Judge Allows Retrial in Boston Officer's Death Case, Dismissing Jury Claims

In a significant legal development, Judge Beverly Cannone has ruled that Karen Read can face a retrial for the death of her boyfriend, Boston police officer John O'Keefe. This decision comes despite claims from the defense that jurors had reached unanimous not guilty verdicts on two of the three charges.

Read stands accused of striking O'Keefe with her SUV and abandoning him during a snowstorm in January 2022. The initial trial, which lasted two months, concluded in July with a hung jury, leading to a mistrial declaration after five days of deliberations.

The defense presented evidence suggesting that four jurors had privately disclosed reaching unanimous not guilty verdicts on second-degree murder and leaving the scene of a deadly accident charges. They argued that retrying Read on these counts would violate the constitutional protection against double jeopardy. However, Judge Cannone dismissed this argument, stating, "Where there was no verdict announced in open court here, retrial of the defendant does not violate the principle of double jeopardy."

It's worth noting that the Fifth Amendment to the U.S. Constitution protects against double jeopardy, which prevents a person from being tried twice for the same crime. However, in this case, the judge's ruling hinges on the fact that no official verdict was recorded in court.

The defense team, led by attorney Marty Weinberg, had proposed several options to substantiate the jury's alleged decisions, including polling the jury or allowing jurors to provide affidavits. Conversely, prosecutors described the defense's request as an "unsubstantiated but sensational post-trial claim" based on "hearsay, conjecture and legally inappropriate reliance as to the substance of jury deliberations."

"The jury never indicated they had reached a verdict on any of the charges, were given clear instructions on how to reach a verdict, and the defense had ample opportunity to object to a mistrial declaration."

This case highlights the complexities of the U.S. legal system, where a unanimous decision is typically required from jurors in criminal cases. The burden of proof in such cases is "beyond a reasonable doubt," a high standard that can sometimes lead to hung juries when consensus cannot be reached.

As the case moves forward, a new trial is scheduled to begin on January 27, 2025. This retrial will once again examine the charges against Read, including second-degree murder, which typically involves intent to kill but without premeditation, and leaving the scene of an accident, which is often considered a separate criminal offense.

The outcome of this case will be closely watched, as it touches on important legal principles and the delicate balance between ensuring justice for the accused and the deceased.