DEDHAM, Mass. — Judge Beverly J. Cannone has denied Karen Read’s motion to dismiss her most serious charge of 2nd-degree murder in a 21-page ruling released Friday morning. The decision comes 2 weeks after Read’s attorney Martin Weinberg argued that Read’s double jeopardy protections would be violated if Judge Cannone did not dismiss 2 of her 3 charges.
In her ruling, Judge Cannone wrote, “There was no acquittal on any of the charges in the defendant’s first trial, there is no risk of subjecting the defendant to double jeopardy by retrial on all the charges. Therefore, the Defendant’s Motion to Dismiss is DENIED.”
“We respectfully but strongly disagree with the cornerstones of today’s rulings and intend a vigorous appeal to assert and uphold Ms. Read’s rights based on the Double Jeopardy Clause,” Martin G. Weinberg, Lawyer for Karen Read said.
Read’s lawyers filed the motion to dismiss after they say 5 deliberating jurors informed them the panel unanimously agreed to acquit Read on second-degree murder and leaving the scene of a deadly crash before Judge Cannone declared a mistrial.
One of the jurors stated they were, “uncomfortable’ with how the trial ended,” according to the defense.
The Norfolk County District Attorney’s Office confirmed that 2 people who identified themselves as jurors provided similar information about the secret deliberations in voicemails left for Prosecutor Adam Lally.
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Karen Read
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Karen Read and John O'Keefe
All stand as the jury files out to the courtroom, to start their fifth day of deliberations in the murder trial for Karen Read in Norfolk Superior Court in Dedham, Mass., Monday, July 1, 2024. (Pat Greenhouse/The Boston Globe via AP, Pool) (Pat Greenhouse/AP)
Karen Read jurors tell judge they’ve been unable to reach unanimous verdict Karen Read jurors tell judge they’ve been unable to reach unanimous verdict
Day 3 of jury deliberations finishes without verdict in Karen Read trial Day 3 of jury deliberations finishes without verdict in Karen Read trial
Karen Read awaits the juries verdict in her murder case at Norfolk Superior Court in Dedham, Mass., Wednesday June 26, 2024. (Greg Derr/The Patriot Ledger via AP) (Greg Derr/AP)
Closing arguments in Karen Read trial
Defense attorneys in Karen Read murder trial argue with judge over jury verdict slip Defense attorneys in Karen Read murder trial argue with judge over jury verdict slip
Karen Read murder trial
Streets lined with Karen Read supporters as her fate rests in hands of the jury
Streets lined with Karen Read supporters as her fate rests in hands of the jury
Norfolk Superior Court Dedham Some witnesses are in the courtroom on Tuesday include Brian Albert, Colin Albert, and Jennifer McCabe.
Karen Read
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Karen Read trial Karen Read, center right, is seated Monday, June 10, 2024, in Norfolk Super Court, in Dedham, Mass., during her trial on charges in connection with the 2022 death of her boyfriend, Boston police Officer John O'Keefe. (Kayla Bartkowski/The Boston Globe via AP, Pool) (Kayla Bartkowski/(Kayla Bartkowski/The Boston Globe via AP, Pool))
Karen Read trial Karen Read is seated Monday, June 10, 2024, in Norfolk Super Court, in Dedham, Mass., during her trial on charges in connection with the 2022 death of her boyfriend, Boston police Officer John O'Keefe. (Kayla Bartkowski/The Boston Globe via AP, Pool) (Kayla Bartkowski/(Kayla Bartkowski/The Boston Globe via AP, Pool))
Karen Read trial
Karen Read, John O'Keefe
Karen Read murder trial
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Karen Read murder trial
Karen Read murder trial Karen Read smiles after listening to her attorney Alan Jackson during her trial at Norfolk County Superior Court, Friday, May 17, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (AP Photo/Charles Krupa, Pool) (Charles Krupa/AP)
Karen Read
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Karen Read and Officer O'Keefe
Karen Read murder trial
Karen Read Karen Read sits with her legal team team in court Thursday, May 2, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool) (David McGlynn/Karen Read sits with her legal team team in court Thursday, May 2, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool))
Karen Read Karen Read sits with her legal team team in court, Thursday, May 2, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool) (David McGlynn/Karen Read sits with her legal team team in court, Thursday, May 2, 2024, in Dedham, Mass. Read, 44, is accused of running into her Boston police officer boyfriend with her SUV in the middle of a nor'easter and leaving him for dead after a night of heavy drinking. (David McGlynn/New York Post via AP, Pool))
Karen Read trial Day 1
Karen Read opening statements begin
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Karen Read
Read’s trial ended on July 1st after the jury reported they were deadlocked 3 separate times during 5 days of deliberations. The jury did not reveal that it had reached any decisions and never indicated they were deadlocked only on Read’s manslaughter charge in notes sent to Judge Cannone.
“Because there was no open and public verdict affirmed in open court rendered in this case, the defendant was not acquitted of any of the charges. The only unanimous act of the jury here was their representation to the Court that they were ‘at an impasse,’” Judge Cannone wrote in her decision.
Judge Cannone ruled the defense, “had multiple opportunities to voice an objection if they in fact had one,” adding, “defense counsel were no shrinking violets.”
Read is charged in the death of her Boston Police Officer boyfriend John O’Keefe in Canton. The case has garnered national attention over allegations made by Read that she’s been framed by law enforcement in an elaborate coverup involving first responders and relatives of the family that O’Keefe’s body was found on the front lawn of.
The prosecution maintains the evidence proves Read struck O’Keefe with her SUV while intoxicated.
Read’s attorney David Yannetti declined to immediately comment on the ruling when contacted by investigative reporter Ted Daniel
A spokesperson for the Norfolk D.A.’s office said, “We believe that the judge’s decision is consistent with almost 200 years of case law. We are moving forward to trying this case January 27.”
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