Karen Read’s bid to delay wrongful death suit heard

A Plymouth County Superior Court Judge is deciding if a wrongful death lawsuit filed against Karen Read by the family of Boston Police Officer John O’Keefe will proceed as scheduled.

Lawyers for Read and the O’Keefe family appeared in a Brockton courtroom to debate that issue Monday afternoon.

Read has asked that the civil suit be “stayed” or postponed until her criminal case is complete.

In August, the O’Keefe family sued Read and two Canton bars she and O’Keefe were drinking at in the hours before O’Keefe’s death in January 2022.

The suit does not state the dollar amount the family is seeking. Instead, it demands, “…costs, compensatory and punitive damages, lost value of next of kin and any other relief this Court deems appropriate.”

In a separate criminal case in Norfolk County, Read faces a 2nd-degree murder charge for O’Keefe’s death. Prosecutors have alleged she struck him with her SUV and left him in a snowstorm.  Read’s lawyers have long argued that she’s been framed by law enforcement and people identified as witnesses in the case.

Attorney William Keville Jr. represents Read in the civil case. In open court, Keville said that Read would have to defend herself on two fronts at the same time if the civil suit is not delayed. Keville said Read’s 5th amendment privilege, or right to not incriminate herself, would be violated if she was deposed or questioned in the civil case before her criminal trial ends.

“Proceeding with the civil matter will adversely affect Ms. Read’s 5th amendment rights,” Keville told a Judge, “Without a stay, Ms. Read will be forced to decide between defending herself in the civil action and waving her 5th amendment rights.”

Attorney Marc Diller represents the O’Keefe family. He says Read has already forfeited her 5th amendment right by providing interviews to Dateline NBC, ABC’s 20/20 and Vanity Fair.

“What you’re seeing your honor is unprecedented, as far as I’m concerned, as far as the history of civil cases. Karen Read is overtly weaponizing the 5th amendment to her advantage,” Diller said.

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Diller suggested the strength of the civil suit is strong based on filings by Read’s criminal attorneys that indicated 8 jurors were prepared to find Read guilty of manslaughter in her first trial before the trial ended without any verdicts. A mistrial was declared on July 1 when the jurors indicated they were at an impasse and could not reach a consensus,

Diller accused Read of self-promotion and told the Judge he should be able to depose, or question Read, before her retrial begins.

“This is a wrongful death case because what happened to John O’Keefe was wrongful,” Diller said.

A ruling on the requested delay of the civil proceedings is expected at any time.

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