Watch Live: Karen Read appeal hearing held at Massachusetts Supreme Judicial Court
BOSTON - Karen Read's attempt to get two of three criminal charges against her thrown out on the grounds of double jeopardy came before the highest court in Massachusetts today.
The state's Supreme Judicial Court began to hear arguments at 9 a.m. from Read's attorneys and the prosecution. You can stream the hearing live on CBS News Boston or in the video player above.
Karen Read appeals after mistrial declared
Read's first murder trial ended in a mistrial in July when a deadlocked jury failed to reach a verdict. But soon after, the defense said some jurors had come forward to say that they had unanimously agreed to acquit Read on two of the three charges - second-degree murder and leaving the scene of personal injury and death.
A juror who spoke to WBZ-TV said they were unsure how to let Judge Beverly Cannone know that they had made up their minds on acquitting Read of two charges, but not the third charge of manslaughter.
"Given the central importance that acquittals have held in our criminal justice system for hundreds of years, the defense respectfully submits that the jury's unanimous agreement precludes re-prosecution of Ms. Read on Counts 1 and 3 and mandates dismissal of those charges," Read's defense team said in a filing.
The prosecution argues that "alleged post-trial statements from certain purported jurors do not constitute acquittals."
"The defendant was not acquitted of any charge because the jury did not return, announce, and affirm any open and public verdicts of acquittal," the prosecution said in a filing.
Push to delay Karen Read's retrial
Read's second criminal trial was supposed to start on Jan. 27, 2025. But both the prosecution and defense teams on Monday filed a motion to delay the retrial until April 1, 2025.
Both sides say that they need more time to prepare, as the prosecution is expected to call new witnesses that did not testify in the first trial.
Who is Karen Read?
Read, a financial analyst from Mansfield, is accused of hitting her Boston police officer boyfriend John O'Keefe with her SUV and leaving him to die in the snow in Canton after a night of heavy drinking in January 2022. She has pleaded not guilty to all charges against her, arguing that she is the victim of a cover-up involving law enforcement and several others.
O'Keefe's family is suing Read in civil court. The wrongful death lawsuit seeks monetary damages against Read.
A judge ruled last week that Read will not have to be deposed in the civil case until her second criminal trial ends.
