DEDHAM, Mass. (AP) 鈥� A Massachusetts judge has declined to dismiss two charges, including murder, in the case of Karen Read, who is blamed in the death of her Boston police officer boyfriend.
Read is accused of ramming into John O鈥橩eefe with her SUV and leaving him for dead in a January 2022 snowstorm. Her ended in July when jurors declared they were hopelessly deadlocked and a judge on the fifth day of deliberations.
Judge Beverly Cannone's decision means the case can move forward to a new trial set to begin Jan. 27.
The defense had presented evidence that four jurors said the jury unanimously reached a not guilty verdict on second-degree murder and leaving the scene of a deadly accident and were deadlocked on the remaining manslaughter charge.
Trying her again on those two charges would be unconstitutional double jeopardy, they had said.
They had also reported that one juror told them 鈥渘o one thought she hit him on purpose or even thought she hit him on purpose.鈥�
Earlier this month, Read鈥檚 attorney Marty Weinberg requested that Cannone consider a range of options to prove the jury acquitted Read on the two charges.
She could poll the jury, Weinberg said, on whether they reached a verdict on the three counts or bring in the four jurors to be questioned anonymously. If she didn鈥檛 want to accept the defense declarations, he added, she could authorize the defense lawyers to ask the jurors 鈥渨hether or not they would execute an affidavit that could be two sentences 鈥� we reached a final decision unanimously to acquit Ms. Read on counts 1 and 3.鈥�
Prosecutors described the defense鈥檚 request to drop charges of second-degree murder and leaving the scene of a deadly accident as an 鈥渦nsubstantiated but sensational post-trial claim鈥� based on 鈥渉earsay, conjecture and legally inappropriate reliance as to the substance of jury deliberations.鈥�
Assistant District Attorney Adam Lally, in the hearing earlier this month, urged Cannone to dismiss the defense motion.
Lally argued that 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 that the defense had ample opportunity to object to a mistrial declaration.
Michael Casey, The Associated Press
