highlight wounds on a picture of O'Keefe's arm.
"Those wounds were inflicted by a dog attack," she said.
Read's newest attorney Robert Alessi asked Dr. Russell, "why do you say it was a dog attack?"
"Because there are multiple bites here," Dr. Russell replied.
Dr. Russell also argued that some holes in the shirt O'Keefe was wearing that night show signs of puncture by dog teeth. Her detailed testimony on Thursday suggests she could play a bigger role in the defense's case.
But prosecutors want to keep her off the stand, or limit her testimony as much as possible.
"Other than this trial a year ago, have you ever, ever been qualified to testify in any state court in the entire country as a dog bite expert?" Brennan asked.
"No, the issue never came up," Dr. Russell responded.
Russell will have to return to court on Jan. 7 for another hearing to finish testimony.
"It's the right thing to do," Dr. Russell said outside court. "Because there are very few experts in this area in the country and so someone needs to be available."
Karen Read's second trial date
Read's second trial was set to begin on Jan. 27. Her first criminal trial ended in a mistrial due to a "starkly divided" hung jury.
Both the prosecution and defense said they needed more time to prepare and jointly asked for the retrial to be delayed until April 1, 2025. The judge is asking for both sides to propose a scheduling order for the court to consider.
No decision was made about a new trial date on Thursday, as Dr. Russell's testimony took up the entire day.
Complicating the case is Read's appeal that is being weighed by the Supreme Judicial Court of Massachusetts. She's trying to get some of the charges against her thrown out on double jeopardy grounds. The defense says some jurors came forward to say they actually decided to unanimously acquit Read on two of the three charges, but weren't sure how to communicate their decision to the judge.
Who is Karen Read?
Karen Read is a 44-year-old financial analyst who was living in Mansfield when prosecutors allege she hit and killed her boyfriend, John O'Keefe, with her SUV and left him to die during a snowstorm in Canton in January 2022.
Read has pleaded not guilty to charges of second-degree murder, manslaughter while operating under the influence of alcohol, and leaving the scene of personal injury and death.
The defense has argued Read is a victim of a coverup by several people, including law enforcement.
Karen Read trial latest
Judge Cannone last week ruled that prosecutions can have unedited and off-the-record recordings from magazine and TV interviews with Read and her family. Special prosecutor Brennan has said he plans to use the information at Read's retrial to show how her story has changed over time.
In a late November ruling, the judge sided with the defense to deny prosecutors access to Read's parents' cell phone records. Read's lawyer called the request an invasive "fishing expedition" from the prosecution.
